2021 Delaware Code
Title 29 - State Government
Chapter 17. Emergency Interim Legislative Succession
§ 1712. Assumption of powers and duties of member of emergency interim successor.
(a) If, in the event of an emergency event, a member is unavailable, the member's emergency interim successor highest in order of succession who is not unavailable shall exercise the powers and assume the duties of the member, except for the power and duty to appoint emergency interim successors under this chapter.
(b) An emergency interim successor shall exercise the powers and assume the duties under subsection (a) of this section until 1 of the following can act:
(1) The incumbent member.
(2) An emergency interim successor higher in order of succession.
(3) A member appointed or elected and legally qualified.
(c) Each House of the General Assembly shall, in accordance with its own rules, determine who is entitled under this chapter to exercise the powers and assume the duties of its members.
(d) All provisions of the Delaware Constitution and other laws of this State pertaining to the ouster of a member are applicable to an emergency interim successor who is exercising the powers and assuming the duties of a member.
29 Del. C. 1953, § 1712; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 19;
