GOVERNMENT FOR THE STATE OF DELAWARE PREAMBLE

ARTICLE I. BILL OF RIGHTS

• § 1. Freedom of religion.
• § 2. Religious test for office not required.
• § 3. Free and equal elections.
• § 4. Trial by jury.
• § 5. Freedom of press and speech; evidence in libel prosecutions; jury questions.
• § 6. Searches and seizures.
• § 7. Procedural rights in criminal prosecutions; jury trial; self-incrimination; deprivation of life, liberty, or property.
• § 8. Prosecution by indictment or information; double jeopardy; just compensation for property.
• § 9. Courts shall be open; remedy for injury; suits against State.
• § 10. Suspension of laws by General Assembly.
• § 11. Excessive bail or fines; cruel punishments; health of prisoners.
• § 12. Right to bail; access to accused.
• § 13. Suspension of habeas corpus.
• § 14. Commission of oyer and terminer, or jail delivery.
• § 15. Corruption of blood; forfeiture; descent of suicide's estate.
• § 16. Right of assembly; petition for redress of grievances.
• § 17. Standing army; necessity for legislative consent; subordination of military.
• § 18. Prohibition against quartering soldiers in homes.
• § 19. Hereditary distinctions; holding office during good behavior; offices and titles from foreign states.
• § 20. Right to keep and bear arms.
• § 21. Equal Rights.

ARTICLE II. LEGISLATURE

• § 1. General Assembly to hold legislative power; composition.
• § 2. Composition of House and Senate; terms of office; districts; election.
• § 2A. Additional representative districts.
• § 2B. Delegates to Constitutional Convention.
• § 3. Qualifications of members; commencement of terms of members; continuing residency required.
• § 4. Time and frequency of sessions.
• § 5. Place of meeting.
• § 6. Vacancies; tenure of office of persons elected to fill.
• § 7. President pro tempore, Speaker, and other officers; absence of presiding officers.
• § 8. Each House as judge of elections and qualifications of its members; quorum; adjournments; compelling attendance.
• § 9. Rules; punishment and expulsion of members; scope of powers.
• § 10. Journals; publication; entry of yeas and nays; passage of bills and resolutions.
• § 11. Accessibility to each House and Committees of the Whole.
• § 12. Consent of each House to adjournment.
• § 13. Immunity from arrest and questioning of speeches.
• § 14. Appointment to certain civil offices; holding dual office; having interest in army or navy contract.
• § 15. Compensation, expenses, and allowances of members.
• § 16. Restriction of bills and resolutions to one subject; expression in title; exception.
• § 17. Lotteries and other gambling.
• § 17A. Bingo games; organizations authorized to conduct; submission to referendum; districts; regulation; penalties.
• § 17B. Lotteries not under State control; organizations authorized to conduct; submission to referendum; districts; regulation; penalties.
• § 18. Divorce or alimony.
• § 19. Local or special laws relating to fences, livestock, ditches, school districts, and roads, highways, streets, lanes, or alleys.
• § 20. Disclosure of personal or private interest of legislator in any pending measure.
• § 21. Conviction of crime as ban to public office.
• § 22. Bribery of executive, judicial or legislative officers.
• § 23. Statutes as public laws unless otherwise declared.
• § 24. Settlement of accounts of State Treasurer; ineligibility for legislative office until settlement.
• § 25. Laws permitting zoning ordinances and use of land.

ARTICLE III. EXECUTIVE

• § 1. Governor to be supreme executive.
• § 2. Election of Governor.
• § 3. Election returns, publications; election by General Assembly.
• § 4. Contested elections of Governor or Lieutenant Governor.
• § 5. Term of office.
• § 6. Qualifications.
• § 7. Compensation.
• § 8. Governor as commander-in-chief of state armed forces.
• § 9. Appointing power; recess appointments; confirmation.
• § 10. Members of the Governor’s cabinet; confirmation of appointment or reappointment, term, and vacancy; Secretary of State's duties and compensation.
• § 11. County officers; qualifications; members of Congress, federal employees, and other officers holding dual office.
• § 12. Commissions.
• § 13. Removal of officers by Governor; procedure.
• § 14. Reports from executive departments.
• § 15. Messages to General Assembly.
• § 16. Special sessions of General Assembly; adjournment; special session of Senate.
• § 17. Execution of laws.
• § 18. Approval or veto of bills, orders, resolutions, or votes; repassage over veto.
• § 19. Lieutenant Governor; election, term, and qualifications; President of the Senate; compensation.
• § 20. Vacancy in offices of both Governor and Lieutenant Governor; officers eligible to act; disability of Governor.
• § 21. Election and term of office for certain state officers.
• § 22. Election and term of office of certain county officers; commission.
• § 23. Place of office of certain county officers.
• § 24. Date of commencement of terms of certain State and County elective officers.

ARTICLE IV. JUDICIARY

• § 1. Creation of courts.
• § 2. Justices of Supreme Court and other State Judges; qualifications; residence; precedence.
• § 3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.
• § 4. Compensation of judges; method of payment; receipt of other fees; holding other office.
• § 5. Composition of Superior Court; presiding judge; quorum.
• § 6. Sessions of Superior Court.
• § 7. Jurisdiction of Superior Court.
• § 7A. Jurisdiction of Family Court.
• § 7B. Jurisdiction of Court of Common Pleas.
• § 8. Definitions of particular terms.
• § 9. Jurisdiction of Orphans' Court.
• § 10. Composition and jurisdiction of Court of Chancery; initiation and decisions in causes and proceedings.
• § 11. Jurisdiction of Supreme Court.
• § 12. Composition of Supreme Court; designation of temporary Justices; quorum; opening and adjourning court.
• § 13. Administrative head of courts; supervisory powers; designation of judges to sit.
• § 14. Power of law judges to grant restraining orders and preliminary injunctions.
• § 15. Judges ad litem; limitation and expiration of commission; compensation; persons not disqualified.
• § 16. Scope of jurisdiction and process; costs.
• § 17. Jurisdictional changes by General Assembly; appeals to Supreme Court.
• § 18. Powers of Chancellor, Vice-Chancellors, and Judges.
• § 19. Instructions to jury.
• § 20. Trial by court of issues of fact in civil causes.
• § 21. Amendments in civil pleadings and proceedings by Superior Court; examination of witnesses and parties.
• § 22. Payment into court pending action for debt or damages; costs.
• § 23. Survival of action; executor or administrator as party; continuance.
• § 24. Security for stay of proceedings on appeal or writ of error.
• § 25. Chief Register in Chancery: appointment; powers and duties.
• § 26. Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri facias.
• § 27. Clerk of Supreme Court; term of office and compensation.
• § 28. Criminal jurisdiction of inferior courts and justices of the peace; regulation of jurisdiction; indictment; jury trial; appeals.
• § 29. Justices of the peace; terms of office.
• § 30. Justices of the peace, Chief Magistrate, and judges of legislatively-created courts; appointment by Governor; terms of office.
• § 31. Registers of Wills; depositions of witnesses; process; appeals to Court of Chancery; disqualification of Register for interest.
• § 32. Adjustment and settlement of executors' and administrators' accounts; notice; hearing of exceptions in Court of Chancery; transfer of jurisdiction; appeals.
• § 33. Style of process and public acts; prosecutions in name of State.
• § 34. Continuation in office and designation of certain judicial officers.
• § 34A. Continuation in office and designation of judicial officers of the Family Court and the Court of Common Pleas.
• § 35. Proceedings pending at time of 1951 amendment; books, records, and papers; effect of 1951 amendment on Court of Chancery.
• § 36. Abolition of Orphans' Court; transfer of jurisdiction and powers.
• § 37. Court on the Judiciary.
• § 38. Retired Judges and Justices; temporary assignment.
• § 39. Senior judges.

ARTICLE V. ELECTIONS

• § 1. Time and manner of holding general election.
• § 2. Qualifications for voting; members of the Armed Services of the United States stationed within State; persons disqualified; forfeiture of right.
• § 2A. Residence requirements in case of intrastate removal; election of President and Vice-President of United States; qualifications.
• § 2B. Residence requirements of persons from other states; election of President and Vice-President of United States; qualifications.
• § 3. Influencing voter; loss of vote; challenge; oath and affirmation; perjury.
• § 4. Registration of voters; days for registration; application to strike name from list; appeals; registration as prerequisite for voting.
• § 4A. General laws for absentee voting.
• § 4B. Uniform laws for absentee registration.
• § 5. Electors privileged from arrest; exceptions.
• § 6. Voting machine recording tapes, voting machine certificate, and absentee ballots; delivery to Prothonotary; duties and composition of court; quorum.
• § 7. Election offenses; penalties; self-incrimination.
• § 8. Prosecution for election offenses; procedure; appeal; bond.
• § 9. Enumeration of election offenses as limitation on power of General Assembly.

ARTICLE VI. IMPEACHMENT AND TREASON

• § 1. Impeachment power of House; trial by Senate; oath of Senators; vote; presiding officers.
• § 2. Grounds for impeachment.
• § 3. Treason.

ARTICLE VII. PARDONS

• § 1. Power of Governor; recommendation of Board of Pardons; entry in register and submission to General Assembly.
• § 2. Composition of Board of Pardons.
• § 3. Information from Attorney General on Board's duties.

ARTICLE VIII. REVENUE AND TAXATION

• § 1. Uniformity of taxes; collection under general laws; exemption for public welfare purposes.
• § 2. Revenue bills to originate in House; amendments by Senate; restriction on definition; exclusion of unrelated matter.
• § 3. Borrowing money; specification of purpose; surplus borrowed money.
• § 4. Restrictions on loan of public money or bonds and credit of State.
• § 5. Capitation tax; uniformity; use.
• § 6. Procedure in withdrawal and payment of public moneys; annual publication of receipts and expenditures; limitation upon appropriations.
• § 7. Real estate assessments; inclusion of values.
• § 8. Lending credit, appropriating money to, or investing in any private corporation, person, or company by county or municipality.
• § 9. Retroactive increase of taxation of personal income.
• § 10. Limitation on increase of rate of taxes and license fees; exception to meet obligation under faith and credit pledge; allocation of public moneys to meet such obligation if revenues are not sufficient to meet such pledge.
• § 11. Imposition or levy of new taxes or license fees.
• § 12. The Transportation Trust Fund; use and restrictions.

ARTICLE IX. CORPORATIONS

• § 1. Creation, amendment, renewal or revival by general law; exceptions; revocation or forfeitures of charters; requisites for enactment of corporation laws.
• § 2. Acceptance of Constitution by existing corporations as prerequisite for amendment or renewal of charter.
• § 3. Issuance of stock.
• § 4. Rights, privileges, immunities, and estates.
• § 5. Designation, by foreign corporation, of agent for service of process.
• § 6. Taxation of stock owned by persons or corporations without this State.

ARTICLE X. EDUCATION

• § 1. Establishment and maintenance of free public schools; attendance.
• § 2. Annual appropriations; apportionment; use of funds; other expenses.
• § 3. Use of educational funds by religious schools; exemption of school property from taxation.
• § 4. Use of Public School Fund.
• § 5. Transportation of nonpublic school students.
• § 6. Property tax; use limitations.

ARTICLE XI. AGRICULTURE

• § 1. State Board of Agriculture.
• § 2. Composition of Board; residence of Commissioners; quorum.
• § 3. Appointment of Commissioners by Governor; terms of office; vacancies.
• § 4. Abatement and prevention of diseases of fruit trees, plants, vegetables, cereals, and livestock.
• § 5. Plans for securing immigration of industrious and useful settlers.
• § 6. Compensation of Board members.
• § 7. Duration of Board.

ARTICLE XII.

• § 1. State Board of Health; local boards; powers.

ARTICLE XIII. LOCAL OPTION

• § 1. Submission of liquor question to district electors; election.
• § 2. Designation of districts for purposes of article.
• § 3. Laws for enforcement, manufacture and sale, and penalties.

ARTICLE XIV. OATH OF OFFICE

• § 1. Form of oath for members of General Assembly and public officers.

ARTICLE XV. MISCELLANEOUS

• § 1. Conservators of the peace.
• § 2. Receipt for fees.
• § 3. Costs on bill returned ignoramus or on acquittal.
• § 4. Extension of term of public officer; diminution of salary or emoluments.
• § 5. Officers to hold office until successors qualify.
• § 6. Behavior of officers; removal for misbehavior or infamous crime.
• § 7. Offenses excepted from prohibition against prosecuting by information and jury trial.
• § 8. Interest of member or officer of department in contracts for supplies or services of department prohibited.
• § 9. Prefixing Constitution to codification of laws.
• § 10. Disqualification to hold office by reason of sex.

ARTICLE XVI. AMENDMENTS AND CONVENTIONS

• § 1. Proposal and concurrence of Constitutional amendments in General Assembly; procedure.
• § 2. Constitutional Conventions; procedure; compensation of delegates; quorum; powers and duties; vacancies.
• § 3. Receiving, tallying, and counting votes for or against Convention; return of vote; enabling legislation.
• § 4. Approval of bills or resolutions under this Article; exemption from Section 18 of Article III.
• § 5. Separate ballots on question of Convention.

ARTICLE XVII. CONTINUITY OF GOVERNMENTAL OPERATIONS

• § 1. Continuity of state and local governmental operations in periods of emergency.

SCHEDULE

• § 1. Delivery, filing and publication of enrolled copy of amended Constitution and Schedule.
• § 2. Effective date of amended Constitution.
• § 3. Effect on offices of Senators and Representatives; election.
• § 4. Commencement of terms of members of General Assembly.
• § 5. Date of first general election.
• § 6. Effect on Governor's term.
• § 7. Continuation of elective and appointive offices; election of successors; renewal of official obligations.
• § 8. Date of commencement of terms of elective officers.
• § 9. Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records, and papers.
• § 10. Registers' Court and jurisdiction of justice of the peace unaffected.
• § 11. Payments to certain incumbent judges not reappointed.
• § 12. First biennial session of General Assembly under Constitution.
• § 13. Exceptions to limitations on amount of compensation payable to members of General Assembly and presiding officers.
• § 14. Renewal of existing corporations until enactment of general incorporation law.
• § 15. Guardians' accounts.
• § 16. Terms of office of persons holding office on effective date of Constitution.
• § 17. Vacancies in Board of Pardons.
• § 18. Laws consistent with Constitution not affected.
• § 19. Enabling legislation.