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

The official source does not provide specific details on when this bill will become part of Delaware’s constitution after passing through the legislature.

Proposing Changes to Delaware's Constitution About Elected Officials

This bill proposes changing parts of Delaware’s constitution to require most elected officials to resign from their current job before running for a different one, but it allows the Governor and Lieutenant-Governor to run for other positions without resigning.

What This Bill Does

• Changes Article II of the Delaware Constitution to add new rules about when members of the General Assembly can run for another office.
• Adds a new section to Article III of the Delaware Constitution that says most elected officials must quit their current job before running for a different one.

Who It Names or Affects

• Elected officials in Delaware, including members of the General Assembly, Governor, and Lieutenant-Governor.

Terms To Know

Constitution

The main set of rules for a country or state that tells how it should be run.

Elected official

A person chosen by voters to hold an office in government, like a mayor or senator.

Limits and Unknowns

• The bill needs more than half of the members in each house of the General Assembly to agree before it can be changed into law.
• It is not clear when this bill will become part of Delaware’s constitution after passing through the legislature.

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.