Article II — Legislature
25 sections · 0 paragraphs in this article.
Del. Const. art. II, § 1 General Assembly to hold legislative power; composition
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The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives.
Del. Const. art. II, § 2 Composition of House and Senate; terms of office; districts; election
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NOTE Sections 2 and 2A, Article II of the Constitution relating to the composition of the House and Senate was declared unconstitutional by the Supreme Court of the United States on June 15, 1964. Roman et all. v. Sincock et al. 377 U.S. 395. The composition of the General Assemb…
Del. Const. art. II, § 3 Qualifications of members
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No person shall be a Senator who shall not have attained the age of twenty-seven years and have been a citizen and inhabitant of the State three years next preceding the day of his election and the last year of that term an inhabitant of the Senatorial District in which he shall …
Del. Const. art. II, § 4 Time and frequency of sessions
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The General Assembly shall convene on the second Tuesday of January of each calendar year unless otherwise convened by the Governor, or by mutual call of the presiding officers of both Houses. The General Assembly may continue in session each calendar year so long as, in its judg…
Del. Const. art. II, § 5 Place of meeting
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The General Assembly shall meet and sit in Dover, the capital of the State; provided, however, that in case of insurrection, conflagration or epidemic disease the General Assembly may temporarily meet and sit elsewhere.
Del. Const. art. II, § 6 Vacancies; tenure of office of persons elected to fill
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Whenever there shall be a vacancy in either House of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election shall be issued by the presiding officer of the House in which the vacancy exists, or in case of necessity …
Del. Const. art. II, § 7 President pro tempore, Speaker and other officers; absence of presiding officers
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The Senate at the first annual session of every new General Assembly 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…
Del. Const. art. II, § 8 Each House as judge of elections and qualifications of its members; quorum; adjournments; compelling attendance
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Each House shall be the judge of the elections, returns and qualifications of its own members; and a majority of all the members elected to each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall have power to compel the at…
Del. Const. art. II, § 9 Rules; punishment and expulsion of members; scope of powers
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Each House may determine the rules of its proceedings, punish any of its members for disorderly behavior, and with the concurrence of two-thirds of all the members elected thereto expel a member, and shall have all other powers necessary for a branch of the Legislature of a free …
Del. Const. art. II, § 10 Journals; publication; entry of yeas and nays; passage of bills and resolutions
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Each House shall keep a journal of its proceedings, and publish the same immediately after every session, except such parts as may require secrecy. The names of the members voting for and against any bill or joint resolution, except in relation to adjournment, shall on the final …
Del. Const. art. II, § 11 Accessibility to each House and Committees of the Whole
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The doors of each House, and of Committees of the Whole, shall be open unless when the business is such as ought to be kept secret.
Del. Const. art. II, § 12 Consent of each House to adjournment
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Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Del. Const. art. II, § 13 Immunity from arrest and questioning of speeches
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The Senators and Representatives 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; and for any speech or debate in either Ho…
Del. Const. art. II, § 14 Holding dual office or having interest in army or navy contract
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No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during such time. No member of Congress, nor any person …
Del. Const. art. II, § 15 Compensation, Expenses and Allowances of Members
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The President of the Senate and members of the General Assembly shall receive an annual salary and an annual expense allowance for transportation and such other necessary and proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder shall be paid …
Del. Const. art. II, § 16 Restriction of bills and resolutions to one subject; expression in title; exception
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No bill or joint resolution, except bills appropriating money for public purposes, shall embrace more than one subject, which shall be expressed in its title.
Del. Const. art. II, § 17 Lotteries and other gambling
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All forms of gambling are prohibited in this State except the following: (a) Lotteries under State control for the purpose of raising funds, (b) Lotteries (other than slot machines, roulette, craps, and baccarat games) provided that each is sponsored and conducted under the limit…
Del. Const. art. II, § 18 Divorce or alimony
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No divorce shall be granted, nor alimony allowed, except by the judgment of a court, as shall be prescribed by general and uniform law.
Del. Const. art. II, § 19 Local or special laws relating to fences, live stock, ditches, school districts, and roads, highways, streets, etc
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The General Assembly shall not pass any local or special law relating to fences; the straying of live stock; ditches; the creation or changing the boundaries of school districts; or the laying out, opening, alteration, maintenance or vacation, in whole or in part of any road, hig…
Del. Const. art. II, § 20 Disclosure of personal or private interest of legislator in any pending measure
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Any member of the General Assembly who has a personal or private interest in any measure or bill pending in the General Assembly shall disclose the fact to the House of which he is a member and shall not vote thereon.
Del. Const. art. II, § 21 Conviction of crime as ban to public office
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No person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State.
Del. Const. art. II, § 22 Bribery of executive, judicial or legislative officers
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Every person who shall give, offer or promise, directly or indirectly, any money, testimonial, privilege, personal advantage or thing of value to any executive or judicial officer of this State or to any member of either House of the General Assembly for the purpose of influencin…
Del. Const. art. II, § 23 Statutes as public laws unless otherwise declared
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Every statute shall be a public law unless otherwise declared in the statute itself.
Del. Const. art. II, § 24 Settlement of accounts of State Treasurer; ineligibility for legislative office until settlement
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The State Treasurer shall settle his accounts annually with the General Assembly or a joint committee thereof, which shall be appointed at every ninety legislative day session. No person who has served in the office of State Treasurer shall be eligible to a seat in either House o…
Del. Const. art. II, § 25 Laws permitting zoning ordinances and use of land
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The General Assembly may enact laws under which municipalities and the County of Sussex and the County of Kent and the County of New Castle may adopt zoning ordinances, laws or rules limiting and restricting to specified districts and regulating therein buildings and structures a…