TITLE 29

State Government

The General Assembly

CHAPTER 8. COMPOSITION OF AND REAPPORTIONMENT OF THE GENERAL ASSEMBLY

Subchapter I. General Provisions


The House of Representatives shall be composed of 41 members who shall be chosen to hold office for 2 years. The State shall be divided into 41 representative districts, from each of which shall be chosen, by the qualified electors thereof, 1 Representative.

29 Del. C. 1953, § 601; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, § 9; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 1.;

The Senate shall be composed of 21 members who shall be chosen to hold office for 4 years. The State shall be divided into 21 senatorial districts, from each of which shall be chosen by the qualified electors thereof, 1 Senator. The terms of office of the several Senators shall be staggered so that 10 Senators shall be elected at the first biennial general election following June 30, 2011, for a term of 2 years, and 11 Senators shall be elected at such election for a term of 4 years.

29 Del. C. 1953, § 602; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, §§ 10, 11; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 1.;

Each representative district and each senatorial district shall be designated by number.

29 Del. C. 1953, § 605; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, §§ 14-17; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 1.;

In determining the boundaries of the several representative and senatorial districts within the State, the General Assembly shall use the following criteria. Each district shall, insofar as is possible:

(1) Be formed of contiguous territory;

(2) Be nearly equal in population;

(3) Be bounded by major roads, streams or other natural boundaries; and

(4) Not be created so as to unduly favor any person or political party.

29 Del. C. 1953, § 606; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1.;

(a) The General Assembly, in determining the reapportionment and redistricting for the State, applying the criteria set forth in § 804 of this title, and using the official reporting of the federal decennial census as set forth in § 805 of this title, shall not count as part of the population in a given district boundary any incarcerated individual who:

(1) Was incarcerated in a state or federal correctional facility, as determined by the decennial census; and

(2) Was not a resident of the State before the person's incarceration.

(b) The General Assembly, in determining the reapportionment and redistricting for the State as provided in this subchapter, shall count as part of the population in a given district boundary any individual incarcerated in a state or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State prior to incarceration. Such individual shall be counted for reapportionment and redistricting purposes at the individual's last known residence prior to incarceration.

(c) This section shall not apply to the redistricting of the State following the 2010 federal decennial census. This section shall apply to the redistricting of the State following each federal decennial census thereafter.

77 Del. Laws, c. 472, § 1; 78 Del. Laws, c. 24, § 1.;

The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census. After the official reporting of the 2020 federal decennial census by the President to Congress, the General Assembly shall, not later than June 30, 2021, reapportion and redistrict the State, wherever necessary, for the general election of 2022 and thereafter in such a manner that the several representative and senatorial districts shall comply, insofar as possible, with the criteria set forth in § 804(1)-(4) of this title. Such apportionment shall thence continue in effect until the next succeeding federal decennial census.

29 Del. C. 1953, §§ 605, 607; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, §§ 14-18; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 73, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 2.;

(a) The Senators from the 1st, 5th, 7th, 8th, 9th, 12th, 13th, 14th, 15th, 19th and 20th Senatorial Districts shall be elected for 4-year terms in 2012 and 2016 and for a 2-year term in 2020.

(b) The Senators from the 2nd, 3rd, 4th, 6th, 10th, 11th, 16th, 17th, 18th and 21st Senatorial Districts shall be elected for a 2-year term in 2012 and for 4-year terms in 2014 and 2018.

29 Del. C. 1953, § 608; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, § 19; 58 Del. Laws, c. 547; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 2.;