My question as to who is running for AG is answered. My next question is: does our Delaware State Constitution provide anyone power to appoint a new Lt. Governor, should Lt. Governor Matt Denn be elected Attorney General later this year and thus resign his current office. Section 9 of Article II tells us the Governor does not have that power…
Section 9. He or she shall have power, unless herein otherwise provided, to appoint, by and with the consent of a majority of all the members elected to the Senate, such officers as he or she is or may be authorized by this Constitution or by law to appoint. He or she shall have power to fill all vacancies that may happen during the recess of the Senate, in offices to which he or she may appoint, except in the offices of Chancellor, Chief Justice and Judges, by granting Commissions which shall expire at the end of the next session of the Senate.
He or she shall have power to fill all vacancies that may happen in elective offices, except in the offices of Lieutenant-Governor and members of the General Assembly, by granting Commissions which shall expire when their successors shall be duly qualified.
In case of vacancy in an elective office, except as aforesaid, a person shall be chosen to said office for the full term at the next general election, unless the vacancy shall happen within two months next before such election, in which case the election for said office shall be held at the second succeeding general election.
Unless herein otherwise provided, confirmation by the Senate of officers appointed by the Governor shall be required only where the salary, fees and emoluments of office shall exceed the sum of fifteen hundred dollars annually.
The paragraph after the one I highlighted there is equally important. If Matt Denn resigns the office of Lt. Governor at any time prior to September 4 of this year, then it would seem that the election for the remainder of the term of Lt. Governor would take place during the November general election. Given the lateness of that September 4 date, I imagine this election for Lt. Governor is treated like a special election wherein the parties nominate a candidate for the office rather than engage in a primary.
If Matt Denn is feeling confident that victory is within his grasp in the AG race come late summer, does he resign the office of LG to allow a special election to take place? I don’t know.
And if he did resign in time, who would the party nominated candidates be?