Delaware State Senate

Delaware State Senate
General Information
Party control:	Democrat
Session start:	January 9, 2024
Session end:	June 30, 2024
Term length:	2-4-4 year system
Term limits:	None
Redistricting:	Legislature-dominant
Salary:	$45,291/year
Members
Total:	21
Democrats:	15
Republicans:	6
Other:	0
Vacancies:	0
Leadership
President:	Bethany Hall-Long (D)
Maj. Leader:	Bryan Townsend (D)
Min. Leader:	Gerald Hocker (R)
Elections
Last election:	November 8, 2022
Next election:	November 5, 2024

The Delaware State Senate is the upper chamber of the Delaware State Legislature. Alongside the Delaware House of Representatives, it forms the legislative branch of the Delaware state government and works alongside the governor of Delaware to create laws and establish a state budget. Legislative authority and responsibilities of the Delaware State Senate include passing bills on public policy matters, setting levels for state spending, raising and lowering taxes, and voting to uphold or override gubernatorial vetoes.

The Delaware State Senate meets in the state capitol building in Dover, Delaware.

A total of 10 of 21 state Senate seats are up for election in 2024.

All 21 seats in the Delaware State Senate were up for election in 2022. The chamber's Democratic majority increased from 14-7 to 15-6.

Delaware has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.

This page contains the following information on the Delaware State Senate.

• Which party controls the chamber
• The chamber's current membership
• Partisan control of the chamber over time
• Elections in the chamber and how vacancies are filled
• A district map
• How redistricting works in the state
• Legislation currently under consideration
• Legislative session dates
• Legislative procedures, such as veto overrides and the state budget process
• A list of committees

Party control[edit]

Current partisan control[edit]

The table below shows the partisan breakdown of the Delaware State Senate as of September 2024:

Party		As of September 2024
	Democratic Party	15
	Republican Party	6
	Other	0
	Vacancies	0
Total		21

Members[edit]

Leadership[edit]

The lieutenant governor is the presiding officer of the Senate, while the president pro tempore is charged with overseeing the operations of the Senate, including appointing committees and assigning legislation to committees.^[1]

Leadership and members[edit]

• Senate president: Bethany Hall-Long (D)
• Senate president pro tempore: David Sokola (D)
• Majority leader: Bryan Townsend (D)
• Minority leader: Gerald Hocker (R)

Salaries[edit]

See also: Comparison of state legislative salaries

State legislative salaries, 2024[2]
Salary	Per diem
$50,678/year	No per diem is paid.

Swearing in dates[edit]

See also: When state legislators assume office after a general election

Delaware legislators assume office ​the first Wednesday after the first Monday in November (the day after election day).^[3]

Membership qualifications[edit]

See also: State legislature candidate requirements by state

Article II, Section 3 of the Delaware Constitution states: "No person shall be a Senator who shall not have attained the age of twenty-seven years and have been a citizen and inhabitant of the State three years next preceding the day of his or her election and the last year of that term an inhabitant of the Senatorial District in which he or she shall be chosen, unless he or she shall have been absent on the public business of the United States or of this State."^[4]

Historical party control[edit]

Democrats won control of the Delaware State Senate in 1974. In 2022, they won a 15-6 majority.

The table below shows the partisan history of the Delaware Senate following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

Delaware State Senate election results: 1992-2022

Year	'92	'94	'96	'98	'00	'02	'04	'06	'08	'10	'12	'14	'16	'18	'20	'22
Democrats	15	12	15	13	13	13	13	13	16	14	13	12	11	12	14	15
Republicans	6	9	6	8	8	8	8	8	5	7	8	9	10	9	7	6

Before 1992[edit]

From the 1920s through the 1950s, the Delaware Senate was competitive and it often switched partisan control. Starting in 1954, Democrats gained a majority in the chamber and did not lose it until the chamber split 9-9 between the parties in 1966. Republicans won control in the next three elections before losing to the Democrats in 1974. In the years following 1974, Democrats usually held more than 13 seats, the margin needed for a three-fifths majority capable of overriding gubernatorial vetoes.

Trifecta history[edit]

A state government trifecta is a term that describes single party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. Between 1992 and 2023, Delaware was under the following types of trifecta control:

• Democratic trifecta: 2009-2023
• Republican trifecta: None
• Divided government: 1992-2008

Delaware Party Control: 1992-2024
Sixteen years of Democratic trifectas  •  No Republican trifectas
Scroll left and right on the table below to view more years.

Year	92	93	94	95	96	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
Governor	R	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D
Senate	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D
House	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D

Elections[edit]

Elections by year[edit]

Delaware state senators serve 2-4-4 terms, where senators serve one two-year term and two four-year terms each decade. Delaware holds elections for its legislature in even years.

2026[edit]

See also: Delaware State Senate elections, 2026

Elections for the Delaware State Senate will take place in 2026. The general election is on November 3, 2026.

2024[edit]

See also: Delaware State Senate elections, 2024

Elections for the Delaware State Senate will take place in 2024. The general election is on November 5, 2024. The primary was September 10, 2024. The filing deadline was July 9, 2024.

2022[edit]

See also: Delaware State Senate elections, 2022

Elections for the Delaware State Senate took place in 2022. The general election was on November 8, 2022. A primary was scheduled for September 13, 2022. The filing deadline was July 12, 2022.

In the 2022 elections, Democrats increased their majority in the Delaware State Senate from 14-7 to 15-6.

Delaware State Senate
Party		As of November 8, 2022	After November 9, 2022
	Democratic Party	14	15
	Republican Party	7	6
Total		21	21

2020[edit]

See also: Delaware State Senate elections, 2020

Elections for the office of Delaware State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for September 15, 2020. The filing deadline was July 14, 2020. Heading into the 2020 general election, there were 12 Democrats and nine Republicans in the chamber. Democrats increased their majority to 14 Democrats and seven Republicans in the election.

Delaware State Senate
Party		As of November 3, 2020	After November 4, 2020
	Democratic Party	12	14
	Republican Party	9	7
Total		21	21

2018[edit]

See also: Delaware State Senate elections, 2018

Elections for the Delaware State Senate took place in 2018. A closed primary election took place on September 6, 2018. The general election was held on November 6, 2018. The major party candidate filing deadline was July 10, 2018.^[5]

In the 2018 elections, Democrats increased their majority in the Delaware State Senate from 11-10 to 12-9.

Delaware State Senate
Party		As of November 6, 2018	After November 7, 2018
	Democratic Party	11	12
	Republican Party	10	9
Total		21	21

2017[edit]

See also: Delaware state legislative special elections, 2017

Partisan control of the Delaware State Senate was on the line in the February 25, 2017, special election, as Democrats and Republicans battled to establish a one-member majority in the chamber. In the November 2016 general election, Democrats’ 12-to-nine majority in the Senate shrunk to 11 to 10, as Republican Anthony Delcollo defeated Democratic Senate President Patricia Blevins in District 7, 50.5 to 49.5 percent. The partisan balance then became deadlocked at 10 to 10 after Democratic Sen. Bethany Hall-Long vacated her District 10 seat to become Delaware’s lieutenant governor. In the Delaware Senate, the lieutenant governor has the power of casting tie-breaking votes, giving Democrats a narrow majority in the interim between Hall-Long’s resignation and the swearing-in of her successor. Democrat Stephanie Hansen's victory in the special election allowed Democrats to regain an 11 to 10 majority in the Senate and to defend their trifecta in the state.

Partisan control of Delaware State Senate
Party	Before the vacancy	Leading up to the election	After the election*
Democratic Party	11	10	11
Republican Party	10	10	10
Vacancy	0	1	0

*Note: The After the election column reflects the partisan balance of the chamber based on the special election's results.

2016[edit]

See also: Delaware State Senate elections, 2016

Elections for the Delaware State Senate took place in 2016. The primary election took place on September 13, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was July 12, 2016.

A total of 11 seats out of the 21 seats in the Delaware State Senate were up for election in 2016. Republicans gained one seat in the chamber after the November 2016 election. Democrats lost an additional seat when state Sen. Bethany Hall-Long (D) won election in the lieutenant governor's race, leaving the chamber split 10 to 10. A special election to fill the vacancy left by Hall-Long took place on February 25, 2017. The race for Hall-Long's District 10 seat in 2014 was competitive, with a 2.2 percent margin of victory. Read more about the special election on February 25, 2017, here.

Delaware State Senate
Party		As of November 7, 2016	After November 8, 2016
	Democratic Party	12	11[6]
	Republican Party	9	10
	Vacancy	0	0
Total		21	21

Click [show] to see election information dating back to 2000

2014[edit] See also: Delaware State Senate elections, 2014 Elections for the Delaware State Senate took place in 2014. A primary election took place on September 9, 2014. The general election was held on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was July 8, 2014. Ten seats were up for election in 2014. Heading into the election, Democrats held a 13-8 majority. Democrats lost one seat in the election, giving them a 12-9 majority. Delaware State Senate Party As of November 3, 2014 After November 4, 2014      Democratic Party 13 12      Republican Party 8 9 Total 21 21 2012[edit] See also: Delaware State Senate elections, 2012 Elections for the office of Delaware State Senate took place in 2012. The primary election was held on September 11, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was July 10, 2012. A total of 21 seats were up for election. Although Delaware senators typically serve four-year terms, they are elected to a two-year term during the first election of the decade. Thus, rather than only half of all senators being up for election, all sitting members were on the ballot in November. Heading into the election, Democrats held a 14-7 majority. Democrats lost one seat in the election, giving them a 13-8 majority. Delaware State Senate Party As of November 5, 2012 After the 2012 Election      Democratic Party 14 13      Republican Party 7 8 Total 21 21 The table below details the 10 districts with the smallest margin of victory in the November 6 general election in 2012. 2012 Margin of Victory, Delaware State Senate District Winner Margin of Victory Total Votes Top Opponent District 15 Dave Lawson 2.9% 18,875 Kathleen Cooke District 4 Gregory Lavelle 3.3% 23,568 Michael Katz District 5 Catherine Cloutier 12.4% 22,974 Christopher Counihan District 21 Robert Venables 12.9% 16,031 Bryant Richardson District 6 Ernesto Lopez 13.4% 24,241 Andrew Staton District 19 Brian Pettyjohn 19.6% 16,422 Jane Hovington District 8 David Sokola 21.4% 16,634 William Stritzinger District 12 Nicole Poore 22% 21,355 Dorinda Connor District 14 Bruce Ennis 22.2% 19,683 Scott Unruh District 20 Gerald Hocker 35.9% 21,026 Richard Eakle 2010[edit] See also: Delaware State Senate elections, 2010 Elections for the office of Delaware State Senate took place in 2010. The primary election was held on September 14, 2010, and the general election was held on November 2, 2010. The primary nomination process for candidates wishing to run in these elections was to gain the party's nomination at state conventions held by the state's two major political parties in May. Candidates wishing to run as independents could submit nominating signatures up through July 30. The candidate filing deadline was June 11, 2010. Senate seats in ten of Delaware's 21 districts were up for election in 2010. Races were held in Districts 1, 5, 7, 8, 9, 12, 13, 14, 15, 19 and 20. Heading into the election, Democrats held a 15-6 majority. Democrats lost one seat in the election, giving them a 14-7 majority. Delaware State Senate Party As of November 1, 2010 After the 2010 Election      Democratic Party 15 14      Republican Party 6 7 Total 21 21 In 2010, the total amount of contributions raised in senate campaigns was $643,813. The top 10 overall contributors were:[7] 2010 Donors, Delaware State Senate Donor Amount Bodenweisser, Eric R $26,000 Friends to Elect Joe Booth State Representative $23,832 Moritz, John A $23,295 Bunting Jr., George H $11,500 Booth, Joseph W $10,000 Cullis, Fred $6,800 Delaware Racing Association $6,600 Delaware Association of Realtors $5,450 Delaware Trial Lawyers Association $4,800 Astrazeneca $4,600 2008[edit] See also: Delaware State Senate elections, 2008 Elections for the office of Delaware State Senate consisted of a primary election on September 9, 2008, and a general election on November 4, 2008. During the 2008 election, the total value of contributions to Senate candidates was $1,296,843. The top 10 contributors were:[8] 2008 Donors, Delaware State Senate Donor Amount Downes, Gary $20,000 Bonini, Colin J $19,800 Delaware Republican Party $17,000 Abbott, Richard L $16,640 Mackenzie, John $11,507 Clatworthy, John D $11,309 Delaware Democratic Party $10,110 Cmte to Re-elect David Mcbride $8,594 Carpenters & Joiners Local 626 $6,000 Stafford, Harold E $5,675 2006[edit] See also: Delaware State Senate elections, 2006 Elections for the office of Delaware State Senate consisted of a primary election on September 12, 2006, and a general election on November 7, 2006. During the 2006 election, the total value of contributions to Senate candidates was $1,144,623. The top 10 contributors were:[9] 2006 Donors, Delaware State Senate Donor Amount Feroce, John $ Delaware Republican Party $ Potter Jr, Charles $ Allsopp, Barbara J $ Delaware Education Association $ Delaware Association of Realtors $ Delaware Chiropractic Society $ Delaware Automobile & Truck Dealers Association $ Artesian Water $ Plumbers & Pipefitters Local 74 $ 2004[edit] See also: Delaware State Senate elections, 2004 Elections for the office of Delaware State Senate consisted of a primary election on September 11, 2004, and a general election on November 2, 2004. During the 2004 election, the total value of contributions to Senate candidates was $963,920. The top 10 contributors were:[10] 2004 Donors, Delaware State Senate Donor Amount Savage, F Thomas $30,767 Delaware Racing Association $10,650 Delaware Republican Party $9,000 Optometry Eye PAC $6,200 Testerman, James B $5,665 Altria $5,400 Delaware Chiropractic Society $5,275 Delaware Automobile & Truck Dealers Association $5,100 Delaware Democratic Party $5,000 Delaware Association of Realtors $4,250 2002[edit] See also: Delaware State Senate elections, 2002 Elections for the office of Delaware State Senate consisted of a primary election on September 7, 2002, and a general election on November 5, 2002. During the 2002 election, the total value of contributions to Senate candidates was $1,485,767. The top 10 contributors were:[11] 2002 Donors, Delaware State Senate Donor Amount Copeland, Charles L (Charlie) $43,200 Burton Sr, John S $32,000 New Castle County Democratic Cmte $16,000 Schaeffer, Mark & Ruby $13,100 Mbna Corp $10,500 Schaeffer, Mark G & Ruby K $10,000 Delaware Association of Realtors $9,395 First State Manufactured Housing Association $9,025 Davis, Paul $8,876 Delaware Racing Association $8,400 2000[edit] See also: Delaware State Senate elections, 2000 Elections for the office of Delaware State Senate consisted of a primary election on September 9, 2000, and a general election on November 7, 2000. During the 2000 election, the total value of contributions to Senate candidates was $908,155. The top 10 contributors were:[12] 2000 Donors, Delaware State Senate Donor Amount Welsh, Paul $100,000 Delaware Democratic Party $30,000 Hocker, Gerald $25,400 Mcginchey, William V $22,631 Delaware Republican Party $13,386 Delaware Trial Lawyers Association $6,000 Nonpartisan Citizens for Business Expansion $5,660 Medical Society of Delaware $5,200 Wilmington Police & Fire Pension Task Force $5,200 Delaware State Dental Society $5,100

Vacancies[edit]

See also: How vacancies are filled in state legislatures

If there is a vacancy in the Delaware General Assembly, the presiding officer of the house in which the vacancy happens must call for a special election within 10 days of the creation of the vacancy. The election must be called for no less than 30 days but no more than 35 days after the writ for the special election has been issued. The governor may issue a writ if the legislature is not in session.^[13]

See sources: Delaware Code Ann. tit. 15, § 7101

District map[edit]

See also: Delaware state legislative districts

The state of Delaware has 21 Senate districts. Each district elects one senator.

Use the interactive map below to find your district.

Redistricting[edit]

See also: Redistricting in Delaware

Because Delaware has only one congressional district, congressional redistricting is not necessary. The state legislature draws state legislative district lines. The governor may veto the lines drawn by the state legislature.^[14][15]

State law requires that state legislative districts be "insofar as possible, contiguous and bounded by roads, streams and other natural boundaries." Further, state law stipulates that district lines "may not be drawn to unduly favor any person or political party." Because these requirements are statutory, the legislature may amend them at its discretion.^[14][15]

2020[edit]

See also: Redistricting in Delaware after the 2020 census

On November 2, 2021, Gov. John Carney (D) signed Senate Bill 199 into law, enacting the state's new House and Senate district lines.^[16] The Delaware General Assembly previously approved the final House and Senate map proposals on November 1, 2021.^[17] The Delaware House of Representatives voted 40-1 in favor of the maps with state Rep. Michael Smith (R) voting against it. The Delaware State Senate approved the maps along party lines with all 14 Democrats in favor and all seven Republicans against.^[17] These maps took effect for Delaware's 2022 legislative elections.

District map before and after 2020 redistricting[edit]

Below is the state Senate map in effect before and after the 2020 redistricting cycle.

2010[edit]

See also: Redistricting in Delaware after the 2010 census

Delaware received its 2010 census data on March 1, 2011. The state population increased by over 115,000 (nearly 15%) from 2000-2010, growing to over 900,000 residents.^[18] According to the Delaware Population Consortium, there was a large shift to the southern part of the state, with Sussex County growing by 25% while New Castle County experienced 7% growth.^[19]

On May 17, 2011, the minority caucus of Republicans in the House released their proposal for the state's 41 districts. On May 19, House Democrats released their proposed redistricting map. A public hearing was held on May 26 at 7 p.m.^[20] The House passed its redistricting map on June 28, 2011, on a party-line vote.^[21] The Senate map was approved on June 30, 2011, by a 15-6 vote. Two districts were merged in the northern part of the state in order to make room for a new southern district.^[22][23]

Sessions[edit]

Legislation[edit]

The legislation tracker below displays all legislation that the Delaware State Senate has approved in its most recent legislative session—this includes legislation that has been sent from the Senate to the House and legislation that has already been approved by both chambers and signed by the governor. The table below includes the bill number, its name, progress, most recent action date, and sponsor. Scroll up and down and side to side to see more. Click the bill number to read the bill text and see its voting history. Click the headings to sort the content. Rearrange the order of the headings by clicking and dragging them. Click the magnifying glass in the bottom left corner to search for specific terms. The legislation tracker is maintained and updated by BillTrack50.

Dates of legislative sessions in Delaware by year[edit]

2024[edit]

See also: 2024 Delaware legislative session and Dates of 2024 state legislative sessions

In 2024, the legislature was scheduled to convene on January 9, 2024, and adjourn on June 30, 2024.

2023[edit]

See also: 2023 Delaware legislative session and Dates of 2023 state legislative sessions

In 2023, the legislature was scheduled to convene on January 10, 2023, and adjourn on June 30, 2023.

Click [show] for past years' session dates.

2022[edit] See also: 2022 Delaware legislative session and Dates of 2022 state legislative sessions In 2022, the legislature was scheduled to convene on January 11, 2022, and adjourn on June 30, 2022. 2021[edit] See also: 2021 Delaware legislative session and Dates of 2021 state legislative sessions In 2021, the legislature was scheduled to convene on January 12, 2021, and adjourn on June 30, 2021. 2020[edit] See also: 2020 Delaware legislative session and Dates of 2020 state legislative sessions In 2020, the legislature was scheduled to convene on January 14, 2020, and adjourn on June 30, 2020. Effect of coronavirus pandemic[edit] See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020 Coronavirus pandemic Select a topic from the dropdown below to learn more. Political responses overviewState reopening plansDocumenting America's Path to RecoveryElection changesChanges to vote-by-mail and absentee voting proceduresFederal responsesState responsesState executive ordersStay-at-home ordersMultistate agreementsNon-governmental reopening plansEvictions and foreclosures policiesTravel restrictionsEnacted state legislationState legislative session changesSchool closuresState court closuresInmate releasesLocal government responsesDiagnosed or quarantined politiciansBallot measure changesArguments about government responsesThe 1918 influenza pandemicPandemic Response Accountability CommitteeUnemployment filingsLawsuitsBallotpedia's polling on the coronavirus pandemicSubmit Several state legislatures had their sessions impacted as a result of the 2020 coronavirus pandemic. The Delaware State Legislature suspended its session, effective March 18, 2020, through May 26, 2020. The suspension was initially scheduled to last through March 24, 2020. The legislature adjourned on June 30, 2020.[24][25][26] 2019[edit] See also: 2019 Delaware legislative session and Dates of 2019 state legislative sessions In 2019, the legislature was in session from January 8, 2019, through June 30, 2019. 2018[edit] See also: 2018 Delaware legislative session and Dates of 2018 state legislative sessions In 2018, the legislature was in session from January 9, 2018, through June 30, 2018. To read about notable events and legislation from this session, click here. 2017[edit] See also: Dates of 2017 state legislative sessions and Potential government shutdowns In 2017, the legislature was in session from January 10, 2017, through June 30, 2017. The legislature held a special session on July 2. On the morning of July 3, 2017, Delaware Gov. John Carney (D) signed into law a budget passed by the Legislature on July 2, 2017. The state began the 2018 fiscal year without an annual budget in place and was one of six states Ballotpedia tracked in 2017 that were on the verge of a partial government shutdown or the implementation of spending cuts to nonessential government services. The Legislature passed a temporary funding package on July 1, 2017, in order to avoid a partial government shutdown. Delaware’s budget debate throughout the 2017 regular session centered largely on Democratic proposals to raise the personal income tax rate and Republican proposals to alter the state’s prevailing wage laws—neither of which ultimately made it into the final budget. Lawmakers agreed to a series of tax increases on real estate sales, alcohol, and cigarettes in order to address a projected $390 million shortfall.[27][28] 2016[edit] See also: Dates of 2016 state legislative sessions In 2016, the legislature was in session from January 12 through July 1. 2015[edit] See also: Dates of 2015 state legislative sessions In 2015, the legislature was in session from January 13 through June 30. Major issues in 2015[edit] Major issues in the 2015 legislative session included the annual budget, adding e-cigarettes to the Clean Indoor Air Act, and gun control.[29] 2014[edit] See also: Dates of 2014 state legislative sessions In 2014, the legislature was in session from January 14 through July 1. Major issues in 2014[edit] Major issues in the 2014 legislative session included raising the minimum wage, gun control, the 2015 budget, campaign finance, and the economy.[30] 2013[edit] See also: Dates of 2013 state legislative sessions In 2013, the legislature was in session from January 8 to July 1. Major issues in 2013[edit] Major issues in the 2013 legislative session included gun control, gay marriage, and budgetary problems.[31] 2012[edit] See also: Dates of 2012 state legislative sessions In 2012, the legislature was in session from January 10 through June 30. Major issues[edit] Legislators focused more on economic rather than social issues this session, including reforms to Medicaid and addressing the budget deficit.[32] 2011[edit] See also: Dates of 2011 state legislative sessions In 2011, the legislature was in session from January 11 through June 30. Session highlights[edit] State employee benefit cuts[edit] Governor Jack Markell's (D) plan to cut public employee pension and health benefits received overwhelming support from officials within his administration, legislators and even public employee union officials. Markell's proposal, which became law on May 2, 2011, requires new state employees to pay 5% of their salary after the first $6,000 towards their pension, rather than 3%. It also eliminates the use of overtime when calculating pensions and the "double state share" health care benefit. According to the governor's office, the plan would save Delaware taxpayers $130 million over the next five years and $480 million over the next fifteen.[33][34] 2010[edit] See also: Dates of 2010 state legislative sessions In 2010, the legislature was in session from January 12th to June 30th.

About legislative sessions in Delaware[edit]

The Tenth Amendment of the U.S. Constitution declares that any power not already given to the federal government is reserved to the states and the people.^[35] State governments across the country use this authority to hold legislative sessions where a state's elected representatives meet for a period of time to draft and vote on legislation and set state policies on issues such as taxation, education, and government spending. The different types of legislation passed by a legislature may include resolutions, legislatively referred constitutional amendments, and bills that become law.

Article II of the Delaware Constitution establishes when the Delaware General Assembly, of which the Senate is a part, is to be in session. Section 4 of Article II states that the General Assembly is to convene on the second Tuesday of January of each calendar year, and it is not to extend beyond 5:00 p.m. on the last day of June.^[36]

Section 4 also allows the General Assembly to be convened into special session by the Governor of Delaware or by the mutual call of the presiding officers of both Houses.

Legislative roles and procedures[edit]

Every state legislature throughout the country features its own internal procedures that it uses to govern itself and how it interacts with other parts of state government. Ballotpedia's coverage of internal state legislative procedures includes veto overrides, the role of the legislature in the state budget, and procedures for filling membership vacancies.

Veto overrides[edit]

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in Delaware are listed below.

How many legislators are required to vote for an override? Three-fifths of members in both chambers.

Three-fifths of members in both chambers must vote to override a veto, which is 25 of the 41 members in the Delaware House of Representatives and 13 of the 21 members in the Delaware State Senate. Delaware is one of seven states that requires a three-fifths vote from both of its legislative chambers to override a veto.

How can vetoes be overridden after the legislature has adjourned?

Vetoes can be overridden when the next regular session convenes.[37]

Authority: Article III, Section 18 of the Delaware Constitution.

"Every bill which shall have passed both Houses of the General Assembly shall, before it becomes law, be presented to the Governor; if he or she approves, he or she shall sign it; but if he or she shall not approve, he or she shall return it with his or her objections to the House in which it shall have originated, which House shall enter the objections at large on the journal and proceed to reconsider it. If, after such reconsideration, three-fifths of all the members elected to that House shall agree to pass the bill, it shall be sent together with the objections to the other House, by which it shall likewise be reconsidered, and if approved by three-fifths of all the members elected to that House, it shall become a law; but in neither House shall the vote be taken on the day on which the bill shall be returned to it."

Role in state budget[edit]

See also: Delaware state budget and finances

Delaware on

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The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:^[38]

1. In July, the governor sends budget instructions to state agencies.
2. In October, agencies submit their budget requests to the governor.
3. Budget hearings are held with the public in November.
4. On or before February 1, the governor submits his or her proposed budget to the state legislature.
5. The legislature must pass a budget with a simple majority by June 30. The fiscal year begins on July 1.

The governor is statutorily required to submit a balanced budget to the legislature. In turn, the legislature must pass a balanced budget, and any budget signed into law by the governor must be balanced.^[38]

Delaware is one of 44 states in which the governor has line item veto authority.^[38][39]

Delaware maintains two major governmental funds: the General Fund and the Special Fund. Within the Special Fund, there are four category types: Appropriated Special Funds (ASF), Non-appropriated Special Funds (NSF), Federal Funds, and Bond Funds.^[40]

Committees[edit]

See also: List of committees in Delaware state government

Every state legislature and state legislative chamber in the country contains several legislative committees. These committees are responsible for studying, amending, and voting on legislation before it reaches the floor of a chamber for a full vote. The different types of committees include standing committees, select or special, and joint.

• Standing committees are generally permanent committees, the names of which sometimes change from session to session.
• Select or special committees are temporary committees formed to deal with specific issues such as recent legislation, major public policy or proposals, or investigations.
• Joint committees are committees that feature members of both chambers of a legislature.

Ballotpedia covers standing and joint committees. The Delaware State Senate has t 16 standing committees:

Constitutional amendments[edit]

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the Delaware Constitution can be amended:

See also: Article XVI of the Delaware Constitution and Laws governing ballot measures in Delaware

Article XVI of the Delaware Constitution defines two mechanisms by which the Delaware Constitution can be amended—a legislative process, and a state constitutional convention. Delaware does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.

Legislature[edit]

The Delaware General Assembly can amend the 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 can vote in favor of a proposed amendment.
• The Delaware Secretary of State then must publish the proposed amendment(s) three months prior to the next general election in at least three newspapers in each county.
• 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.

Convention[edit]

The state's constitution can also be amended through a constitutional convention.

• By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can go on a statewide ballot. If a simple majority of those voting on the question vote "yes," then there will be a convention.

2022 measures:

See also: 2022 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

2021 measures:

Below is a list of measures that were referred to the 2021 ballot by the legislature.

See also: 2021 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

See also[edit]

Elections	Delaware State Government	State Legislatures	State Politics
Delaware State Senate elections, 2024 Delaware State Senate elections, 2022 Delaware State Senate elections, 2020 Delaware State Senate elections, 2018	Delaware State Legislature Delaware House of Representatives Governor of Delaware Delaware Supreme Court	State legislative elections: 2024, 2023, 2022, 2021, 2020, 2019, and 2018	State government trifectas State government triplexes State executives State courts Ballot measures The State Legislative Decade

External links[edit]

• Delaware General Assembly

Footnotes[edit]

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