(a)(1) In case the person elected Governor shall die or become disqualified before the commencement of the person elected Governor’s term of office, or shall refuse to take the same, or in case of the removal of the Governor from office, or of the Governor’s death, resignation, or inability to discharge the powers and duties of the office, the same shall devolve on the Lieutenant Governor; and in case of removal, death, resignation, or inability of both the Governor and Lieutenant Governor, the Secretary of State, or if there be none, or in case of the Secretary of State’s removal, death, resignation, or inability, then the Attorney General, or if there be none, or in case of the Attorney General’s removal, death, resignation, or inability, then the President pro tempore of the Senate, or if there be none, or in case of the President pro tempore’s removal, death, resignation, or inability, then the Speaker of the House of Representatives shall act as Governor until the disability of the Governor or Lieutenant Governor is removed, or a Governor shall be duly elected and qualified.

1. (2) Paragraph (a)(1) of this Section shall apply only to such persons as are eligible to the office of Governor under this Constitution at the time the powers and duties of the office of Governor shall devolve upon them respectively.
2. (3) Whenever the powers and duties of the office of Governor shall devolve upon the Lieutenant Governor, Secretary of State, or Attorney General, their office shall become vacant; and whenever the powers and duties of the office of Governor shall devolve upon the President pro tempore of the Senate, or the Speaker of the House of Representatives, their seat as a member of the General Assembly shall become vacant; and any such vacancy shall be filled as directed by this Constitution; provided, however, that such vacancy shall not be created in case the Lieutenant Governor, Secretary of State, Attorney General, President pro tempore of the Senate, or the Speaker of the House of Representatives shall be acting as Governor during a temporary disability of the Governor.

3. (b) Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives the Governor’s written declaration that the Governor is unable to discharge the powers and duties of office, and until the Governor transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor.

   (c)(1) Whenever the Chief Justice of the Delaware Supreme Court, the President of the Medical Society of Delaware, and the Director of the Division of Substance Abuse and Mental Health, acting unanimously, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives, their written declaration that the Governor is unable to discharge the powers and duties of office because of mental or physical disability, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor.

4. (2) Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives the Governor’s written declaration that no disability exists, the Governor shall resume the powers and duties of office unless the Chief Justice of the Supreme Court of Delaware, the President of the Medical Society of Delaware, and the Director of the Division of Substance Abuse and Mental Health, acting unanimously, transmit within 5 days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of office because of mental or physical disability. Thereupon the General Assembly shall decide the issue, assembling within 72 hours for that purpose if not then in session. If the General Assembly within 10 days after receipt of the latter written declaration determines by two-thirds vote of all the members elected to each house that the Governor is unable to discharge the powers and duties of office because of mental or physical disability, the Lieutenant Governor shall continue to discharge same as Acting Governor; otherwise, the Governor shall resume the powers and duties of office.

56 Del. Laws, c. 403 and 57 Del. Laws, c. 295; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;