CHAPTER 16

FORMERLY

HOUSE BILL NO. 44

AN ACT CONCURRING IN A PROPOSED AMENDMENT OF ARTICLE III, § 10 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO A RESIDENCY REQUIREMENT FOR THE SECRETARY OF STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 140th General Assembly, being Chapter 24, Volume 72, Laws of Delaware, as follows:

"AN ACT PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 10 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO A RESIDENCY REQUIREMENT FOR THE SECRETARY OF STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article III, Section 10 of the Delaware Constitution of 1897, as amended, by adding the following new sentence at the end of the existing paragraph:

"The Secretary of State shall become a bona fide resident of the State within six months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of six months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains office. Failure to obtain or retain such residency shall be an automatic resignation from office."

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 140th General Assembly:

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. The said proposed amendment is hereby concurred in and adopted, and shall forthwith become a part of the Constitution of the State of Delaware.

Approved March 22, 2001