Delaware Code Title 22. Municipalities § 811. Amendment of charter

The amendment of a charter shall be proposed either by a resolution of the legislative body of a municipal corporation, 3/4 of all members elected thereto concurring or by a charter commission of 7 members elected by the qualified voters of the municipal corporation from their membership at large pursuant to petition for such an election bearing the signatures of at least 10% of the qualified voters of the municipal corporation and filed with the clerk or other chief recording officer of the legislative body of the municipal corporation.  The charter commission candidates who receive the most votes shall constitute the commission.  On the death, resignation or inability of any member of a charter commission to serve, the remaining members shall elect a successor.  The commission shall have authority to propose the amendment of the charter as specified in the petition, to hold public hearings thereon and to arrange for putting the proposed amendment on the ballot or voting machine to be used at the next referendum election.

The legislative body of the municipal corporation in which the amendment of a charter is proposed by a charter commission may provide by ordinance or resolution for that procedure which it deems necessary to conduct the election of a charter commission and for enabling the charter commission to exercise the functions specified above.  The legislative body of the municipal corporation may, if it defaults in the exercise of this authority, be compelled by judicial mandate and at the instance of at least 10 signers of a petition filed under this section to exercise such authority.

In addition to the procedure hereinbefore set forth, a charter may be amended by act of the General Assembly, passed with the concurrence of two thirds of all the members elected to each House thereof.