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![handle is hein.sag/sagde0029 and id is 1 raw text is: STATE OF DELAWARE
DEPARTMENT OF JUSTICE
STATE OFFICE BUILDING
CHARLEs M. OBERLY. III 820 N. FRENCH STREET, 8TH FLOOR DIRECT DIAL:
ATTORNEY GENERAL WILMINGTON, DELAWARE 19801
571-2500
January 12, 1989
Mr. Thomas L. McFalls
Chairman, Task Force on Local Government
Financing
c/o United Way
701 Shipley Street
Wilmington, DE 19801
Re: Dual Office Holding
Opinion No. 89-1001
Dear Mr. McFalls:
You have asked whether §4003(a)(4) of your bill amending
Title 29 of the Delaware Code creating the Delaware Advisory
Commission on Intergovernmental Relations (hereinafter the
Commission) violates the Delaware Constitution, Article 2, §14
which prohibits a legislator from holding dual office. For the
reasons which follow, we conclude that Article 2, §14 does not
prohibit two members of the Delaware House of Representatives
from being selected by the Speaker of the Commission to serve
on the Commission as ex officio members.
The applicable provision of Article 2, 514 of the Delaware
Constitution reads as follows:
[No] Senator or Representative shall,
during the time for which he shall have
been elected, be appointed to any civil
office under this State which shall have
been created, or the emoluments of which
shall have been increased during such
time....](ViewImageLocal?handle=hein.sag/sagde0029&div=1&collection=&method=preview&ext=.png&size=3)