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1978 Delaware Attorney General Reports and Opinions 1 (1978)

handle is hein.sag/sagde0011 and id is 1 raw text is: STATE OF DELAWARE DwArrumm or Juazzou June 30, 1978 RICnAnn R.WIER. JR. AnORNEYGENunAL OPINION TO: The Honorable Roger A. Martin Senate Majority Leader Legislative Hall Dover, Delaware 19901 OPINION BY: William M. Remington Assistant Attorney General OPINION NO.: 78-012 QUESTIONS: 1. In whose hands are the executive powers of the State when the Governor is absent from the State? 2. When the Governor intends to absent himself from the State is he required to notify the Lieutenant Governor of that intention? 3. What constitutes inability to discharge the powers and duties of the Office of Governor as that phrase is used in Del. Const., Art. III, S20? 4. Who may legally carry out the duties and powers of the Governor while he is absent from the State? ANSWERS: 1. Mere absence of the Governor from the State does not trigger devolution of his powers to another officer of the State. 2. There is no express requirement that the Governor give notice prior to his leaving the State. 3. Further definition of inability to discharge the powers and duties of the office of Governor is contained in the discussion which follows. Document 15-01-78/07/05

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