Delaware Code Title 29 Sec. 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 order of succession of the individuals selected under paragraph (a)(1) of this section.
(3) Review and revise the designations of emergency interim successors made under this chapter to ensure that at all times there are at least 3 qualified emergency interim successors.
Terms Used In Delaware Code Title 29 Sec. 7804
- Deputy: means an assistant or other subordinate officer who is authorized by law to exercise the powers and discharge the duties of a state or political subdivision office. See Delaware Code Title 29 Sec. 7803
- 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:
- Emergency interim successor: means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is appointed or elected and qualified as may be provided by the Delaware Constitution, statutes, charters, or ordinances or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office. See Delaware Code Title 29 Sec. 7803
- Office: includes all state and political subdivision offices, the powers and duties of which are defined by the Delaware Constitution, statutes, charters, or ordinances. See Delaware Code Title 29 Sec. 7803
- 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 either that a vacancy in an office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and the lawful incumbent's duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See Delaware Code Title 29 Sec. 7803
(b) The power granted to state officers under subsection (a) of this section is subject to such regulations as the Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor may issue.
(c) A state officer’s designated emergency interim successor shall exercise the powers and discharge the duties of the officer’s office if all of the following apply:
(1) The officer is unavailable following an emergency event.
(2) The officer’s deputy is unavailable following an emergency event.
(d) An emergency interim successor shall exercise the powers and discharge the duties of a state officer’s office until 1 of the following occurs:
(1) The Governor under the Delaware Constitution or authority other than this chapter, or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor, where a vacancy exists, appoint a successor to fill the vacancy.
(2) A successor is otherwise appointed or elected and qualified as provided by law.
(3) An officer or the officer’s deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of the office.
29 Del. C. 1953, § ?7804; 54 Del. Laws, c. 108; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 449, § 32;