TITLE 15

Elections

Special, Municipal and Other Elections

CHAPTER 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR

Subchapter II. United States Senator


Whenever a vacancy shall happen by death, resignation or otherwise in the office of Senator from this State in the Senate of the United States, the Governor may make a temporary or ad interim appointment from among the qualified electors of this State of some person to fill such vacancy until the same shall be filled at the next ensuing general election in the manner prescribed by law. The office of such temporary appointee shall terminate upon the election, under this title, of a Senator from this State in the Senate of the United States to fill the vacancy.

Code 1915, § 1890; 28 Del. Laws, c. 101; Code 1935, § 2009; 15 Del. C. 1953, § 7321.;

(a) If a vacancy in the office of United States Senator is filled by temporary appointment by the Governor, the Governor shall certify the appointment of a Senator from this State in the Senate of the United States, under the Great Seal of the State, to the President of the Senate of the United States. Such certificates shall be countersigned by the Secretary of State of Delaware.

(b) The certificate, in the case of a temporary appointment by the Governor, may be in the following form, viz.:

"To the President of the Senate of the United States: Be it known that I, _________________________, Governor of the State of Delaware, according to the form of the Act of the General Assembly of said State, have appointed __________________________ to be a Senator from the said State in the Senate of the United States, to serve as such Senator until the electors of the said State shall fill the vacancy caused by the death (resignation or otherwise) of __________________________, lately Senator from said State, in the Senate of the United States. Given under our hands, in obedience to the said Act of the General Assembly and of the said Act of Congress, the ______ day of ______ A. D. _______".

Code 1915, § 1892; 28 Del. Laws, c. 101; Code 1935, § 2010; 15 Del. C. 1953, § 7322.;