1. (a) The administrator and head of the Department is the Secretary of State (“Secretary”).

   1. (1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.
   2. (2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.
   3. (3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.
2. (b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary with the written approval of the Governor.
3. (c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the successor is duly qualified and appointed.

29 Del. C. 1953, § 8702; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 278, § 1; 84 Del. Laws, c. 455, § 13; 85 Del. Laws, c. 43, § 1