State Ex Rel. Battaglia v. Delaware Department of Elections

HERRMANN, Chief Justice.

This is an appeal from the denial by the Superior Court of a writ of prohibition sought by the plaintiff to prevent the holding of a special election on the date set. The determinative question is whether the Speaker of the House of Representatives had the legal authority to issue a writ of election under the circumstances.

On July 28, 1975, pursuant to proclamation of the Governor, the General Assembly was recalled into session for the purpose of considering certain revenue measures. At the close of the day, the Speaker recessed the House of Representatives “to the…