CHAPTER 90

AN ACT CREATING A COMMISSION TO TAKE APPROPRIATE LEGAL ACTION CONCERNING REAPPORTIONMENT OF THE GENERAL ASSEMBLY AND MAKING A SUPPLEMENTAL APPROPRIATION THEREFOR.

WHEREAS, the United States District Court for the District of Delaware in the Case of Richard Sincock et. al. v. William Duffy, Jr., et. al., being Civil Action No. 2470 has ruled that the present composition of the Delaware Assembly is unconstitutional; AND

WHEREAS, there is considerable legal opinion that the decision may be erroneous in all or part; AND

WHEREAS, the Supreme Court of the United States has not ruled that the Senate of the State Legislature must be apportioned on a population basis, although the United States District Court so ruled; AND

WHEREAS, the Supreme Court of the United States has not ruled that a state cannot adopt the Federal System for its state legislature, although the United States District Court so ruled; AND

WHEREAS, the manner of the method of apportionment of the Delaware General Assembly should be determined by the Court of last resort of the nation and not be an inferior court, in order to give finality to the matter; AND

WHEREAS, the Constitution of the State of Delaware is unique and there are cultural and historical factors peculiar to the State of Delaware, distinguishing the Delaware case from all others in the nation; AND

WHEREAS, it is in the best interest of the General Assembly and of the State of Delaware, and its people that the provisions of the Constitution of the State of Delaware be upheld and amended only by the elected Representatives of the people, NOW THEREFORE

Be it enacted by the General Assembly of the State of Delaware:

Section 1. There is hereby created a Reapportionment Appeal Commission to consist of the members of the Reapportionment Legal Review Committee of the Senate as created by the Senate of the 122nd General Assembly and three members of the House of Representatives of the 122nd General Assembly to be appointed by the Speaker of the House.

Section 2. The Commission is hereby empowered and directed to do all things necessary and proper to appeal the decision of the United States District Court in the Case of Sincock et. al. v. Duffy et. al. (CA 2470) to the proper Appelate Court or Courts, including, but not limited to the retaining of counsel, payment of printing and other costs, hiring of personnel and payment of other expenses.

Section 3. The sum of $95,000 is appropriated to the said Reapportionment Appeal Commission.

Section 4. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware, not otherwise appropriated.

Section 5. The funds herein appropriated shall not revert to the General Fund until July 1, 1965.

Section 6. The appropriation herein made shall be disbursed by the State Treasurer upon vouchers signed and approved by the Chairman and Secretary of the Commission.

Section 7. The Commission created by this Act shall cease to exist on July 1, 1966.

Approved June 28, 1963.