Delaware Code
Subchapter I. General Provisions
§ 8702. Secretary; division directors; Acting Secretary; appointment.

(a) The administrator and head of the Department shall be the Secretary of State and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary of State shall be appointed by the Governor as provided in the Constitution and shall be paid an annual salary not in excess of $25,000.
(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.
(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.

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