(a) If, in the event of an emergency event, a member is unavailable, the member’s emergency interim successor highest in order of succession who is not unavailable shall exercise the powers and assume the duties of the member, except for the power and duty to appoint emergency interim successors under this chapter.

Terms Used In Delaware Code Title 29 Sec. 1712

  • Emergency event: means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

    a. See Delaware Code Title 29 Sec. 1703

  • Incumbent member: means the individual holding an office under this chapter before the emergency event. See Delaware Code Title 29 Sec. 1703
  • Member: means a member of the General Assembly under Article II of the Delaware Constitution. See Delaware Code Title 29 Sec. 1703
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Unavailable: means absent from the place of session other than on official business of the General Assembly or unable, for physical, mental, or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under the Delaware Constitution or other law of this State. See Delaware Code Title 29 Sec. 1703

(b) An emergency interim successor shall exercise the powers and assume the duties under subsection (a) of this section until 1 of the following can act:

(1) The incumbent member.

(2) An emergency interim successor higher in order of succession.

(3) A member appointed or elected and legally qualified.

(c) Each House of the General Assembly shall, in accordance with its own rules, determine who is entitled under this chapter to exercise the powers and assume the duties of its members.

(d) All provisions of the Delaware Constitution and other laws of this State pertaining to the ouster of a member are applicable to an emergency interim successor who is exercising the powers and assuming the duties of a member.

29 Del. C. 1953, § ?1712; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 449, § 19;

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