State Government

The Executive, The Legislative, and The Judicial 

“The government is us; WE are the government, you and I” ~ Theodore Roosevelt

Keys to State Government

Here are our main keys to state government:

• Here in Delaware, just like the federal government, we have three branches of government: the executive, the legislative, and the judicial.
• The executive branch, led by the governor, oversees all state government departments and agencies, can issue executive orders, can veto bills passed by the state legislature, propose an annual budget to the legislature, etc.
• The legislative branch, composed of state senators and representatives, sets the state’s laws, approves the state’s budget, and can investigate state agencies.
• The judicial branch, composed of multiple courts, focuses on interpreting the law, determining the constitutionality of the law, and applying it to individual cases. 
• To pass a bill you need to: have a legislator write a bill, then get it released from committee, then ensure House/Senate leadership allow the bill to get a vote. If the bill passes one chamber then it goes to the other chamber to pass its committee and floor vote. After the bill passes both chambers, it has to be signed by the Governor.

What Does a State Do?

Overview

Here in Delaware, just like the federal government, we have three branches of government. These branches of government are:

• The executive branch with executive officials (e.g., governor, attorney general, etc.) and many departments.
• The legislative branch with a House of Representatives and a Senate. Here in Delaware, called the General Assembly. 
• The judicial branch with a supreme court and many other courts (e.g., court of chancery, family court, justice of the peace, etc.).

Just like the federal government, these three branches of government serve as checks and balances on each other to ensure one branch cannot operate unchecked. Delaware’s constitution describes how our state government functions. 

Relationship to Local Government

Delaware’s state government sets overarching rules that cities and counties must follow. The state government decides what cities and counties can and cannot be responsible. 

Executive Branch

Overview

The primary responsibility of the executive branch is to carry out the laws and budget for the priorities set by the legislative branch, within the limits set by the judicial branch. In addition, the executive branch often seeks to put forth its own vision and plans for the state.

In Delaware, we have six statewide elected executive branch positions including Governor, Lt. Governor, Attorney General, Treasurer, Insurance Commissioner, and Auditor.

Governor

Overview of responsibilities 

The governor is similar to the President, just at the state level. Delaware’s governor oversees all state government departments and agencies, can issue executive orders, can veto bills passed by the state legislature, propose an annual budget to the legislature, has the power to grant pardons after a recommendation from the Board of Pardons, recommends people for key roles (e.g., judicial appointments), and holds the authority to call in the National Guard.

Governors generally focus on setting and implementing a vision and agenda for the state.

Executive orders

Governors do not have the power to pass laws on their own, but they can pass executive orders that remain in effect until they expire or get revoked by a subsequent governor (e.g., if a governor passes an executive order today, then it can last until the next governor is elected and decides to stop that executive order). 

Executive orders are fairly limited since they can only impact the following:

• Rules for the state government itself, or its contractors (e.g., schools, construction projects, etc.).
• A task force to review an issue and make recommendations. 
• Exception – In cases of a state of emergency, Delaware’s governor has broad powers to change policy that impacts all Delaware residents and businesses (e.g., a pandemic, natural disaster, etc.).

Cabinet

In Delaware, the governor appoints officials to lead state departments and agencies. These cabinet secretaries and directors serve as administrative leaders and advisors to the governor.

While selected by the governor, many cabinet secretaries are clear leaders in their own right, advocating for their own vision within the broader scope of the executive branch. These officials, though appointed, often wield significant influence.

Below are a few of Delaware’s departments and agencies. 

Departments and Agencies

Here are some of Delaware’s main departments and agencies:

• Department of Agriculture – Focuses on helping farmers, agriculture compliance, managing forests, preserving farmland, and identifying pests.
• Department of Correction – Focuses on prisons, probation, residential drug treatment, etc.
• Department of Education – Focuses on academic support, educator support, student support, operational support, and setting accountability standards..
• Department of Finance – Focuses on unclaimed property, conducts audits, handles the state’s accounting, and manages the Delaware State Lottery.
• Department of Health and Social Services – Focuses on seniors, child support services, developmental disabilities services, Medicaid and medical assistance, substance abuse, and social services.
• Department of Safety and Homeland Security – Focuses on state police, alcohol and tobacco enforcement, emergency management, gaming enforcement, and emergency communications.
• Department of Labor – Focuses on employment and training, unemployment insurance, vocational rehabilitation, labor law enforcement, anti-discrimination, etc.
• Department of Natural Resources and Environmental Control – Focuses on environmental protection, fish and wildlife, and parks and recreation.
• Department of Services for Children, Youth and Their Families – Focuses on child protection, child abuse prevention/reporting, prevention and behavioral health, juvenile justice, and child care licensing.
• Department of Transportation – Focuses on the DMV, road maintenance, and transportation planning.

Other Executive Roles

Lt. Governor

The State of Delaware notes that the Lt. Governor is next in line to the governor, presides over the state Senate (although they only cast votes to break a rare tie), and chairs Delaware’s Board of Pardons. In practice, the Lt. Governor also tends to choose a signature focus area that they promote and advocate for during their time in office (e.g., behavioral health, youth services, etc.)

Attorney General

The Delaware Department of Justice writes, “Delaware’s Attorney General, the State’s chief law enforcement officer, has broad responsibility to combat crime, safeguard families, fight fraud, and protect consumers…” The Attorney General’s office has prosecutors, while public defenders are under the purview of the governor’s office.

The National Association of Attorneys General notes these core responsibilities of the Attorney General:

• Issues opinions and legal advice to state agencies.
• Works as a public advocate for consumer protections.
• Represents the state and its agencies in court.
• Manages the prosecution of criminal cases.
• Files civil suits for the state.

Treasurer

The Office of the State Treasurer notes the Treasurer is focused on managing the state’s investments, processing and tracking the state’s receipts and disbursements, and handling the state’s debt. 

Insurance Commissioner

The Delaware Department of Insurance notes the Insurance Commissioner is focused on supporting insurance consumers and regulating insurance companies (e.g., making sure they pay out claims, approve their submitted rate increases, etc.).

Auditor

The Office of the Auditor of Accounts notes the Auditor works as a watchdog over the state’s money and uses audits, investigations, reports, and public education. Specifically, the office looks at state and local agencies, school districts and charter schools, pensions, etc. 

Legislative Branch

Overview

In Delaware, our legislature is called the General Assembly and it is broken up into two chambers: House of Representatives and Senate. We have 41 State Representatives and we have 21 State Senators. State Representatives run for election every two years, while State Senators run every four years.

The General Assembly runs on two-year sessions between the most recent general elections. In general, they meet annually from January to June, Tuesday through Thursday. However, they have frequent breaks and recesses during those six months.

The busiest period of the legislative session is May-June since the legislature breaks on June 30th for 6 months. Often the budget is one of the last items passed.

Legislative Powers

The General Assembly can set state laws, decide the state’s budget (the governor can only make recommendations, although the governor’s budget is largely adopted), and can investigate state agencies.

While some states allow for people to vote on ballot initiatives or referendums to set legislative policy, this is not an option in Delaware. Only the General Assembly can pass legislation (Note: there are public votes for school district funding referendums and some municipalities).

Most bills take a simple majority to pass (i.e., over 50% voting in favor), while others have special conditions. Those that deal with changes in taxes need 60% voting in favor. Bills that amend the state constitution need two-thirds to vote in support in two consecutive sessions (i.e., a session starts after the November election).

The Joint Finance Committee (JFC) is the committee that works to write the state’s budget. The governor gives their recommended budget in January, and then the JFC works on it during the following months. The JFC is composed of 12-members (six members of the House and six members of the Senate). Members of the JFC have additional influence because of their role in proposing who receives money and how much they receive.

There is also the bond bill committee (i.e., focus on capital improvements) and the sunset committee (i.e., to decide whether an agency should continue or be terminated).

Political Affiliation and Leadership Roles

Both the House and Senate are organized along party lines (i.e., currently between Democrats and Republicans). The party that has more members is called the majority party and the one with fewer members is called the minority party. 

Majority and minority parties can meet with their own legislators privately without have to disclose those meetings to the public. These are called “caucus meetings.”. 

Each party selects its leadership from the elected officials to represent them in both the House and Senate. Here are the main roles:

• House majority party roles: Speaker of the House, Majority Leader, and Majority Whip (i.e., focus on “whipping up votes” to know who in the party favors or disfavors a specific bill)

• House minority party roles: Minority Leader and Minority Whip
• Senate majority party roles: President Pro Tempore, Majority Leader, and Majority Whip
• Senate minority party roles: Minority Leader and Minority Whip 

How a Bill Becomes Law

Summary logistics of passing a bill

• A legislator writes a bill (in either the House or Senate).
• The Speaker of the House or the Senate Pro Tempore assigns the bill to a committee. 
• The bill then receives a hearing where people and groups can give public comment and legislators can discuss the legislation. If the bill receives a majority of votes in favor, it is then released out of committee.
• The House and/or Senate leadership then decides if the bill should get voted on. There is not a requirement that all bills get a vote. 
• If the bill gets a vote it must get approved by a majority of legislators to pass.
• The bill then goes to the other chamber and has to go through the same committee and floor vote process (e.g., if a bill passes the House, then it has to go to a Senate committee). 
• After the bill passes both the House and Senate, it goes to the governor’s desk for approval. 
• The governor can sign the bill so it becomes law, or veto the bill. A vetoed bill goes back to the House and Senate and would need a 2/3rds majority to override the veto (which is exceedingly rare).

Bill title and sponsorship

Most bills will be called House Bill or Senate Bill (e.g., HB 5, SB 27, etc.), but sometimes there will be amendments (e.g., SA 1 to HB 216, HA 1 and HA 2 to SB 56) or substitutions (e.g., SS for SB 10, HS for HB 51). Every bill needs a legislative “sponsor” (i.e., an elected official who files the bill). 

Fiscal note

Any bill that will cost the state additional money outside the allocated budget generally gets a fiscal note provided by the State’s Controller General’s office.

Committees

Every bill is assigned a committee, but it is up to the committee chair to decide when the bill is heard in committee. Committee hearings are generally on Wednesdays and you are allowed to give short public comments.

Voting on a bill

Once a bill is voted out of committee, the Speaker of the House or the President Pro Tempore of the Senate gets to decide whether a bill is voted on. A bill has to pass both chambers (i.e., the House and the Senate) during the legislative session, otherwise, the bill is considered “dead.” However, legislators can bring up the same bill in future sessions if they choose.

While most bills require a simple majority to pass, some bills require additional votes. The budget, modifications of the tax code, and veto overrides of the governor require a 3/5ths majority to pass, while constitutional amendments (must pass in two consecutive General Assemblies) require a 2/3rds majority.

Politics of passing a bill

While the logistics of passing a bill generally follow a clear and consistent path, what makes the legislative process challenging is the politics of passing bills. Here are some key things to know about getting a bill passed:

• Power of House/Senate Leadership – The Speaker of the House and the President Pro Tempore in the Senate have the power to decide whether any bill gets voted on. So if they do not like the bill, they can make sure it never gets voted on. This is often called a “desk drawer veto.” Or they can send a bill to a committee where they know the members oppose the bill.
• Power of Committee Chairs – Similar to above, if a committee chair does not like a bill, they can make sure it never even gets the chance to be released from the committee.
• The fiscal note – Senior or influential legislators can sometimes lobby the office to make sure their bills never receive a fiscal note from the State’s Controller General’s office. There is also occasionally a political process in which groups or state agencies may lobby to have a fiscal note added to a bill if they do not want the bill to pass. 

Judicial Branch

Overview

The judicial branch focuses on interpreting the law, determining the constitutionality of the law, and applying it to individual cases. The judicial branch is composed of multiple courts. Most judges are appointed by the governor. 

Delaware’s Courts

Here are Delaware’s main courts:

• Justice of the Peace Court: The State of Delaware Judiciary writes this “is the initial entry level into the court system for most citizens, has jurisdiction over civil cases in which the disputed amount is less than $15,000.” The court also hears some misdemeanors and lower-level vehicle cases. 
• Court of Common Pleas: The State of Delaware Judiciary notes this court hears civil cases where the amount is under $75,000. The court also hears all misdemeanors except a few special cases and is also responsible for all initial hearings in felony cases.
• Family Court: The State of Delaware Judiciary notes this court hears almost all family and juvenile cases.
• Superior Court: The State of Delaware Judiciary notes this court is “the State’s court of general jurisdiction…The Court has exclusive jurisdiction over felonies and almost all drug offenses. In civil matters, the Court’s authority to award damages is not subject to a monetary maximum.”
• Court of Chancery: This court is what makes Delaware the national home to most corporations and companies (i.e., companies choose to incorporate in Delaware, not because of our taxes, but because of our courts. Our state courts are generally favorable to businesses over consumers and require a company to maximize profits over other considerations). This court focuses on corporate issues, trusts, estates, as well other business and contact matters.
• Supreme Court: This court is our appellate court (i.e., the primary court that hears appeals). The Chief Justice can also set judicial administrative policy.