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DE · constitutions

Del. Const. art. III, § 9

Appointing power; recess appointments; confirmation

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

(a) The Governor shall have power, unless herein otherwise provided, to appoint, by and with the consent of a majority of all the members elected to the Senate, such officers as the Governor is or may be authorized by this Constitution or by law to appoint. The Governor shall have power to fill all vacancies that may happen during the recess of the Senate, in offices to which the Governor may appoint, except in the offices of Chancellor, Chief Justice and Judges, by granting Commissions which shall expire at the end of the next session of the Senate.

(b) The Governor shall have power to fill all vacancies that may happen in elective offices, except in the offices of Lieutenant Governor and members of the General Assembly, by granting Commissions which shall expire when their successors shall be duly qualified.

(c) In case of vacancy in an elective office, except as aforesaid, a person shall be chosen to the office for the full term at the next general election, unless the vacancy shall happen within 2 months next before such election, in which case the election for the office shall be held at the second succeeding general election.

(d) Unless herein otherwise provided, confirmation by the Senate of officers appointed by the Governor shall be required only where the salary, fees, and emoluments of office shall exceed the sum of $1,500 annually.

History

71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 75 Del. Laws, c. 137 and 76 Del. Laws, c. 11; 77 Del. Laws, c. 415 and 78 Del. Laws, c. 182; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5

Provenance

Source
delcode.delaware.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
0e71a9dbf95e80518083f0425869b7c787245cd9266671a4fdeb182f4628678e
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