SB222 • 2025

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO TERM LIMITS.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Buckson
Last action: 2026-01-13
Official status: Senate Executive 1/13/26
Effective date: Not listed

Plain English Breakdown

The candidate explanation incorrectly stated that the bill requires a majority vote, when in fact it needs two-thirds support.

Proposing Term Limits in Delaware

This bill proposes changes to the Delaware Constitution that would set term limits for state legislators and certain appointed officials.

What This Bill Does

Creates a limit of five terms (ten years) for Senators and eight terms (eight years) for Representatives.
Sets a two-term limit (eight years) for the Attorney General, Insurance Commissioner, Auditor of Accounts, and State Treasurer.
Ensures that any term served before this law is passed will not count towards these new limits.

Who It Names or Affects

State Senators
State Representatives
Attorney General
Insurance Commissioner
Auditor of Accounts
State Treasurer

Terms To Know

Term limits: The maximum number of times a person can be elected or appointed to an office.
Constitutional amendment: A change made to the fundamental laws of a state, in this case, Delaware's Constitution.

Limits and Unknowns

The bill needs approval from two-thirds of each house of the General Assembly to be enacted.
This is only the first step; another vote will be needed after the next general election for it to become law.

Bill History

2026-01-13 Delaware General Assembly
Introduced and Assigned to Executive Committee in Senate

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO TERM LIMITS.
This Act is the first leg of a constitutional amendment that would create term limits for legislators and the Attorney General, Insurance Commissioner, Auditor of Accounts, and State Treasurer.

Specifically, this Act provides:
(1) That an individual may not be elected to be a Senator more than 5 times or a Representative more than 8 times.
(2) That an individual may not be appointed or elected to serve more than 2 times each as the Attorney General, Insurance Commissioner, Auditor of Accounts, or State Treasurer.

This Act takes effect on the passage of its second leg in the 154th General Assembly. Sections 3 and 4 of this Act make clear that holding an office before the implementation of this Act for that office will not be counted toward the newly instituted term limits.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

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

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Buckson & Rep. Michael Smith

Sens. Pettyjohn, Wilson; Reps. Hilovsky, Yearick

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 222

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO TERM LIMITS.

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

§ 3. Qualifications of members; commencement of terms of members; continuing residency

required.

required; term limits.

(f) No person may be elected a sixth time to be a Senator or a ninth time to be a Representative.

Section 2. Amend § 21, Article III of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 21. Election and term of office for certain state officers.

The terms of office of the Attorney General, the Insurance Commissioner, the Auditor of Accounts, and the State Treasurer shall be 4

years.

years and these officers may not be appointed or elected to serve more than 2 terms for the same office.

These officers shall be chosen by the qualified electors of this State at general elections and be commissioned by the Governor.

Section 3. This Act takes effect immediately on enactment and is implemented for each office that is subject to this Act as of the next election held for that office.

Section 4.

A term of office completed before the implementation date of this Act for that office may not be included in determining a candidate’s eligibility for that office.

SYNOPSIS

This Act is the first leg of a constitutional amendment that would create term limits for legislators and the Attorney General, Insurance Commissioner, Auditor of Accounts, and State Treasurer.

Specifically, this Act provides:

(1) That an individual may not be elected to be a Senator more than 5 times or a Representative more than 8 times.

(2) That an individual may not be appointed or elected to serve more than 2 times each as the Attorney General, Insurance Commissioner, Auditor of Accounts, or State Treasurer.

This Act takes effect on the passage of its second leg in the 154th General Assembly. Sections 3 and 4 of this Act make clear that holding an office before the implementation of this Act for that office will not be counted toward the newly instituted term limits.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

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.

Author: Senator Buckson