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DE · constitutions

Del. Const. art. II, § 3

Qualifications of members; commencement of terms of members; continuing residency required

activein force · 2026-09-24 – presentas-observed

(a) No person shall be a Senator who shall not have attained the age of 27 years and have been a citizen and inhabitant of this State 3 years next preceding the day of the person’s election and the last year of that term an inhabitant of the Senatorial District in which the person shall be chosen, unless absent on the public business of the United States or of this State. No person shall be a Representative who shall not have attained the age of 24 years, and have been a citizen and inhabitant of this State 3 years next preceding the day of the person’s election, and the last year of that term an inhabitant of the Representative District in which the person shall be chosen, unless absent on the public business of the United States or of this State.

(b) A Senator shall continuously reside in the Senatorial District in which the Senator was chosen during the Senator’s term of office. A Representative shall continuously reside in the Representative District in which the Representative was chosen during the Representative’s term of office. A Senator or Representative who does not continuously reside in the District in which the Senator or Representative was chosen is deemed to have resigned the office.

(c) If, as a result of legislative redistricting, a sitting Senator or Representative is required to change the Senator’s or Representative’s residence in order to maintain residency in the district in which the Senator or Representative represent, subsection (b) of this Section does not apply.

(d) If, by reason of an event that can be neither anticipated nor controlled, a Senator or Representative is unable to continue to maintain residency in their district, subsection (b) of this Section does not apply.

(e) The terms of Senators and Representatives begin on the day next after their election.

History

71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83 Del. Laws, c. 362 and 84 Del. Laws, c. 8; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18

Provenance

Source
delcode.delaware.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
07a37eafff9250d668fbf9f568e7c0680e4a19882f1392ee535f42f7f4e21170
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