2021 Delaware Code
Title 29 - State Government
Chapter 78. Emergency Interim Executive Succession Act
§ 7804. Emergency interim successors for state officers.
(a) All state officers shall do all of the following:
(1) Designate not less than 3 nor more than 7 emergency interim successors to the officer's powers and duties. The emergency interim successors under this paragraph (a)(1) are in addition to the officer's deputy.
(2) Specify the order of succession of the individuals selected under paragraph (a)(1) of this section.
(3) Review and revise the designations of emergency interim successors made under this chapter to ensure that at all times there are at least 3 qualified emergency interim successors.
(b) The power granted to state officers under subsection (a) of this section is subject to such regulations as the Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor may issue.
(c) A state officer's designated emergency interim successor shall exercise the powers and discharge the duties of the officer's office if all of the following apply:
(1) The officer is unavailable following an emergency event.
(2) The officer's deputy is unavailable following an emergency event.
(d) An emergency interim successor shall exercise the powers and discharge the duties of a state officer's office until 1 of the following occurs:
(1) The Governor under the Delaware Constitution or authority other than this chapter, or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor, where a vacancy exists, appoint a successor to fill the vacancy.
(2) A successor is otherwise appointed or elected and qualified as provided by law.
(3) An officer or the officer's deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of the office.
