§ 7801. Short title.
§ 7801. Short title. This chapter is known and may be cited as the “Emergency Interim Executive Succession Act.” 29 Del. C. 1953, § 7801; 54 Del. Laws, c. 108; 81 Del. Laws, c. 449, § 29;
§ 7802. Statement of policy.
§ 7802. Statement of policy. The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for emergency interim succession to governmental offices of this State, and its political subdivisions, if the incumbents of these offices or the deputies of these incumbents are unavailable to perform the […]
§ 7803. Definitions.
§ 7803. Definitions. As used in this chapter: (1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes. (2) “Deputy” means an […]
§ 7804. Emergency interim successors for state officers.
§ 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 […]
§ 7805. Enabling authority for emergency interim successors for certain political subdivision offices.
§ 7805. Enabling authority for emergency interim successors for certain political subdivision offices. (a) With respect to municipal and county offices for which the legislative bodies of municipalities and counties may enact resolutions or ordinances relative to the manner in which vacancies are to be filled or temporary appointments to office made, such legislative bodies […]
§ 7806. Emergency interim successors for certain political subdivision officers.
§ 7806. Emergency interim successors for certain political subdivision officers. (a) This section applies to officers of political subdivisions not included in § 7805 of this title. (b) All officers governed by this section shall do all of the following: (1) Designate by title not less than 3 nor more than 7 emergency interim successors […]
§ 7807. Formalities of taking office.
§ 7807. Formalities of taking office. (a) At the time of an individual’s designation as an emergency interim successor, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may succeed. (b) Notwithstanding any other law, no […]
§ 7808. Period in which authority may be exercised.
§ 7808. Period in which authority may be exercised. (a) An individual authorized to act as an emergency interim successor may exercise the powers and discharge the duties of an office as authorized by this chapter only after an emergency event has occurred. (b) The General Assembly may, by concurrent resolution, terminate the authority of […]
§ 7809. Removal of designees.
§ 7809. Removal of designees. Until an individual who is designated as an emergency interim successor is authorized to exercise the powers and discharge the duties of an office, the individual serves at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without […]
§ 7810. Disputes.
§ 7810. Disputes. The Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor shall settle any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government. The Governor’s decision […]