CHAPTER 471
FORMERLY HOUSE BILL No. 800
AN ACT PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF DELAWARE.
Be it enacted by the General Assembly of the State of Delaware ( two-thirds of the members elected to each branch thereof concurring therein):
Section 1. The Constitution of the State of Delaware of 1897, as amended, is amended to read as follows:
We, the people of the State of Delaware, grateful to our Divine Creator, for our civil and religious freedom, and recognizing that all political power is inherent in the people and that all government is instituted with our consent to secure for ourselves and our posterity the right to life, liberty, and the pursuit of happiness, and preservation of our natural resources and aesthetic values of our environment, do establish and ordain this Constitution.
ARTICLE 1. BILL OF RIGHTS
§ 1.01. Freedom of religion
No law shall be enacted respecting an establishment of religion or prohibit the free exercise thereof.
§ 1.02. Trial by jury; civil action; special jury
Every person shall have the right of trial by jury as heretofore in civil actions at law except that:
(a) There shall be no right to jury trial where the matter in controversy is less than the sum or value of $1,500, exclusive of interest or costs.
(b) The number of jurors shall be six.
(c) Trial by special jury shall be discretionary with the trial court.
1.03. Trial by jury; criminal actions
Every person charged with a criminal offense shall have the right of trial by an impartial petit jury as heretofore except as to such misdemeanors as the General Assembly may by law specify with the concurrence of two-thirds of the members elected to each House, and except that the number of jurors shall be six except in capital cases where the number of jurors shall be twelve.
1.04. Freedom of speech and press
Freedom of speech and freedom of the press shall not be abridged, each person remaining responsible for abuse of those rights.
§ 1.05. Searches and seizures; interceptions of communications and other invasions of privacy
The right of the people to be secure in their persons, houses, papers and possessions against unreasonable searches, seizures and interceptions of communications, or other invasions of their privacy, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing persons, houses, and other property to be searched or the communications sought to be intercepted, and the persons, papers, or things to be seized.
1.06. Due process; privilege against self-incrimination; double jeopardy; compensation for private property taken for public use; equal protection; civil rights; nondiscrimination
Every person shall have the right to lawfully acquire real property. No person shall be deprived of life, liberty, or property without due process of law; nor be denied the equal protection of the law; nor be denied the enjoyment of his rights or be discriminated against in the exercise thereof because race, national origin, religion, ancestry or sex. No person shall be compelled to give evidence against himself, or twice be put in jeopardy of criminal punishment for the same offense. Private property shall
not be taken or damaged for public use or purposes without just compensation, except that the allowance of compensation for property damaged but not taken for public use or purposes shall be subject to any reasonable limitations and restrictions that the General Assembly may prescribe by law. This enumeration of rights shall not be construed to impair or deny the right of a person to lawfully defend his life, property or reputation.
§ 1.07. Rights of accused in criminal prosecutions
(a) In all criminal prosecutions the accused shall have: the right to be plainly and timely informed of the charge against him; the right to have the assistance of counsel in his defense; the right to a speedy and public trail; the right to be heard and to be confronted with the witnesses against him; the right to have compulsory process for obtaining witnesses in his favor.
(b) An accused shall not be held to answer for a felony unless by indictment of a grand jury or by information and shall not be held to answer for a misdemeanor unless by information, complaint or otherwise as provided by law, except as in cases arising in the military while in actual service in time of war or public danger. The members of the grand jury for each county shall be residents of the county from which they are selected to serve and the affirmative vote of not less than a majority shall be necessary to return a true bill of indictment.
(c) The accused shall be subject to reasonable bail by sufficient surety for all except capital offenses or offenses punishable by life imprisonment when proof is positive or the presumption great.
(d) Excessive fines shall not be imposed nor cruel and unusual punishment inflicted.
(e) Court costs shall not be assessed against the accused unless convicted.
§ 1.08. Court proceedings to be conducted in public; remedy for injury; waiver of sovereign immunity
Court proceedings shall be conducted in public and without
unreasonable delay or expense. No person shall be without a
remedy for injury or damage to a legal right. The sovereign immunity of the State and its political subdivisions may be waived by the General Assembly by legislation of general application only, and not for individual benefit.
§ 1.09. Suspension of laws by General Assembly; suspension of habeas corpus
The laws of this State shall not be suspended except by authority of the General Assembly. The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rebellion or invasion, the public safety may require it.
§ 1.10. Limitation on legislation; consequence of conviction of crime
No bill of attainder or ex post facto law or law impairing the obligation of contracts shall be enacted. Conviction of any crime or death regardless of cause shall not result in corruption of blood or forfeiture of estate or affect the inheritance or devolution of property not resulting from a wrongful act.
§ 1.11 Right to petition and to assemble
The citizens shall have a right peaceably to assemble, and a right to apply to persons entrusted with the powers of government for redress of grievances or other proper purposes by petition, remonstrance or address.
§ 1.12. Standing army; necessity for legislative consent; subordination of military
No standing army shall be established or maintained without the consent of the General Assembly, and the military shall in all cases and at all times be in strict subordination to the civil power.
The enumeration of rights by this Constitution shall not be
construed to impair or deny others retained by the people.
ARTICLE 2. LEGISLATIVE BRANCH
§ 2.01. Legislative power
The legislative power of this State shall be vested in the General Assembly which shall consist of a Senate and a House of Representatives.
§ 2.02. Qualifications of members
(a) Any qualified voter may be elected to the Senate who shall have attained the age of twenty-four years and have been a citizen and inhabitant of this State three years next preceding the day of his election, unless he shall have been absent on the public business of the United States or of this State, except that no person having been convicted of a crime, defined to be a felony under the laws of the State of Delaware, shall be permitted to stand for election, be nominated, elected or seated in the Senate unless otherwise pardoned.
(b) Any qualified voter may be elected to the House of Representatives who shall have attained the age of twenty-one years and have been a citizen and inhabitant of this State three years next preceding the day of his election unless he shall have been absent on the public business of the United States or of this State, except that no person having been convicted of a crime, defined to be a felony under the law of the State of Delaware, shall be permitted to stand for election, be nominated, elected or seated in the House of Representatives unless otherwise pardoned.
(c) Each member of the General Assembly shall have resided for a least one year immediately prior to his election in the legislative district from which he is elected and shall continue to reside in that legislative district for his term of office.
(d) In those cases where legislative district lines have been changed a person may be eligible to be elected a member if he shall have resided in that legislative district for at least one year immediately prior to his election or shall have resided in an area that is included in that legislative district for at least one year immediately prior to his election.
(a) The members of the Senate shall be elected for terms of four years, except that at the general election following each federal decennial census, the even-numbered senatorial districts shall carry two-year terms; and at the general election eight years after a decennial census, the odd-numbered senatorial districts shall carry two-year terms.
(b) The members of the House shall be elected for terms of two years.
§ 2.04. Legislative districts
(a) The General Assembly shall reapportion each and every Legislative District of the General Assembly on or before February 1 of the first even-numbered year following the official reporting of each decennial census. At the time of any apportionment, each legislative district shall consist of compact and contiguous territory and shall be as nearly equal in population as possible.
(b) For the purpose of electing members of the Senate, the State shall be divided into as many districts as there shall be members of the Senate; provided, however, that the number of Senators shall not be less than 15 nor more than 21; provided further, that the number shall always be uneven.
(c) For the purpose of electing members of the House, the State shall be divided into as many districts as there shall be members of the House; provided, however, that the number of Representatives shall not be less than 35 nor more than 45; provided further, that such number shall always be uneven.
The General Assembly shall meet and sit in Dover, the capital of the State, but in case of emergency for any cause the General Assembly may determine temporarily to meet and sit elsewhere.
§ 2.06. Time and frequency of sessions
The General Assembly shall convene on the second Tuesday of January of each calendar year and it may continue in session so long as, in its judgment, the public interest may require; however,
each session shall not extend beyond the last day of June. Either house of the General Assembly may be recalled into special session by its presiding officer to consider only such matters as are mentioned in his recall. If a majority of the members elected to either house of the General Assembly, petition its presiding officer in writing to be recalled into special session, then said presiding officer shall recall said house of the General Assembly into special session within seven (7) days after receipt of the petition for a period not to exceed thirty (30) days; said written petition shall set forth therein the matters to be considered at the special session and only such matters as are mentioned in the petition shall be considered at the special session.
Each house shall be the judge of the elections, returns, and qualifications of its own members.
(a) The Lieutenant Governor shall be President of the Senate. At the commencement of the session following each general election, unless convened earlier by the Governor, the Senate shall choose one of its members President Pro Tempore, who shall preside in the absence of the Lieutenant Governor, or in case the latter shall become Governor, or while he continues in the exercise of the office of Governor by reason of disability of the Governor. In the absence of the President Pro Tempore, the Senate may appoint one of its members to preside. The Senate shall choose such other officers as may be necessary.
(b) At the commencement of the session following each general election, unless convened earlier by the Governor,the House shall choose one of its members Speaker who shall preside, In the absence of the Speaker, the House may appoint one of its members to preside. The House shall choose such other officers as may be necessary.
§ 2.09. Writs of election
Whenever, for any reason, a vacancy shall exist in either house, a writ of election shall be issued by the presiding officer of that house as provided by law.
(a) A majority of the members elected to each house shall constitue a quorum to do business; but a smaller number may adjourn from day to day, and shall have power to compel the attendance of absent members, in such manner and under such penalties, as shall be deemed expedient.
(b) Each house may determine the rules of its proceedings, and, upon the concurrence of two-thirds of all the members elected thereto, punish or expel any of its members for disorderly behavior or other just cause.
§ 2.11. Passage of bills and resolutions
(a) No bill, joint or concurrent resolution, except in relation to adjourment, shall pass either house unless by roll call and, unless a greater number is provided herein, upon the concurrence of a majority of all the members elected to each house.
() No bill, joint or concurrent resolution, except to appropriate money for public purposes, shall embrace more than one subject, and that subject shall be expressed in its title.
(a) Every statute shall be a public law unless otherwise provided herein.
§ 2.12. Disclosure of personal or private interest
Any member of either house who has a personal or private interest in any bill or resolution, as defined by law, shall disclose that fact to the house of which he is a member and shall not vote thereon.
§ 2.13. Immunity from arrest; questioning of speeches
(a) The members of the General Assembly shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at the session of their respective houses and in going to and returning from the same.
(b) For any speech or debate in any proceedings of the General Assembly, no member shall be questioned in any other place.
§ 2.14. Sessions to be public; journal
(a) All sessions of the General Assembly shall be public.
(b) Each house shall cause to be kept a journal of its proceedings and cause it to be published immediately after every session, except such parts as each house deems to require exclusion.
§ 2.15. Compensation
The members of the General Assembly shall receive an annual salary as may be enacted by statute requiring the concurrence of two-thirds of the members elected to each house, provided that any increases in such salaries shall not apply until after the next general election. The members of the General Assembly shall receive such allowances and reimbursements for expenses as may be appropriate to properly discharge their duties as provided by law, passed with the concurrence of two-thirds of all the members elected to each house of the General Assembly.
§ 2.16. Limitation of local or special law
The General Assembly shall not pass any local or special law relating to fences; the straying of livestock; ditches; the creation or changing the boundaries of school districts; or the laying out, opening, alteration, maintenance or traffic control, in whole or in part, of any road, highway, street, lane or alley; provided, that the General Assembly may, upon the concurrence of two-thirds of the members elected to each house, pass any law relating to the laying out, opening, alteration, or maintenance or traffic control of any road or highway which forms a continuous road or highway extending through at least a portion of the three counties of this State.
(a) The House shall the sole power of impeachment. No person shall be impeached without the concurrence of two-thirds of all the members elected to the House. The Senate shall try all impeachments, and, when sitting for the purpose, the members thereof shall be under oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two-thirds of the members elected to the Senate.
(b) On the trial of an impeachment against the Governor or Lieutenant Governor, the Chief Justice, or, in the case of his absence or disability, the Chancellor, shall preside. On the trial of all other impeachments, the President of the Senate shall preside.
(c) Any public officer of this State shall be liable to impeachment for any crime in office. Judgement in such cases shall not extend further than to removal from and disqualification to hold any public office of this State; but the person convicted shall be subject of other processes at law.
ARTICLE 3. EXECUTIVE BRANCH
§ 3.01 Executive power
The executive power of this State shall be vested in the Governor, who shall faithfully execute the law.
§ 3.02. Governor
(a) The Governor shall be elected for a term of four years commencing on the third Tuesday in January following his election.
(b) The Governor at the time of his election shall have attained the age of thirty years and shall have been a citizen and inhabitant of the United States twelve years next before the day of his election, and the last six years thereof an inhabitant of this State, unless he shall have been absent on public business of the United States or of this State. No person elected Governor for two full consecutive terms shall hold that office again until one full term has intervened.
(c) If the Governor-elect fails to assume office for any reason, the Lieutenant Governor-elect shall serve as acting Governor until the Governor-elect qualifies and assumes the office of Governor. If the Governor-elect does not assume office within six months, the Lieutenant Governor shall become Governor for the full term.
§ 3.03. Lieutenant Governor
(a) There shall be a Lieutenant Governor, who shall be
elected for a term of four years commencing on the third Tuesday in January following his election. The Lieutenant Governor shall be President of the Senate and shall have such other duties as may be delegated to him by the Governor.
(b) The Lieutenant Governor shall have the same qualifications for office as the Governor. No person elected Governor for two full consecutive terms shall hold the office of Lieutenant Governor until one full term has intervened.
(c) The Lieutenant Governor shall be elected at the same time, for the same term, and in the same manner as the Governor; provided, however, that the votes cast for the nominee for Governor shall be deemed cast for the nominees for Lieutenant Governor of the same party.
§ 3.04. Vacancy in offices
(a) In case of vacancy in the office of Governor, the Lieutenant Governor shall become Governor.
(b) In case of vacancy in the office of Lieutenant Governor, the Governor shall nominate a Lieutenant Governor who shall take office upon concurrence of a majority of all the members elected to each house of the General Assembly.
(c) In case of a vacancy in the office of Governor and Lieutenant Governor, or the disability thereof, the Speaker of the House or, if there be none, or there is a vacancy therein, the President Pro Tempore of the Senate, shall act as Governor until the disability of the Governor or Lieutenant Governor is removed or a Governor shall be duly elected.
(d) Whenever the Governor transmits to the President Pro Tempore of the Senate and Speaker of the House a written declaration that the Governor is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.
(e) Whenever the Lieutenant Governor and a majority of either the Secretaries of the executive departments or of such other body as the General Assembly may provide, transmit to
the President Pro Tempore of the Senate and the Speaker of the House a written declaration that the Governor is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor. If the Governor transmits to the President Pro Tempore and the Speaker a written declaration that no disability exists, the Governor shall resume the powers and duties of his office at the end of four days, unless the Lieutenant Governor and a majority of either the Secretaries of the executive departments or of such other body as the General Assembly may provide, transmit within that four days to the President Pro Tempore and the Speaker a written declaration that the Governor is unable to discharge the powers and duties of his office. The General Assembly shall meet within four days to decide the issue. If within fourteen days the General Assembly determines with the concurrence of two-thirds of the members elected to each house that the Governor is unable to discharge the powers and duties of his office, such powers and duties shall continue to be discharged by the Lieutenant Governor as acting Governor; otherwise, the Governor shall resume the power and duties of his office.
§ 3.05. Compensation
The Governor and Lieutenant Governor shall receive a salary fixed by law, which shall be neither increased nor diminished during the period for which each shall have been elected.
§ 3.06. Structure of the executive branch
All functions, powers, and duties of the offices, agencies, and instrumentalities of the executive branch shall be as provided by law.
§ 3.07. Power of appointment and confirmation
(a) The Governor shall have the power to appoint, with the consent of a majority of the members elected to the Senate, the head of each executive department who shall serve at his pleasure. The Governor may also appoint such other officers as he may be authorized by this Constitution or by law to appoint.
(b) The Governor, not less than ten days before sending the name of any person to the Senate for confirmation as his appointment, shall address a public letter to the President Pro Tempore of the Senate informing him that he intends to appoint such a person. The appointment shall be acted upon within thirty days after the Senate receives the appointment.
§ 3.08. Information from executive departments
The Governor may require information from the officers of any executive department upon any subject relating to their respective departments.
§ 3.09. Messages to the General Assembly
The Governor shall, from time to time, provide to the General Assembly information regarding the affairs of the State and recommend such measures as he considers necessary or desirable.
§ 3.10. Special sessions
(a) The Governor may convene the General Assembly by proclamation for a stated purpose for not longer than thirty days. The General Assembly shall consider only these matters for which it is convened.
(b) The Governor may convene the Senate by proclamation for the transaction of executive business. The Senate shall consider only those matters for which it is convened.
§ 3.11. Approval, veto and repassage of bills or resolutions
(a) The Governor may veto any bill or joint resolution.
(b) The Governor may reduce or strike out any monetary item in any appropriation bill; provided, however, that such reduction or striking has the effect of reducing or deleting the expenditure of that monetary item. Each item or portion of an item not disapproved shall become law, and each item or portion of an item disapproved shall be subject to the same procedure as a bill or joint resolution vetoed by the Governor.
law if the Governor signs or fails to veto it within twenty days after presentation.
(d) If the Governor vetoes a bill or joint resolution, he shall return it forthwith, to the presiding officer of the house wherein the bill or joint resolution originated, and the Governor shall make the veto public. A bill or joint resolution shall become law if passed over the veto by the affirmative vote of three-fifths of all the members elected to each house.
§ 3.12. Commissions and great seal
All commissions shall be in the name of this State and shall be sealed with the great seal and signed by the Governor.
§ 3.13. Commander in chief
The Governor shall be the commander in chief of the armed forces of this State, except when they shall be called into the service of the United States.
§ 3.14. Secretary of State
The Governor shall appoint, with the consent of a majority of the members elected to the Senate, a Secretary of State who shall serve at the pleasure of the Governor. The Secretary of State shall be the keeper of the great seal, shall maintain a register of the official acts of the Governor, and shall perform such other duties as shall be prescribed by law.
§ 3.15. Pardons and executive clemency
(a) The Governor shall have the power to remit fines and forfeitures and to grant reprives, commutations of sentence, and pardons, except in cases of impeachment; but no pardon, or reprieve for more than six months, shall be granted, nor sentence commuted, except upon the recommendation in writing of a majority of the board of pardons after full hearing; and such recommendation, with reasons therefor at length, shall be filed and recorded in the office of the Secretary of State, who shall forthwith notify the Governor thereof. The Governor shall fully set forth in writing the grounds of all reprieves, pardons, and remissions, to be entered in the register of his official acts and laid before the General Assembly at its next session.
(b) The board of pardons shall be composed of the Chancellor or if he is disqualified or incapacitated, or if there is a vacancy in that office, the Vice Chancellor next in seniority, Lieutenant Governor, Secretary of State, and two other citizens of this State to be appointed as prescribed by law.
(c) The board of pardons may require information from any public officer upon any subject relating to the board's duties.
ARTICLE 4. JUDICIAL BRANCH
§ 4.01. Judicial power
The judicial power of this State shall be vested in three constitutional courts, a Supreme Court, a Court of Chancery, a Superior Court, and such statutory courts as the General Assembly, upon the concurrence of two-thirds of all the members elected to each house, has established or shall establish.
§ 4.02. Jurisdiction of Supreme Court
(a) The Supreme Court shall have jurisdiction:
(1) To receive appeals from the Superior Court in civil cases, except as hereinafter provided in Section 4.07 (c), and to determine finally all matters of appeal in the interlocutory or final judgments and other proceedings of the Superior Court in such civil cases, provided that in cases appealed to the Superior Court, only final orders or judgments shall be appealable to the Supreme Court.
(2) To receive appeals from the Superior Court upon final judgments in criminal cases, except as hereinafter provided in Section 4.07 (c), upon application of the accused in all cases and in such other cases as shall be provided by law, and to determine finally all matters of appeal on the final judgments or proceedings of the Superior Court in criminal cases; provided, however, that interlocutory orders of the Superior Court suppressing or excluding evidence may be appealed by the State to the Supreme Court in such manner as shall be provided by law.
(3) To receive appeals from the Court of Chancery and to
determine finally all matters of appeal in the interlocutory or final judgments and other proceedings in Chancery.
(4) To issue writs of prohibition, quo warranto, certiorari, and mandamus to all constitutional and statutory courts and to any judge thereof and to issue all orders, rules, and processes proper to give effect to the same.
(5) To issue such temporary writs or orders in causes pending on appeal as may be necessary to protect the rights of the parties, and any Justice of the Supreme Court may exercise this power when the Court is not in session.
(6) To hear and determine questions of law certified to it by any court which it by rule designates, or the General Assembly, upon the concurrence of two-thirds of all the members elected to each house shall designate, and where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rule, prescribe the methods of certification.
(7) At its discretion to accept, hear and determine questions of law certified to it by a federal court of appeals or district court under such terms, conditions, and limitations as shall be prescribed by rule of the Supreme Court.
(8) To exercise such other jurisdiction by way of an appeal or writ of certiorari as may, from time to time, be prescribed by law.
(b) On appeal from a verdict of a jury, the findings of the jury, if supported by evidence shall be conclusive, and on appeal from a judgment or order entered by a court sitting without a jury, findings of fact shall not be set aside unless clearly erroneous.
§ 4.03. Justices of Supreme Court
(a) The Supreme Court shall consist of five Justices. They shall be citizens of this State and be admitted to practice before the highest court of this State.
(b) One of the Justices shall be designated Chief Justice by his appointment, and shall be the administrative head of the
Supreme Court; when present, he shall preside at all sittings of the Court. The remainder of the Justices shall be designated Associate Justices. In the absence of the Chief Justice, the Justice present who is a senior in length of service shall preside.
§ 4.04. Quorum of Supreme Court
A quorum of the Supreme Court shall consist of not less than three Justices. The entire Court shall sit in any criminal case in which the accused has been sentenced to death and in such other civil and criminal cases as the Court by rule, or the General Assembly, upon the concurrence of two-thirds of all the members elected to each house, shall determine. In case of a lack of quorum by reason of vacancies in their number, incapacity, or disqualification to sit by reason of interest, or to constitute a three-member panel of the Court, the Chief Justice of the Supreme Court, or if he is disqualified or incapacitated or if there is a vacancy in that office, the Justice who by seniority is next in rank to the Chief Justice, shall have the power to designate judges from among the judges of the constitutional courts to sit in the Supreme Court temporarily to fill up the number of Justices required by law. It shall be the duty of the judges of the Constitutional Courts so designated to sit accordingly. No judge shall be so designated to sit in the Supreme Court in any cause in which he sat below. Any one of the Justices of the Supreme Court may open and adjourn court.
§ 4.05. Jurisdiction and powers of Court of Chancery
The Court of Chancery shall have general equity jurisdiction and powers as heretofore and such other jurisdiction and powers as prescribed by law.
§ 4.06. Chancellor and Vice Chancellors of Court of Chancery
(a) There shall be a Chancellor and at least two Vice Chancellors and such additional Vice Chancellors as may be prescribed by law. They shall be citizens of this State and be admitted to practice before the highest court of this State. The Chancellor shall be designated as such by his appointment and shall be administrative head of the Court of Chancery.
(b) A quorum of the Court of Chancery shall consist of the Chancellor or one Vice Chancellor.
§ 4.07. Jurisdiction of powers of Superior Court
(a) The Superior Court shall have jurisdiction of all civil causes at common law and such other jurisdiction and powers as prescribed by law.
(b) The Superior Court shall have original jurisdiction over all criminal causes except where jurisdiction thereof is vested exclusively in another court by law.
(c) The Superior Court shall have such appellate jurisdiction as may be provided by law. The judgment or order of the Superior Court on appeal from a statutory court, however, shall be final, except the Supreme Court may review on appeal such final' order or judgment of the Superior Court insofar as it directly involves the construction or constitutionality of any provision of the Constitution of this State or of the United States, or of a law or regulation of this State or political subdivision thereof.
(d) The Superior Court shall have jurisdiction to hear and determine or to certify to the Supreme Court, subject to Section '4.02 (a) (6) of this Constitution, questions of law certified to it by any statutory court, agency, board, or other body which it by rule, or the General Assembly upon the concurrence of two-thirds of all the members elected to each house designates, and where it appears to the Superior Court that there are important and urgent reasons for an immediate determination of such questions by it. The Superior Court may, by rule, prescribe the methods of certification.
(e) The judges of the Superior Court shall not charge juries with respect to matters of fact, but may state the questions of fact in issue and declare the law.
(f) The judges of the Superior Court shall, pursuant to the rules and practices of the Court of Chancery, have power, in the absence of the Chancellor and all Vice Chancellors from the county where any suit in equity may be instituted or during the temporary disability of the Chancellor and all the Vice Chancellors, to grant restraining orders; and all such judges shall have power, during the absence of the Chancellor and all of the Vice Chancellors from the State or during his and their disability, to
grant preliminary injunctions, provided that nothing herein shall be construed to confer general jurisdiction over the case.
§ 4.08. President Judge and Associate Judges of the Superior Court
(a) There shall be at least nine judges of the Superior Court and such additional judges as may be prescribed by law. They shall be citizens of the State and be admitted to practice before the highest court of this State.
(b) One of the judges shall be designated as President Judge by his appointment and shall be administrative head of the Superior Court and, when present, shall preside. The remainder of the judges shall be designated Associate Judges and three of the Associate Judges shall be Resident Judges and at least one of them shall, after appointment, reside in each county of this State. In absence of the President Judge, the judge present who is senior in length of service shall preside.
(c) A quorum of the Superior Court shall consist of one judge.
§ 4.09. Jurisdictional changes by the General Assembly
The General Assembly, notwithstanding anything contained in this Article, shall have the power to repeal or alter any statute of the General Assembly giving jurisdiction to the courts established by this Constitution, or their predecessors, in any matter, or giving any power to any of the constitutional courts. The Superior Court and the Court of Chancery shall continue to have the jurisdiction given by any statute of the General Assembly to those courts or their predecessors until such jurisdiction shall be changed by a statute of the General Assembly pursuant to this Constitution.
§ 4.10. Appointment of judges to constitutional courts
(a) The Governor, with the consent of a majority of the members elected to the Senate, shall appoint all judges of constitutional courts for terms of twelve years.
shall be so constituted that not more than a majority of one of the judges shall be members of a single political party.
§ 4.11. Jurisdiction of statutory courts
(a) The General Assembly may provide for the special and civil jurisdiction of statutory courts; provided, however, that a right of appeal to a constitutional court shall be provided in all cases, including misdemeanors.
(b) The General Assembly may regulate the jurisdiction of misdemeanors and statutory courts and may, with the concurrence of two-thirds of all the members elected to the Senate and House of Representatives, grant jurisdiction over additional misdemeanors to statutory courts and remove misdemeanors from the jurisdiction of statutory courts; provided, however, that a right of appeal to a constitutional court shall be provided in all cases, including misdemeanors.
§ 4.12. Appointment of judges to statutory courts; qualification
(a) The Governor, with the consent of a majority of the members elected to the Senate, shall appoint all judges to statutory courts. The General Assembly, upon the concurrence of two-thirds of all the members elected to each house, shall establish the number, qualifications and terms, but in no event shall the terms be less than four years nor more than twelve years.
(b) The statutory courts, singularly and collectively, shall be so constituted that not more than a majority of one of the judges shall be members of a single political party.
§ 4.13. Appeals and transfers
(a) All appeals shall be on the record, with no trials de nevo.
(b) In all cases over which the Superior Court has concurrent jurisdiction and in such other cases as may be provided by law, there shall be a right to elect to transfer the case to the Superior Court upon such terms and conditions as may be provided by law.
§ 4.14. Public notice of judicial appointments
The Governor, not less than ten days before sending the name of any person to the Senate for confirmation as his appointment to any judicial office, shall address a public letter to the President Pro Tempore of the Senate informing him that he intends to appoint such person. The appointment shall be acted upon within thirty days after the Senate receives the appointment. Any vacancy filled before the expiration of a term, shall be by appointment for a full term, and not for just the unexpired portion of the previous appointee's term.
§ 4.15. Restrictions on nonjudicial activities
No judge shall practice law or perform any nonjudicial governmental functions.
§ 4.16. Court on the Judiciary
(a) The Court on the Judiciary shall consist of the Chief Justice and two senior Associate Justices of the Supreme Court, the Chancellor, the President Judge of the Superior Court, among whom five shall constitute a quorum. The Court on the Judiciary shall be convened for appropriate action upon the order of the Chief Justice, or upon the order of any other three members of the Court on the Judiciary. In the event of absence, incapacity, or disqualification of a member of the Court on the Judiciary, the Chief Justice or in his absence, incapacity, or disqualification, the next senior Associate Justice in rank shall appoint a member from among the justices or judges of the constitutional courts to serve pro tempore.
(b) The Court on the Judiciary shall have jurisdiction and power:
(1) To censure or remove any judge for willful misconduct in office, willful and persistent failure to perform his duties, the commission of an offense involving moral turpitude, or other persistent misconduct in violation of the canons of judicial ethics as adopted by the Supreme Court.
(2) To retire any judge for permanent mental or physical disability interfering with the proper performance of the duties of his office.
(3) To summon witnesses to appear and testify under oath and to compel the production of books, papers, and documents and to adopt rules establishing procedures for investigation and trial.
(c) No judge shall be censured, removed, or retired by the Court on the Judiciary unless he has been served with a written statement of the charges against him, or of the grounds for his retirement, and shall have had an opportunity to be leard in accordance with due process of law. No judge shall be censured, removed, or retired without the concurrence of two-thirds of the members of the Court on the Judiciary. All hearings and other proceedings shall be private, and all records, except a final order of removal or retirement shall be confidential, unless the judge involved shall otherwise request.
(d) Upon an order of removal, all authority, rights, and privileges of the judge involved shall cease, and a vacancy shall be deemed to exist.
(e) Upon an order of retirement, the judge involved shall be retired with such rights and privileges as prescribed by law for the disability retirement of a judge, and a vacancy shall be deemed to exist.
() Within five days after the entry of an order of removal, or an order of retirement, notification in writing shall be given to the Governor, accompanied by a copy of the order of removal or order of retirement, under the hand and seal of the Court on the Judiciary.
§ 4.17. Administration of judicial system
The Chief Justice of the Supreme Court, or in case of his absence from this State or incapacity, the senior Associate Justice within the State and not incapacitated, shall have general administrative and supervisory powers over the courts. Such powers include the following:
(a) Upon approval of a majority of the justices of the Supreme Court, to adopt rules for the courts of this State, provided that the courts, subject to the exercise of the power conferred upon the Chief Justice, may adopt rules of pleading, practice, and procedure applicable to such courts.
(b) To assign one or more judges of any constitutional or statutory court to sit on any other constitutional or statutory court to hear and decide the cases as may be designated.
(c) To designate and assign temporarily any retired justice or judge of any court to perform judicial duties from time to time with his consent and at such compensation as the General Assembly may provide so long as he is not engaged in the private practice of law.
(d) No justice or judge shall be assigned or designated pursuant to this section unless he meets all constitutional and statutory qualifications of a judge or justice of such court to which he is being assigned.
§ 4.18. Compensation
Members of the judiciary shall receive a salary fixed by law, which shall not be diminished during the period for which each shall have been appointed.
§ 4.19. Style of process and public acts
The style in all process and public acts shall "The State of Delaware". Prosecutions shall be in the name of the State.
§ 4.20. Mandatory retirement age
The judges of all constitutional courts and statutory courts shall retire upon attaining the age of seventy years, regardless of the term of office to which any judge was appointed. Such retirement shall immediately create a vacancy; provided, however, that a retired judge may continue to serve for a period not to exceed one year from the date of his seventieth birthday solely for the purpose of concluding cases and other matters of a judicial nature which were pending prior to the judge's retirement.
ARTICLE 5. ELECTIONS
§ 5.01. Time and manner of holding general election
(a) The general election shall be held on the Tuesday next
after the first Monday of November in each even-numbered year and shall be by secret ballot.
(b) The General Assembly shall prescribe the means, methods, and instruments of voting so as best to secure secrecy and the independence of the voter, preserve the freedom and purity of elections, and prevent fraud, corruption, and intimidation.
§ 5.02. Qualifications for voting
Every citizen of this State who shall have attained the age of eighteen years, who shall have been domiciled therein for forty-five days next preceding any general election, and who has been duly registered, shall be entitled to vote at such election in the election district in which he shall at the time be domiciled and be registered, for all public offices and upon all questions which may be submitted to the people, provided that:
(a) For the purpose of voting, no person shall be deemed to have gained or lost a domicile only by registration and attendance at any institution of learning; nor shall any person be deemed to have gained or lost a domicile only by service in the armed forces of the United States.
(b) The General Assembly may deny the right to vote to persons convicted of a felony and to mentally incompetent persons.
§ 5.03. Registration of voters
(a) The General Assembly shall provide, by general law, for the registration and removal of voters.
(b) There shall be at least two registration days in each election district in a period commencing not more than one hundred twenty days and ending forty-five days before each general election.
voting of persons entitled to vote who are absent from this State or who are sick or physically disabled.
§ 5.05. Persons entitled to vote privileged from arrest; exceptions
Persons entitled to vote shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest, during their attendance at elections, and in going to and returning from them.
§ 5.06. Canvass of elections
(a) The Superior Court shall review the results of every general election and shall publicly ascertain the state of the election throughout each county by determining the total of all the votes for each office that shall be given in all the election districts of each county for every person voted for office.
(b) If two or more persons for any office shall have an equal number of votes in any general election, the person who shall be deemed to have received the greater number of votes shall be determined by lot by the court conducting the review of the election.
(c) The Superior Court shall, by rule, provide the method for the conduct and certification of the review, unless otherwise prescribed by law.
§ 6.01. Uniformity of taxes; collection under general laws; exemption for public welfare purpose
All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws passed by the General Assembly. The governing bodies of each county or municipality are hereby authorized to exempt from taxation such property in their respective jurisdictions as in their opinion will best promote the public welfare. The local property tax exemption power created by this section shall be exercised only by general legislation, and shall affect only such property as is located within the jurisdiction of the governing body exercising such powers of tax exemption.
(a) All bills for raising revenue, other than bills which do so incidentally shall originate in the House, but the Senate may propose amendments. No bill for raising revenue shall contain any matter or cause not related and necessary thereto.
(b) No law shall have the effect of increasing the rates of taxation on personal income for any year or part thereof prior to the date of the enactment thereof or for any year or years prior to the year in which the law is enacted.
Prior to the third Tuesday of January in each year, unless such time shall be extended by the General Assembly, the Governor shall submit to each house of the General Assembly an operating budget and the bill for the appropriations therefor for the ensuing fiscal year in such form and detail as the Governor shall determine, or as prescribed by law. The operating budget shall state the estimated surplus or deficit of revenues at the end of the preceding year and shall contain, for the ensuing fiscal year, an estimate of revenues, a plan of proposed expenditures including appropriations required by this Constitution or any other information as required by law. The total proposed expenditures shall be limited to funds available as stated in the operating budget.
§ 6.04. Operating budget bill
(a) The General Assembly shall not reduce or strike out the appropriation of sufficient funds to provide for the timely payment of interest upon and installments on principal of all State indebtedness.
(b) No budget bill shall be subject to veto by the Governor except as provided in Article 3, Section 3.11 (b).
All bills or resolutions which require or provide for the appropriation of public money shall clearly indicate that fact in the title, and no bill or resolution shall be amended to require or
provide for the appropriation of public money unless that fact is clearly indicated in the title of that bill or resolution.
Not later than March 1 in each year the Governor shall submit to each house of the General Assembly a capital budget and a bill for the authorizations of the capital budget, and in such form and detail as the Governor shall determine, or as may be required by law.
§ 6.07. Borrowing money; specification of purpose; surplus borrowed money
No money shall be borrowed or debt created by or on behalf of this State except pursuant to an act of the General Assembly passed upon the concurrence of three-fourths of all the members elected to each house, except to supply casual deficiencies of revenue, or pay existing debt. Any law authorizing the borrowing of money by or on behalf of State shall specify the purpose for which the money is to be borrowed, and the money so borrowed shall be used exclusively for such purpose; but any money remaining shall be disposed of according to law.
§ 6.08. Limitation on loan of public money
(a) No appropriation shall be made, and no bonds of this State issued or loaned, to any county, municipality, or corporation, except pursuant to an act of the General Assembly, passed upon the concurrence of three-fourths of all the members elected to each house.
(b) The credit of the State, by the guarantee or the endorsement of the bonds or other undertaking of any county, municipality, corporation, individual, firm, or association, shall not be pledged except pursuant to an act of the General Assembly, passed upon the concurrence of three-fourths of all the members elected to each house.
(c) No county or municipality shall pledge its credit or appropriate money to, or assume the debt of, or become a shareholder or joint owner in, or with, any private corporation or any individual or private association whatever, except pursuant to
an act of the General Assembly, passed upon the concurrence of three-fourths of all the members elected to each house.
§ 6.09. Procedure in withdrawal and payment of public moneys
No money shall be drawn from the treasury other than pursuant to an act of the General Assembly; provided that the compensation of the members of the General Assembly and all expenses connected with its session may be paid out of the treasury pursuant to a resolution in that behalf. A regular account of the receipts and expenditures of all public money shall be published annually as provided by law.
ARTICLE 7. EDUCATION
§ 7.01. Public education
(a) The General Assembly shall provide for the establishment and maintenance of a general system of free public schools open to all children in this State.
(b) The General Assembly may provide for such other public educational institutions and services as may be necessary or desirable.
§ 7.02. Attendance and assignment
(a) The General Assembly may require that every child not physically or mentally disabled shall attend public schools unless educated by other means.
(b) The assignments of pupils to public schools shall be determined without regard to race, creed, sex, or national origin.
§ 7.03. Prohibition against the use of public funds by certain schools
No public funds shall be appropriated to, or used by, or in aid of any private, sectarian, church or denominational school.
ARTICLE 8. CORPORATIONS
§ 8.01. General corporation law
No corporation shall hereafter be created, amended, renewed or revived by special act, but only by or under general law, nor shall any existing corporate charter be amended, renewed or revived by special act, but only by or under general law; but the foregoing provisions shall not apply to municipal corporations, banks or corporations for charitable, penal, reformatory, or educational purposes, sustained in whole or in part by the State. No general incorporation law, nor any special act of incorporation, shall be enacted or amended without the concurrence of two-thirds of all members elected to each house of the General Assembly.
§ 8.02. Taxation of securities owned by persons or corporations outside this State
Shares of the capital stock or other securities of corporations created under the laws of this State, when owned by persons or corporations outside this State, shall not be subject to taxation by any law now existing or hereafter to be made.
§ 8.03. Issuance of stock
No corporation shall issue stock, except for money paid, labor done or personal property, or real estate or leases thereof actually acquired by such corporation.
ARTICLE 9. GENERAL PROVISIONS § § 9.01. Dual office holding
No person shall at any one time hold more than one public elected office except as otherwise provided by law.
§ 9.02. Prohibition against extending term of office or diminishing salary or emoluments
(a) No law shall extend the term of any public officer or diminish his salary or emoluments after his election or appointment.
(b) Any public officer having a fixed term shall hold office until his successor shall be duly qualified.
§ 9.03. Forfeiture of office
Any public officer convicted of misfeasance, malfeasance, or nonfeasance in the performance of his public office or of any felony, shall forfeit his office.
§ 9.04. Interest in public contracts
No member or officer of any department or agency of the government shall be in any way interested in any public contract when awarded to or by any such member, officer, department or agency.
§ 9.05. Election and term of office of certain state officers
An Attorney General, Auditor of Accounts, and State Treasurer shall be elected for terms of four years at the general election other than when the Governor is elected with powers and duties as prescribed by law.
§ 9.06. Vacancies in elected offices
(a) A vacancy in any elected office, except the Lieutenant Governor, members of the General Assembly, the county, municipal or school board officials, shall be filled for the remainder of the unexpired term, if any, at the next general election.
(b) The Governor shall have the power, as provided by law, to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office.
§ 9.07. Oath or affirmation of office
(a) Members of the General Assembly and other public officers, executive and judicial, except such officers as shall be exempted by law, shall, before they enter upon the duties of their office, take and subscribe the following oath or affirmation:
`I do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution of the
State of Delaware, and that I will faithfully discharge the duties of the office of according to the best of my ability. So help me God.
(b) No other oath or affirmation shall be required as a qualification for any public office.
§ 9.08. Continuity of governmental operations
(a) The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:
(1) To provide for prompt and temporary succession to the powers and duties of public offices, where succession is not otherwise provided for in this Constitution, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and
(2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.
(b) In the exercise of the powers hereby conferred, the General Assembly, shall in all respects, conform to the requirements of this Constitution, except to the extent that in the judgement of the General Assembly to do so would be impracticable or would cause undue delay.
§ 9.09. Transportation of students
The General Assembly, notwithstanding any other provisions of this Constitution, may provide by law for the transportation of students of nonpublic, elementary and secondary schools.
The General Assembly may provide by law that the governing bodies of each county or municipality shall have the right to adopt local ordinances, including zoning ordinances, which will promote the public health, safety and welfare.
ARTICLE 10. CONSTITUTIONAL REVISION
§ 10.01. Revision by amendment
Amendments to this Constitution may be proposed in the House or Senate.
(a) If initially adopted by an affirmative vote of two-thirds of all the members elected to each house, the proposed amendment shall be entered in the journal of each house showing the roll call taken thereon.
(b) Any proposed amendment adopted by a two-thirds vote shall be published at least sixty (60) days before the next general election as provided by law.
(c) If, in the General Assembly, after the next general election, the proposed amendment shall be finally adopted without change and by an affirmative vote of two-thirds of all the members elected to each house, the same amendment shall become part of this constitution.
§ 10.02. Revision by Constitutional Convention
(a) The General Assembly may by law, adopted by a two-thirds vote of all the members elected to each house, submit to the qualified voters of this State at the next general election the question of calling a Constitutional Convention. If the General Assembly deems it proper, it may limit the question of calling a Constitutional Convention to restrict the consideration by the Convention to one or more Article or sections of this Constitution. If a majority of those voting on the question favor the calling of a Constitutional Convention, the General Assembly at its next session shall provide, by law, for the election of delegates to such Convention at a special election to be held on a date other than a general election day and within eight months after submission of the question to the voters.
() The Constitutional Convention shall be composed of one delegate elected from each representative district, as the representative districts exist at the time of election, and eight delegates elected at large throughout this State. The delegates shall
be registered voters of this State, and the delegates elected from each representative district shall reside therein.
(c) The General Assembly shall appropriate sufficient funds for the work of the Constitutional Convention.
(d) The delegates to the Constitutional Convention shall meet and sit in Dover, the Capital of the State, on the thirtieth day after their election, unless the date is a Saturday, Sunday, or holiday, in which event it shall convene on the next business day.
(e) A majority of the delegates elected to the Constitutional Convention shall constitute a quorum. All officers of the Constitutional Convention shall be elected from among the delegates.
(f) An affirmative vote of three-fifths of all the delegates elected to such Convention, followed by an affirmative vote of two-thirds of all the members elected to each house, shall be required for the adoption of any amendment of this Constitution under this section.
§ 10.03. Approval of bills or resolutions under this article
No bill or resolution passed by the General Assembly under or pursuant to the provisions of this Article shall require for its validity the approval of the Governor and the same shall be exempt from veto by the Governor.
Section 2. That no inconvenience may arise from the amendments to the Constitution of this State contained within this Act, and in order to carry the same into complete operation, it is hereby declared and ordained as follows:
This amended Constitution and Schedule shall take effect on July 1 of the calendar year following the date of enactment.
2. Publication of amended Constitution
Upon enactment the Director of the Legislative Council shall publish this amended Constitution and Schedule in full twice in each county in a newspaper of county-wide circulation. Such publication shall be at least three months apart.
0. Effect on offices of Senators and Representatives
The offices of the present Senators and Representative shall not be vacated or otherwise affected by this amended Constitution. All Senators and Representatives shall serve until the end of the terms for which they were elected.
1. Effect on Governor's term
The term of office of the present Governor shall not be vacated, or affected by this amended Constitution. He shall serve until the end of the term for which he was elected.
2. Terms of office of other persons holding office on effective date of Constitution
The terms of other persons holding constitutional or statutory offices to which they have been elected or appointed shall not be vacated, or affected by this amended Constitution. Such persons shall serve until the end of the term for which they were elected or appointed.
3. Date of first general election
The first general election under this amended Constitution shall be held on the Tuesday next after the first Monday in the month of November of the first even-numbered year following the effective date.
4. Date of commencement of terms of elective officers
The terms of offices made elective by this amended Constitution shall commence on the first Tuesday in January next after their election unless otherwise provided in this amended Constitution or Schedule; provided, however, that the terms of office of all members of the General Assembly shall commence on the day of their election.
8. Court jurisdictions and proceedings continued
All the courts of justice now existing shall continue with their present constitutional or statutory jurisdiction unless otherwise provided in this amended Constitution.
All suits, writs of error, appeals, indictments, proceedings or matters pending on the effective date of this amended Constitution shall not be affected unless otherwise provided by this amended Constitution.
9. Continuation of existing corporations
All corporations existing on the effective date of this amended Constitution shall not be affected unless otherwise provided by this amended Constitution.
10. Laws consistent with Constitution not affected
All the laws of this State existing at the time this amended Constitution shall take effect, and not inconsistent with it, shall remain in force, except as far as they may be altered by future laws.
0. Existing legal obligations held binding
Nothing contained in the amended Constitution shall in any way affect the legally binding obligations of the State of Delaware entered into prior to the effective date unless otherwise provided by this amended Constitution.
Section 3. If any provisions of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.