Delaware Require Reconfirmation of Executive Officials Amendment (2025)

Delaware Require Reconfirmation of Executive Officials Amendment
Ratification date June 26, 2025
Topic State executive elections
Sponsor State Sen. David Sokola (D-8)

The Delaware Require Reconfirmation of Executive Officials Amendment was approved by the Delaware General Assembly and added to the Delaware Constitution on June 26, 2025.

The amendment requires that members of the governor's cabinet, who were previously appointed to the position and who were to remain in that position after a gubernatorial election, be reconfirmed by the Delaware General Assembly after each gubernatorial election.

Overview

What did this constitutional amendment do?

See also: Text of measure

The amendment requires that members of the governor's cabinet and other executive officials be reconfirmed by the Delaware General Assembly after each gubernatorial election.

In Delaware, officials appointed to the head of executive departments must receive the approval of the state legislature to confirm their appointment. Under the constitutional amendment, those executives must be reconfirmed by the state legislature after each gubernatorial election, even if the incumbent governor won the election and there was no change to their position or office.

The amendment also made some technical changes to the constitution to "conform existing law to the standards of the Delaware Legislative Drafting Manual."

Who supported this constitutional amendment?

See also: The amendment in the Delaware General Assembly

State Sen. David Sokola (D-8) introduced versions of the constitutional amendment to the Delaware General Assembly for their consideration. The legislature unanimously approved the constitutional amendment in both 2024 and 2025.

What officials does the amendment apply to?

The amendment applies to members of the governor's cabinet, which the amendment defines as, "the principal officer of an executive department or the principal officer of an executive department made subject to this Section by an act of the General Assembly."

On September 30, 2024, the Delaware General Assembly passed Senate Bill 16, which took effect on the ratification of this constitutional amendment. That bill included a list of executive offices, of which the principal officer are subject to the reconfirmation requirement:

• The Department of Education.
• The Department of Military Affairs / Delaware National Guard.
• The Office of Management and Budget.
• The Department of Health and Social Services.
• The Department of Natural Resources and Environmental Control.
• The Department of Agriculture.
• The Department of Safety and Homeland Security.
• The Department of Finance.
• The Department of Transportation.
• The Department of Labor.
• The Delaware State Housing Authority.
• The Department of State.
• The Department of Correction.
• The Department of Services for Children, Youth and Their Families.
• The Department of Technology and Information.
• The Department of Human Resources.

Text of measure

Constitutional changes

See also: Article III, Delaware Constitution

The amendment changed Section 10 of Article III of the Delaware Constitution. The following underlined text was added and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

§ 10. Secretary of State; Members of the Governor’s cabinet; confirmation of appointment or reappointment, term, and vacancy; Secretary of State’s duties and compensation.

Section 10.

(a) For purposes of this Section:

(1) “Governor’s term of office” means the entire term of a Governor under Section 5 of this Article, whether or not a Governor serves the entire term.

(2) “Member of the Governor’s cabinet” means the principal officer of an executive department or the principal officer of an executive department made subject to this Section by an act of the General Assembly.

(b) The Governor shall appoint, by and with the consent of a majority of all the members elected to the Senate, members of the Governor’s cabinet who shall serve at the pleasure of the Governor during the Governor’s term of office in which the members of the Governor’s cabinet were appointed.

(c) When a vacancy occurs by expiration of the Governor’s term of office, a member of the Governor’s cabinet may hold over in office until the member of the Governor’s cabinet, or a new appointee, is confirmed and takes the oath of office, but in no event shall a member of the Governor’s cabinet hold over in office for more than 90 days after the expiration of the Governor’s term of office.

(d)

(1) The Governor shall appoint, by and with the consent of a majority of all the members elected to the Senate, a Secretary of State, who shall hold office during the pleasure of the Governor. He or she The Secretary of State shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required by either House of the General Assembly Assembly, lay the same, and all papers, minutes minutes, and vouchers, relative thereto, before such House, and shall perform such other duties as shall be enjoined upon him or her the Secretary of State by law.

(2) He or she The Secretary of State shall have a compensation for his or her service to be fixed by law.

(e) The Secretary of State Except as provided by paragraph (e)(1) of this Section, a member of the Governor’s cabinet shall become a bona fide resident of the this State within six 6 months after his or her appointment; provided, however, that upon appointment.

(1) On good cause shown, the Governor may grant an additional extension of six months. an additional 6 months to become a bona fide resident of this State.

(2) After becoming a resident of the this State, the Secretary a member of the Governor’s cabinet shall continuously be a resident of the State as long as he or she retains office. this State during the member’s term of office.

(3) Failure to obtain or retain such residency shall be an automatic resignation from office. Failure to obtain or retain residency in this State operates as an automatic resignation of office and results in a vacancy in the office.

Full text

The full text of the measure can be found here.

Amending the Delaware Constitution

The Delaware General Assembly has the 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 disseminate the text of the proposed amendment to the general public between 90 and 120 days before the next general election; 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 15 (2025)

State Sen. David Sokola (D-8) introduced the amendment to the state legislature on May 6, 2025. The state Senate passed the amendment on May 20 in a vote of 20-0, with one senator absent. On June 26, the state House passed the amendment in a vote of 40-0.

Partisan Direction Index = 0.0% (Bipartisan)

Democratic Support

100.0%

Republican Support

100.0%

Delaware State Senate

Voted on May 20, 2025

Votes Required to Pass: 14
	Yes	No	NV
Total	20	0	1
Total %	95.2%	0.0%	4.8%
Democratic (D)	14	0	1
Republican (R)	6	0	0

Delaware House of Representatives

Voted on June 26, 2025

Votes Required to Pass: 28
	Yes	No	NV
Total	40	0	0
Total %	100.0%	0.0%	0.0%
Democratic (D)	15	0	0
Republican (R)	6	0	0

Senate Bill 15 (2024)

On April 18, 2024, state Sen. David Sokola (D-8) introduced the amendment to the state legislature. On May 14, the state Senate passed the amendment in a vote of 21-0. On June 25, the state House passed the amendment in a vote of 38-0, with three representatives absent.

Partisan Direction Index = 0.0% (Bipartisan)

Democratic Support

100.0%

Republican Support

100.0%

Delaware State Senate

Voted on May 14, 2025

Votes Required to Pass: 14
	Yes	No	NV
Total	21	0	0
Total %	100.0%	0.0%	0.0%
Democratic (D)	16	0	0
Republican (R)	5	0	0

Delaware House of Representatives

Voted on June 25, 2025

Votes Required to Pass: 28
	Yes	No	NV
Total	38	0	3
Total %	92.7%	0.0%	7.3%
Democratic (D)	27	0	0
Republican (R)	11	0	3

See also

• The Delaware Constitution
• Amending the Delaware Constitution
• State constitutional conventions
• Other constitutional amendments concerning state executive elections

External links

• Delaware General Assembly - Senate Bill 15 (2025)
• Delaware General Assembly - Senate Bill 15 (2024)