Delaware Expand Circumstances for Emergency Powers Amendment (2018)
| Delaware Expand Circumstances for Emergency Powers Amendment | |
|---|---|
 | |
| Ratification date June 26, 2018 | |
| Topic Government continuity policy | |
| Sponsor State Rep. Peter Schwartzkopf (D-14) |
The Delaware Expand Circumstances for Emergency Powers Amendment was approved by the Delaware General Assembly and added to the Delaware Constitution on June 26, 2018.
The amendment added terrorism, disease, accident, natural disasters, and man-made disasters to the list of circumstances that permit the government to exercise emergency powers.
Overview
What did this constitutional amendment do?
- See also: Text of measure
The amendment added terrorism, disease, accident, natural disasters, and man-made disasters to the list of circumstances that would permit the state legislature to meet outside of Dover. Additionally, it permits state and local governments to exercise emergency powers under circumstances of enemy attack, terrorism, disease, accident, natural disasters, and man-made disasters. Before the amendment, the state and local governments were only able to exercise those powers if there was a period of emergency brought on by an enemy attack.[1]
Who supported this constitutional amendment?
State Rep. Peter Schwartzkopf (D-14) introduced the constitutional amendment to the Delaware General Assembly for their consideration. The legislature approved both versions of the amendment with a Bipartisan Partisan Directional Index.
Text of measure
Constitutional changes
- See also: Delaware Constitution
The amendment changed Article II, Section 5 of the Delaware Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
§ 5. Place of meeting.
Section 5. 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 periods of emergency resulting from enemy attack, terrorism, disease, accident, or other natural or man-made disaster the General Assembly may temporarily meet and sit elsewhere.[2]
The amendment also changed Article XVII, Section 1 of the Delaware Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
§ 1. Continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack.
Section 1. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, terrorism, disease, accident, or other natural or man made disaster, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices whose immediate succession is not otherwise provided for in by this Constitution, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations. In the exercise of the powers hereby conferred conferred by this section, the General Assembly shall in all respects conform to the requirements of this Constitution except to the extent that in the judgment of the General Assembly so to do to do so would be impracticable or would admit of cause undue delay.[2]
Full text
The full text of the measure can be found here.
Amending the Delaware Constitution
The Delaware General Assembly has the sole and complete authority to amend the state constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:
- two-thirds of all the members elected to each chamber must vote in favor of a proposed amendment;
- the Delaware Secretary of State must then publish the proposed amendment three months prior to the next general election in at least three newspapers in each county; and
- the subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The amendment in the Delaware General Assembly
House Bill 410 (2018)
State Rep. Peter Schwartzkopf (D-14) introduced the amendment to the state legislature on May 8, 2018. The state House passed the amendment on June 16 in a vote of 40-0, with one representative not voting. On June 26, the state Senate passed the amendment in a vote of 21-0.[3]
| Votes Required to Pass: 28 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 40 | 0 | 1 |
| Total % | 97.6% | 0.0% | 2.4% |
| Democratic (D) | 24 | 0 | 1 |
| Republican (R) | 16 | 0 | 0 |
| Votes Required to Pass: 14 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 21 | 0 | 0 |
| Total % | 100.0% | 0.0% | 0.0% |
| Democratic (D) | 11 | 0 | 0 |
| Republican (R) | 10 | 0 | 0 |
House Bill 380 (2016)
On May 10, 2016, state Rep. Peter Schwartzkopf (D-14) introduced the amendment to the state legislature as House Bill 380. On May 19, the state House passed the amendment in a vote of 37-0, with four representatives not voting. On June 30, the state Senate passed the amendment in a vote of 19-0, with two senators not voting.[4]
| Votes Required to Pass: 28 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 37 | 0 | 4 |
| Total % | 90.2% | 0.0% | 9.8% |
| Democratic (D) | 24 | 0 | 1 |
| Republican (R) | 13 | 0 | 3 |
| Votes Required to Pass: 14 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 19 | 0 | 2 |
| Total % | 90.5% | 0.0% | 9.5% |
| Democratic (D) | 11 | 0 | 1 |
| Republican (R) | 8 | 0 | 1 |
See also
- The Delaware Constitution
- Amending the Delaware Constitution
- State constitutional conventions
- Other constitutional amendments concerning Government continuity policy
External links
Footnotes
- ↑ 1.0 1.1 1.2 Delaware State Legislature, "House Bill 410 Text," accessed October 15, 2025
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source.
- ↑ Delaware General Assembly, "House Bill 410," accessed October 15, 2025
- ↑ Delaware General Assembly, "House Bill 380," accessed October 15, 2025
