AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON ELECTED OFFICIALS RUNNING FOR A DIFFERENT ELECTED POSITION.

Plain English Breakdown

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HB206: Resignation Rule for Elected Officials Running for New Offices

This bill proposes a change to the Delaware Constitution that requires most elected officials to quit their current job before running for a different one.

What This Bill Does

• Requires members of the House and Senate to resign before becoming candidates for any other elected office.
• Defines 'elected office' as positions chosen by voters at the state, county, or city level in Delaware.
• Exempts the Governor and Lieutenant-Governor from having to resign if they run for a different position.
• Requires two-thirds of all members in both legislative houses to vote yes before this change can happen.

Who It Names or Affects

• Members of the Delaware House of Representatives
• Members of the Delaware Senate
• Holders of other state, county, or municipal elected offices

Terms To Know

Constitutional Amendment

A formal change to the written rules that govern how the government works.

Resign

To officially quit a job or leave an office before leaving it voluntarily.

Limits and Unknowns

• This bill is only the first step; voters must approve this change in a future election for it to become law.
• The text does not say when this rule would start if approved by voters later.

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON ELECTED OFFICIALS RUNNING FOR A DIFFERENT ELECTED POSITION.
This Act is the first leg of a constitutional amendment that requires a person holding elected office to resign from office before being eligible as a candidate for a different elected office. Elected office includes the office of the Governor, the Lieutenant-Governor, the General Assembly, and any other state, county, or municipal position that is selected by voters in an election in this State. The Governor and Lieutenant-Governor, however, are not required to resign from office should they run for a different elected office.
This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Bolden & Sen. Hoffner

Reps. K. Johnson, K. Williams, Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 206

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON ELECTED OFFICIALS RUNNING FOR A DIFFERENT ELECTED POSITION.

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 Article II of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 14A. Candidates for election; members of the General Assembly.

A member of the House of Representatives shall resign as a member of the House of Representatives before being eligible as a candidate for a different elected office. A member of the Senate shall resign as a member of the Senate before being eligible as a candidate for a different elected office. Elected office includes the office of the Governor, the Lieutenant-Governor, the General Assembly, and any other state, county, or municipal position that is selected by voters in an election in this State.

Section 2. Amend Article III of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 11A. Candidates for election.

A person holding elected office within the State, other than the Governor or Lieutenant-Governor, shall resign from that elected office before being eligible as a candidate for a different elected office. Elected office includes, the General Assembly, and any other state, county, or municipal position that is selected by voters in an election in this State.

SYNOPSIS

This Act is the first leg of a constitutional amendment that requires a person holding elected office to resign from office before being eligible as a candidate for a different elected office. Elected office includes the office of the Governor, the Lieutenant-Governor, the General Assembly, and any other state, county, or municipal position that is selected by voters in an election in this State. The Governor and Lieutenant-Governor, however, are not required to resign from office should they run for a different elected office.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.