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Current as of January 01, 2026 | Updated by Findlaw Staff
The General Assembly by a two-thirds vote of all the members elected to each House may from time to time provide for the submission to the qualified electors of this State at the general election next thereafter the question, “Shall there be a Convention to revise the Constitution and amend the same?”; and upon such submission, if a majority of those voting on the question shall decide in favor of a Convention for such purpose, the General Assembly at its next session shall provide for the election of delegates to such Convention at the next general election. Such Convention shall be composed of 41 delegates, 1 of whom shall be chosen from each Representative District by the qualified electors thereof, and 2 of whom shall be chosen from New Castle County, 2 from Kent County and 2 from Sussex County by the qualified electors thereof respectively. The delegates so chosen shall convene at the Capital of this State on the first Tuesday in September next after their election. Every delegate shall receive for services such compensation as shall be provided by law. A majority of the Convention shall constitute a quorum for the transaction of business. The Convention shall have power to appoint such officers, employees, and assistants as it may deem necessary, and fix their compensation, and provide for the printing of its documents, journals, debates, and proceedings. The Convention shall determine the rules of its proceedings, and be the judge of the elections, returns, and qualification of its members. Whenever there shall be a vacancy in the office of delegate from any district or county by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election to fill such vacancy shall be issued by the Governor, and such vacancy shall be filled by the qualified electors of such district or county.
Cite this article: FindLaw.com - Constitution of the State of Delaware, Art. XVI, § 2. Constitutional Conventions; procedure; compensation of delegates; quorum; powers and duties; vacancies - last updated January 01, 2026 | https://codes.findlaw.com/de/constitution-of-the-state-of-delaware/de-const-art-16-sect-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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