Del. Const. art. XI, § 3

The Commissioners of Agriculture shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, 1 for the term of 1 year, 1 for the term of 2 years, and 1 for the term of 3 years; and thereafter all appointments of Commissioners of Agriculture shall be made as aforesaid for the term of 3 years, and they shall hold office until their successors are duly qualified; provided, that any vacancy occurring in the office of Commissioner of Agriculture before the expiration of a term shall be filled by appointment as aforesaid for the remainder of the term; and provided further, that in case such vacancy shall occur when the Senate is not in session, such vacancy may be filled by the Governor without confirmation by the Senate until the end of the next session of the Senate. 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;