Delaware lawmakers require Senate reconfirmation of holdover cabinet leaders

The governor appoints covered cabinet leaders with approval from a majority of all elected senators. The rule covers top officials of executive departments that lawmakers have placed under this constitutional section. A leader who stays into the next governor’s term needs Senate confirmation again. Reconfirmation applies at the start of each governor’s term for a leader who stays on.

A covered cabinet leader may keep serving temporarily after a governor’s term ends. This applies when a covered cabinet position becomes vacant because the governor’s term ends. The temporary stay ends when that leader or a replacement is confirmed and takes the oath of office. The leader may stay no more than 90 days after the governor’s term ends.

Covered cabinet leaders must be Delaware residents within six months of appointment and remain residents while serving. This applies to cabinet leaders whose departments lawmakers have brought under this constitutional section. The governor may allow six more months for good cause. Failure to become or remain a resident automatically ends the leader’s service and leaves the position vacant. The first six months begin at appointment; the residency requirement continues throughout service.