LAWS OF DELAWARE
VOLUME 85
CHAPTER 43
153rd GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 15
AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.
WHEREAS, an amendment to the Delaware Constitution was proposed in the 152nd General Assembly, being Chapter 278 of Volume 84 of the Laws of Delaware (“proposed amendment”); and
WHEREAS, the proposed amendment was adopted by two-thirds of all members elected to each house of the 152nd General Assembly; and
WHEREAS, following adoption by the General Assembly, the proposed amendment was publicized in accordance with the Delaware Constitution; and
WHEREAS, when the 153rd General Assembly concurs in the proposed amendment, the amendment will become part of the Delaware Constitution.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend § 10, Article III of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10. Secretary of State; Members of the Governor’s cabinet; confirmation of appointment or reappointment, term, and vacancy; Secretary of State’s duties and compensation.
Section 10.
(a) For purposes of this Section:
(1) “Governor’s term of office” means the entire term of a Governor under Section 5 of this Article, whether or not a Governor serves the entire term.
(2) “Member of the Governor’s cabinet” means the principal officer of an executive department or the principal officer of an executive department made subject to this Section by an act of the General Assembly.
(b) The Governor shall appoint, by and with the consent of a majority of all the members elected to the Senate, members of the Governor’s cabinet who shall serve at the pleasure of the Governor during the Governor’s term of office in which the members of the Governor’s cabinet were appointed.
(c) When a vacancy occurs by expiration of the Governor’s term of office, a member of the Governor’s cabinet may hold over in office until the member of the Governor’s cabinet, or a new appointee, is confirmed and takes the oath of office, but in no event shall a member of the Governor’s cabinet hold over in office for more than 90 days after the expiration of the Governor’s term of office.
(d)(1) The Governor shall appoint, by and with the consent of a majority of all the members elected to the Senate, a Secretary of State, who shall hold office during the pleasure of the Governor. He or she The Secretary of State shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required by either House of the General Assembly Assembly, lay the same, and all papers, minutes minutes, and vouchers, relative thereto, before such House, and shall perform such other duties as shall be enjoined upon him or her the Secretary of State by law.
(2) He or she The Secretary of State shall have a compensation for his or her service to be fixed by law.
(e) The Secretary of State Except as provided by paragraph (e)(1) of this Section, a member of the Governor’s cabinet shall become a bona fide resident of the this State within six 6 months after his or her appointment; provided, however, that upon appointment.
(1) On good cause shown, the Governor may grant an additional extension of six months. an additional 6 months to become a bona fide resident of this State.
(2) After becoming a resident of the this State, the Secretary a member of the Governor’s cabinet shall continuously be a resident of the State as long as he or she retains office. this State during the member’s term of office.
(3) Failure to obtain or retain such residency shall be an automatic resignation from office. Failure to obtain or retain residency in this State operates as an automatic resignation of office and results in a vacancy in the office.
Approved June 26, 2025