TITLE 29

State Government

The General Assembly

CHAPTER 8. Composition of and Reapportionment of the General Assembly

Subchapter I. General Provisions

§ 801. Composition of the House of Representatives.

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. 36056 Del. Laws, c. 24358 Del. Laws, c. 280, §  963 Del. Laws, c. 183, §  168 Del. Laws, c. 188, §  173 Del. Laws, c. 243, §  178 Del. Laws, c. 105, §  1

§ 802. Composition of the Senate; staggered terms.

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. 36056 Del. Laws, c. 24358 Del. Laws, c. 280, §§  10, 1163 Del. Laws, c. 183, §  168 Del. Laws, c. 188, §  173 Del. Laws, c. 243, §  178 Del. Laws, c. 105, §  1

§ 803. Numbering of districts.

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

29 Del. C. 1953, §  605;  54 Del. Laws, c. 36056 Del. Laws, c. 24358 Del. Laws, c. 280, §§  14-1763 Del. Laws, c. 183, §  168 Del. Laws, c. 188, §  173 Del. Laws, c. 243, §  178 Del. Laws, c. 105, §  1

§ 804. Determining district boundaries; criteria.

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. 36056 Del. Laws, c. 24363 Del. Laws, c. 183, §  168 Del. Laws, c. 188, §  173 Del. Laws, c. 243, §  1

§ 804A. Criteria for counting incarcerated individuals for redistricting purposes.

(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, may not count as part of the population in a given district boundary an incarcerated individual who meets both of the following:

(1) Was incarcerated in a state correctional facility in this State or federal correctional facility, as determined by the decennial census.

(2) Was not a resident of the State before the individual’s incarceration.

(b) (1) 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 an individual incarcerated in a state correctional facility in this State or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State before incarceration.

(2) The General Assembly shall count the individual for reapportionment and redistricting purposes at the individual’s last known residence before incarceration.

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

(d) The Department of Elections shall geocode the last known residence of an incarcerated individual that is provided by the Department of Correction or the Federal Bureau of Prisons and is required to be counted under section (b) of this section.

(1) On or before September 15 of the year of a federal decennial census, the Department of Correction shall provide to the Department of Elections information in the Department of Correction’s possession regarding the last known residence of an incarcerated individual required to be counted under subsection (b) of this section.

(2) The Department of Elections shall make reasonable efforts to correct a last known residence of an incarcerated individual that is not able to be geocoded, including by doing the following:

a. Verifying and correcting zip codes against the United States Postal Service zip code locator.

b. Correcting misspellings of city and street names.

c. Correcting or adding street suffixes against the United State Postal Service zip code locator.

d. Correcting street direction using the United States Postal Service zip code locator.

e. Removing extra information from the address field.

f. Removing an apartment number.

g. Removing a decimal point.

(3) The Department of Elections may request from a state or federal agency information necessary to geocode the last known residence of an incarcerated individual required to be counted under section (b) of this section.

(4) If, after making reasonable efforts under paragraph (d)(2) of this section, the Department of Elections is not able to geocode the last known residence of an incarcerated individual, the Department shall establish the last known residence of the incarcerated individual as the state correctional facility where the individual is incarcerated.

(5) The Department of Elections shall provide to the General Assembly the geocoded last known residence data for incarcerated individuals required to be counted under subsection (b) of this section on or before January 15 of the year following a federal decennial census.

(6) The Department of Elections may adopt regulations to implement this section.

77 Del. Laws, c. 472, §  178 Del. Laws, c. 24, §  183 Del. Laws, c. 128, § 1

§ 805. Redistricting after federal decennial census.

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. Within 120 calendar days following the receipt, by the entity designated by the Governor, of the federal decennial census data for redistricting pursuant to Public Law 94-171, the General Assembly shall reapportion and redistrict the State, wherever necessary, for the general election of 2032 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. 36056 Del. Laws, c. 24358 Del. Laws, c. 280, §§  14-1863 Del. Laws, c. 183, §  168 Del. Laws, c. 73, §  168 Del. Laws, c. 188, §  173 Del. Laws, c. 243, §  178 Del. Laws, c. 105, §  283 Del. Laws, c. 162, § 183 Del. Laws, c. 258, § 1

§ 806. Staggered senatorial districts.

(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 2022 and 2026 and for a 2-year term in 2030.

(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 2022 and for 4-year terms in 2024 and 2028.

29 Del. C. 1953, §  608;  54 Del. Laws, c. 36056 Del. Laws, c. 24358 Del. Laws, c. 280, §  1958 Del. Laws, c. 54763 Del. Laws, c. 183, §  168 Del. Laws, c. 188, §  173 Del. Laws, c. 243, §  178 Del. Laws, c. 105, §  283 Del. Laws, c. 258, § 1