Delaware Increase Length of Terms for Reappointed Justices of the Peace Amendment (2013)

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Delaware Increase Length of Terms for Reappointed Justices of the Peace Amendment
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Ratification date
March 26, 2013
Topic
State judicial selection
Sponsor
State Sen. Patricia Blevins (D-7)

The Delaware Increase Length of Terms for Reappointed Justices of the Peace Amendment was approved by the Delaware General Assembly and added to the Delaware Constitution on March 26, 2013.

The amendment changed the term lengths for Justices of the Peace.

Overview

What did this constitutional amendment do?

See also: Text of measure

The amendment changed the term lengths for Justice of the Peace, allowing them to serve longer terms after completing their first four-year term.[1] Under the amendment, if a Justice of the Peace completes their term and is reappointed and reconfirmed, their second and third terms last for six years instead of four. If the same Justice of the Peace is reappointed and reconfirmed for more than three terms, their fourth and subsequent terms each last for eight years.

Who supported this constitutional amendment?

See also: The amendment in the Delaware General Assembly

State Sen. Patricia Blevins (D-7) 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 replaced Section 29 of Article IV of the Delaware Constitution. The following underlined text was added:[1]

Note: Hover over the text and scroll to see the full text.

Section 29. There shall be appointed, as hereinafter provided, such number of persons to the Office of the Justice of the Peace as directed by law, who shall be commissioned as follows:

(a) Upon first appointment and confirmation, a Justice of the Peace shall be commissioned for four (4) years:
(b) Upon second or third appointment and confirmation, a Justice of the Peace shall be commissioned for six (6) years:
(c) Upon fourth or subsequent appointments and confirmation, a Justice of the Peace shall be commissioned for eight (8) years.[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

Senate Bill 5 (2013)

State Sen. Patricia Blevins (D-7) introduced the amendment to the state legislature on January 15, 2013. The state Senate passed the amendment on March 12 in a vote of 17-0, with four senators not voting. On March 26, the state House passed the amendment in a vote of 37-0, with four representatives not voting.[3]


Partisan Direction Index = 0.0% (Bipartisan)
Democratic Support
100.0%
Republican Support
100.0%
Delaware State Senate
Voted on March 12, 2013
Votes Required to Pass: 14
YesNoNV
Total1704
Total %81.0%0.0%19.0%
Democratic (D)1300
Republican (R)404
Delaware House of Representatives
Voted on March 26, 2013
Votes Required to Pass: 28
YesNoNV
Total3704
Total %90.2%0.0%9.8%
Democratic (D)2502
Republican (R)1202

Senate Bill 37 (2011)

On March 29, 2011, state Sen. Patricia Blevins (D-7) introduced the amendment to the state legislature as Senate Bill 37. On May 31, the state Senate passed the amendment in a vote of 19-1, with one senator not voting. On June 23, the state House passed the amendment in a vote of 41-0.[4]


Partisan Direction Index = -4.8% (Bipartisan)
Democratic Support
100.0%
Republican Support
95.2%
Delaware State Senate
Voted on May 31, 2011
Votes Required to Pass: 14
YesNoNV
Total1911
Total %90.5%4.7%4.7%
Democratic (D)1400
Republican (R)511
Delaware House of Representatives
Voted on June 23, 2011
Votes Required to Pass: 28
YesNoNV
Total4100
Total %100.0%0.0%0.0%
Democratic (D)2600
Republican (R)1500

See also

State Constitutions Ballotpedia.png

External links

Footnotes