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Constitution of the State of Delaware, Art. III, § 10. Members of the Governor's cabinet;  confirmation of appointment or reappointment, term vacancy;  Secretary of State's duties and compensation

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) For purposes of this Section:

(1) “Governor's term of office” means the entire term of a Governor under Section 5 of this Article, whether or not a Governor serves the entire term.

(2) “Member of the Governor's cabinet” means the principal officer of an executive department or the principal officer of an executive department made subject to this Section by an act of the General Assembly.

(b) The Governor shall appoint, by and with the consent of a majority of all the members elected to the Senate, members of the Governor's cabinet who shall serve at the pleasure of the Governor during the Governor's term of office in which the members of the Governor's cabinet were appointed.

(c) When a vacancy occurs by expiration of the Governor's term of office, a member of the Governor's cabinet may hold over in office until the member of the Governor's cabinet, or a new appointee, is confirmed and takes the oath of office, but in no event shall a member of the Governor's cabinet hold over in office for more than 90 days after the expiration of the Governor's term of office.

(d)(1) The Secretary of State shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required by either House of the General Assembly, lay the same, and all papers, minutes, and vouchers, relative thereto, before such House, and shall perform such other duties as shall be enjoined upon the Secretary of State by law.

(2) The Secretary of State shall have a compensation for service to be fixed by law.

(e) Except as provided by paragraph (e)(1) of this Section, a member of the Governor's cabinet shall become a bona fide resident of this State within 6 months after appointment.

(1) On good cause shown, the Governor may grant an additional 6 months to become a bona fide resident of this State.

(2) After becoming a resident of this State, a member of the Governor's cabinet shall continuously be a resident of  this State during the member's term of office.

(3) Failure to obtain or retain residency in this State operates as an automatic resignation of office and results in a vacancy in the office.

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Cite this article: FindLaw.com - Constitution of the State of Delaware, Art. III, § 10. Members of the Governor's cabinet;  confirmation of appointment or reappointment, term vacancy;  Secretary of State's duties and compensation - last updated January 01, 2026 | https://codes.findlaw.com/de/constitution-of-the-state-of-delaware/de-const-art-3-sect-10/

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