Delaware 151st General Assembly (2021-2022) Status: Passed House 16 D cosponsors

HCR 42 — REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING THE PROPER CONSTRUCTION OF § 13 OF ARTICLE III OF THE DELAWARE CONSTITUTION AND ENABLING A JOINT COMMITTEE TO DETERMINE THE PROCESS TO BE USED TO REMOVE AN ELECTED OFFICIAL PURSUANT TO § 13 OF ARTICLE III OF THE DELAWARE CONSTITUTION.

Last action — Passed By House. Votes: 25 YES 8 NO 6 NOT VOTING 2 ABSENT

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 151st General Assembly (2021-2022). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Concurrent Resolution requests an advisory opinion of the Justices of the Delaware Supreme Court regarding the proper construction of § 13 of Article III of the Delaware Constitution. This Resolution also tasks the Judiciary Committee of the House and Senate who shall meet jointly on or before December 17, 2021 to determine the process to be used to decide if reasonable cause exists for the removal of an elected official pursuant to § 13 of Article III of the Delaware Constitution.

Bill Text

Action History

  1. Passed By House. Votes: 25 YES 8 NO 6 NOT VOTING 2 ABSENT

  2. Introduced in House

Sponsors

Sponsorship breakdown

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24 sponsors · 0 co-sponsors · 38 not signed on · 8 voted No

Sponsors (24)

Co-sponsors (0)

None.

Not signed on (38)

38 members have not signed on to this bill.

Show all 38 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 25 Yea · 8 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 9103
Democratic 16000
Republican 0705
Total 25808
% of votes cast 61%20%0%20%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Not Voting
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Not Voting
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeffrey N. Spiegelman Republican Not Voting
Jesse R. Vanderwende Republican Not Voting
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Not Voting
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Not Voting
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does HCR 42 do?
This Concurrent Resolution requests an advisory opinion of the Justices of the Delaware Supreme Court regarding the proper construction of § 13 of Article III of the Delaware Constitution. This Resolution also tasks the Judiciary Committee of the House and Senate who shall meet jointly on or before December 17, 2021 to determine the process to be used to decide if reasonable cause exists for the removal of an elected official pursuant to § 13 of Article III of the Delaware Constitution.
Who sponsors HCR 42?
HCR 42 is sponsored by Sean M. Lynn (Democratic), William Bush (Democratic), William J. Carson (Democratic), Nnamdi O. Chukwuocha (Democratic), Franklin D. Cooke (Democratic), Krista Griffith (Democratic), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Larry Lambert (Democratic), Melissa Minor-Brown (Democratic), Sherae'a Moore (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Kimberly Williams (Democratic), Madinah Wilson-Anton (Democratic), Stephanie T. Bolden (Democratic), Sean Matthews, John A. Kowalko, Gerald L. Brady, David Bentz, Andria L. Bennett, Paul S. Baumbach, John L. Mitchell, and Valerie Longhurst.
What is the current status of HCR 42?
This bill died with 151st General Assembly (2021-2022). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HCR 42?
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