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Delaware Attorney General election, 2018 (September 6 Democratic primary)

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2022
2014
Delaware Attorney General
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Democratic primary
Republican primary
General election
Election details
Filing deadline: July 10, 2018
Primary: September 6, 2018
General: November 6, 2018

Pre-election incumbent(s):
Matthew Denn (Democrat)
How to vote
Poll times: 7 a.m. to 8 p.m.
Voting in Delaware
Ballotpedia analysis
Federal and state primary competitiveness
State executive elections in 2018
Impact of term limits in 2018
State government trifectas
State government triplexes
Ballotpedia's Election Analysis Hub, 2018
Delaware
executive elections
Attorney general

Treasurer
Auditor

A Democratic Party primary election took place on September 11, 2018, in Delaware to determine which candidate would run as the party's nominee in the state's November 6, 2018, attorney general election.

For more information about attorney general elections in 2018, click here.

SETTING THE STAGE
  • Heading into the 2018 election, the sitting attorney general was Matthew Denn (D), who was first elected in 2014. Denn announced on August 28, 2017, that he would not seek re-election in 2018, leaving the seat open.
  • In 2018, Delaware was a Democratic trifecta. It had held this status since 2009, when the Democratic Party gained a majority in the Delaware House of Representatives. Delaware was also a Democratic triplex.
  • The Democratic candidate won Delaware in each of the five presidential elections between 2000 and 2016. The widest margin of victory was Barack Obama's 25 percent margin in 2008, while the narrowest was John Kerry's 7.6 percent margin in 2004.

  • Candidates and election results

    Kathy Jennings defeated LaKresha Roberts, Chris Johnson, and Tim Mullaney in the Democratic primary for Attorney General of Delaware on September 6, 2018.

    Democratic primary election

    Democratic primary for Attorney General of Delaware

    Candidate
    %
    Votes
    Image of Kathy Jennings
    Kathy Jennings
     
    56.6
     
    46,038
    LaKresha Roberts
     
    21.6
     
    17,584
    Chris Johnson
     
    15.0
     
    12,195
    Tim Mullaney
     
    6.8
     
    5,513

    Total votes: 81,330
    Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
    If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

    Do you want a spreadsheet of this type of data? Contact our sales team.

    Context of the 2018 election

    Past elections

    2014

    See also: Delaware attorney general election, 2014

    Matthew Denn was unopposed in the 2014 Democratic primary election.[1]

    Voter information

    How the primary works

    A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Delaware utilizes a closed primary process, in which the selection of a party's candidates in an election is limited to registered party members.[2][3][4]

    For information about which offices are nominated via primary election, see this article.

    Poll times

    In Delaware, polls are open from 7:00 a.m. to 8:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[5]

    Registration requirements

    Check your voter registration status here.

    To vote in Delaware, an individual must meet the following requirements:[6]

    • The individual must be a United States citizen.
    • The individual must be a resident of Delaware.
    • The individual must be 18 years of age by Election Day.
    • The individual must be mentally competent.
    • The individual must not be under a felony sentence or convicted of a disqualifying felony.

    According to the Delaware Department of Elections, "The voter registration deadline is the 4th Saturday before a Primary and General Election. Voter registration applications submitted via the voter portal, ivote.de.gov, by the deadline, or received by mail by the Department and postmarked by the deadline, will be considered to be submitted by the deadline."[7]

    Automatic registration

    Delaware practices automatic voter registration through Delaware Division of Motor Vehicles (DMV) locations and website. Individuals that complete an in-person or online application for a drivers license, learners permit, or identification card, or completes an in-person or online application to change their name or address on these documents, are atumatically registerd to vote. An individual whose eligibility and citizenship status have been confirmed by the DMV is also automatically registered.[8][9]

    According to the Department of Election's website, voters that are automatically registered are mailed a "“Notice of Automatic Voter Registration”, which includes a “Response to Automatic Voter Registration” form. AVR voters may use the form to update their voter registration, choose a party affiliation, or cancel their voter registration."[9]

    Online registration

    See also: Online voter registration

    Delaware has implemented an online voter registration system. Residents can register to vote by visiting this website.

    Same-day registration

    Delaware does not allow same-day voter registration.[10]

    Residency requirements

    To register to vote in Delaware, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

    Verification of citizenship

    See also: Laws permitting noncitizens to vote in the United States

    Delaware does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "if you register to vote even though you know you are not eligible, you can be fined between $50.00 - $200.00 or imprisoned for 30 days to two years, or both."[11]

    All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[12] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

    Verifying your registration

    The state's voter portal allows residents to check their voter registration status online.

    Voter ID requirements

    Delaware requires voters to present non-photo identification while voting.[13][14]

    As of July 2024, the state website said:[13]

    When arriving at a polling place, a poll worker will ask you for proof of identity. A photo ID is not required.

    Examples of acceptable IDs:

    • Delaware Driver’s License
    • Delaware Identification Card
    • U.S. Passport
    • Signed Polling Place card
    • Signed Social Security card
    • Signed vehicle registration
    • Signed credit card with photo ...

    When arriving at an Early Voting Site, a poll worker will ask you for proof of identity. A photo ID is not required.

    Permitted forms of identification include current:

    • Valid Photo ID
    • Copy of utility bill
    • Bank statement
    • Government check, paycheck, or other government document that displays your address[15]

    Voters who do not present proof of identity can "sign an affidavit of affirmation that the voter is the person listed on the election district record," according to Delaware Code.[14]

    Early voting

    Delaware permits early voting. Learn more by visiting this website.

    On June 28, 2024, the Delaware Supreme Court struck down a ruling from the Delaware Superior Court and reinstated early voting in the state. In a 5-0 decision, the court ruled that plaintiffs failed to prove that they would be harmed by laws permitting early voting, and therefore had no standing to sue. The decision, therefore, did not rule on the lower court's determination that early voting was prohibited by the Delaware Constitution.[16] The court agreed to hear the case on an expedited basis to provide clarity to voters and election administrators before the November election.[17] To read more about this case, see here.

    Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states.

    Forty-seven states and the District of Columbia permit no-excuse early voting.

    Absentee voting

    The deadline for eligible voters to request an absentee/mail-in ballot is no later than four days before an election.[18]

    According to the state's absentee/mail-in ballot application, an individual is eligible for any of the following reasons:[19]

    • I am in public service of the United States (U.S.) or the State of Delaware, or I am a citizen of the U.S. temporarily residing outside the territorial limits of the U.S. and the District of Columbia, or such person’s spouse or dependent when residing with or accompanying such person, or absent from this State because of illness or injury while serving the armed forces of the U.S.
    • I am in the armed forces of the U.S. or the merchant marine of the US., or attached to and serving with the armed forces of the U.S. in the American Red Cross or United Service Organizations.
    • Due to the nature of my business or occupation. This reason includes:
      • the business or occupaton of providing care to my parent, spouse, or child who is living at home and requires constant care due to illness, disability, or injury;
      • students; and
      • otherwise eligible persons who are incarcerated.
    • I am sick or physically disabled (temporarily or permanently).
    • I am absent from the district while on vacation.
    • I am unable to vote at a certain Ɵme or on a certain day due to the tenets or teachings of my religion.
    • I am otherwise authorized pursuant to the Federal

    Uniformed and Overseas Citzens Absentee Voting Act to vote by absentee ballot.

    • I am otherwise authorized by federal law to vote by absentee ballot.[15]

    Certain of these voters are eligible for a permanent absentee/mail-in voting status and may request to be added to the permanent list on their ballot application.[19]

    On October 7, 2022, the Delaware Supreme Court struck down a state law allowing any registered voter to vote by absentee/mail-in ballot.[20]

    On eligibility, Article V, Section 4A, of the Delaware Constitution reads:[21][22]

    The General Assembly shall enact general laws providing that any qualified elector of this State, duly registered, who shall be unable to appear to cast his or her ballot at any general election at the regular polling place of the election district in which he or she is registered, either because of being in the public service of the United States or of this State, or his or her spouse or dependents when residing with or accompanying him or her because of the nature of his or her business or occupation, because of his or her sickness or physical disability, because of his or her absence from the district while on vacation, or because of the tenets or teachings of his or her religion, may cast a ballot at such general election to be counted in such election district.[15]


    State overview

    Partisan control

    This section details the partisan control of federal and state positions in Delaware heading into the 2018 elections.

    Congressional delegation

    State executives

    State legislature

    • Democrats controlled both chambers of the Delaware General Assembly. They had a 25-16 majority in the state House and a 11-10 majority in the state Senate.

    Trifecta status

    • Delaware was a Democratic trifecta, meaning that the Democratic Party controlled the office of the governor, the state House, and the state Senate.

    2018 elections

    See also: Delaware elections, 2018

    Delaware held elections for the following positions in 2018:

    Demographics

    Demographic data for Delaware
     DelawareU.S.
    Total population:944,076316,515,021
    Land area (sq mi):1,9493,531,905
    Race and ethnicity**
    White:69.4%73.6%
    Black/African American:21.6%12.6%
    Asian:3.6%5.1%
    Native American:0.3%0.8%
    Pacific Islander:0%0.2%
    Two or more:2.7%3%
    Hispanic/Latino:8.7%17.1%
    Education
    High school graduation rate:88.4%86.7%
    College graduation rate:30%29.8%
    Income
    Median household income:$60,509$53,889
    Persons below poverty level:13.9%11.3%
    Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
    Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Delaware.
    **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

    As of July 2016, Delaware's three largest cities were Wilmington (pop. est. 71,106), Dover (pop. est. 37,538), and Newark (pop. est. 33,858).[23][24]

    State election history

    This section provides an overview of federal and state elections in Delaware from 2000 to 2016. All data comes from the Delaware State Department of Elections.

    Historical elections

    Presidential elections, 2000-2016

    This chart shows the results of the presidential election in Delaware every year from 2000 to 2016.

    Election results (President of the United States), Delaware 2000-2016
    Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
    2016 Democratic Party Hillary Clinton 53.4% Republican Party Donald Trump 41.9% 11.5%
    2012 Democratic Party Barack Obama 58.6% Republican Party Mitt Romney 40.0% 18.6%
    2008 Democratic Party Barack Obama 61.9% Republican Party John McCain 36.9% 25.0%
    2004 Democratic Party John Kerry 53.4% Republican Party George W. Bush 45.7% 7.7%
    2000 Democratic Party Al Gore 54.9% Republican Party George W. Bush 41.9% 13.0%

    U.S. Senate elections, 2000-2016

    This chart shows the results of U.S. Senate races in Delaware from 2000 to 2016. Every state has two Senate seats, and each seat goes up for election every six years. The terms of the seats are staggered so that roughly one-third of the seats are up every two years.

    Election results (U.S. Senator), Delaware 2000-2016
    Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
    2014 Democratic Party Chris Coons 55.8% Republican Party Kevin Wade 42.2% 13.6%
    2012 Democratic Party Thomas Carper 66.4% Republican Party Kevin Wade 29.0% 37.4%
    2010 Democratic Party Chris Coons 56.6% Republican Party Christine O'Donnell 40.0% 16.6%
    2008 Democratic Party Joe Biden 64.7% Republican Party Christine O'Donnell 35.3% 29.4%
    2006 Democratic Party Tom Carper 67.1% Republican Party Jan Ting 27.4% 39.7%
    2002 Democratic Party Joe Biden 58.2% Republican Party Raymond Clatworthy 40.8% 17.4%
    2000 Democratic Party Tom Carper 55.5% Republican Party William Roth 43.7% 11.8%

    Gubernatorial elections, 2000-2016

    This chart shows the results of the four gubernatorial elections held between 2000 and 2016. Gubernatorial elections are held every four years in Delaware.

    Election results (Governor), Delaware 2000-2016
    Year First-place candidate First-place candidate votes (%) Second-place candidate Second-place candidate votes (%) Margin of victory (%)
    2016 Democratic Party John Carney 58.3% Republican Party Colin Bonini 39.2% 19.9%
    2012 Democratic Party Jack Markell 69.3% Republican Party Jeff Cragg 28.6% 40.7%
    2008 Democratic Party Jack Markell 67.5% Republican Party William Swain Lee 32.0% 35.5%
    2004 Democratic Party Ruth Ann Minner 50.9% Republican Party William Swain Lee 45.8% 5.1%
    2000 Democratic Party Ruth Ann Minner 59.2% Republican Party John Burris 39.7% 19.5%

    Congressional delegation, 2000-2016

    This chart shows the number of Democrats and Republicans who were elected to represent Delaware in the U.S. House from 2000 to 2016. Elections for U.S. House seats are held every two years.

    Congressional delegation, Delaware 2000-2016
    Year Republicans Republicans (%) Democrats Democrats (%) Balance of power
    2016 Democratic Party 1 100% Republican Party 0 0% D+1
    2014 Democratic Party 1 100% Republican Party 0 0% D+1
    2012 Democratic Party 1 100% Republican Party 0 0% D+1
    2010 Democratic Party 1 100% Republican Party 0 0% D+1
    2008 Republican Party 1 100% Democratic Party 0 0% R+1
    2006 Republican Party 1 100% Democratic Party 0 0% R+1
    2004 Republican Party 1 100% Democratic Party 0 0% R+1
    2002 Republican Party 1 100% Democratic Party 0 0% R+1
    2000 Republican Party 1 100% Democratic Party 0 0% R+1

    Trifectas, 1992-2017

    A state government trifecta occurs when one party controls both chambers of the state legislature and the governor's office.

    Delaware Party Control: 1992-2025
    Seventeen years of Democratic trifectas  •  No Republican trifectas
    Scroll left and right on the table below to view more years.

    Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
    Governor R D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D
    Senate D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D
    House R R R R R R R R R R R R R R R R R D D D D D D D D D D D D D D D D D


    Pivot Counties

    See also: Pivot Counties by state

    One of three Delaware counties—33.33 percent—is a Pivot County. Pivot Counties are counties that voted for Barack Obama (D) in 2008 and 2012 and for Donald Trump (R) in 2016. Altogether, the nation had 206 Pivot Counties, with most being concentrated in upper midwestern and northeastern states.

    Counties won by Trump in 2016 and Obama in 2012 and 2008
    County Trump margin of victory in 2016 Obama margin of victory in 2012 Obama margin of victory in 2008
    Kent County, Delaware 4.87% 4.94% 9.81%

    In the 2016 presidential election, Hillary Clinton (D) won Delaware with 53.4 percent of the vote. Donald Trump (R) received 41.9 percent. In presidential elections between 1900 and 2016, Delaware voted Republican 53.33 percent of the time and Democratic 46.67 percent of the time. In the five presidential elections between 2000 and 2016, Delaware voted Democratic all five times.

    Presidential results by legislative district

    The following table details results of the 2012 and 2016 presidential elections by state House districts in Delaware. Click [show] to expand the table. The "Obama," "Romney," "Clinton," and "Trump" columns describe the percent of the vote each presidential candidate received in the district. The "2012 Margin" and "2016 Margin" columns describe the margin of victory between the two presidential candidates in those years. The "Party Control" column notes which party held that seat heading into the 2018 general election. Data on the results of the 2012 and 2016 presidential elections broken down by state legislative districts was compiled by Daily Kos.[25][26]

    In 2012, Barack Obama (D) won 28 out of 41 state House districts in Delaware with an average margin of victory of 35.2 points. In 2016, Hillary Clinton (D) won 27 out of 41 state House districts in Delaware with an average margin of victory of 31.7 points. Clinton won three districts controlled by Republicans heading into the 2018 elections.
    In 2012, Mitt Romney (R) won 13 out of 41 state House districts in Delaware with an average margin of victory of 12.8 points. In 2016, Donald Trump (R) won 14 out of 41 state House districts in Delaware with an average margin of victory of 22.3 points. Trump won one district controlled by a Democrat heading into the 2018 elections.


    See also

    Delaware government:

    Elections:

    Ballotpedia exclusives:

    External links

    Footnotes

    1. State of Delaware, "Primary Election Official Results - 2014," accessed September 29, 2017
    2. National Conference of State Legislatures, "State Primary Election Types," accessed July 22, 2024
    3. State of Delaware, "Primary Election," accessed July 22, 2024
    4. Delaware.gov, "TITLE 15 Elections, CHAPTER 49. Conduct of Election § 3110 Qualifications of voters," accessed July 22, 2024
    5. Delaware Code, "Title 15, Chapter 49, Section 4947," accessed July 22, 2024
    6. Office of the State Election Commissioner , "Qualifications," accessed July 22, 2024
    7. Delaware Department of Elections, "Voter Registration," accessed July 22, 2024
    8. State of Delaware, "Automatic Voter Registration at DMV," June 20, 2023
    9. 9.0 9.1 State of Delaware Department of Elections, "Automatic Voter Registration FAQs," accessed July 22, 2024
    10. AP, "Delaware justices nix vote-by-mail, same-day registration," October 7, 2022
    11. Delaware Elections, "State of Delaware All-In-One Form to Register to Vote or Update Your Information," accessed November 1, 2024
    12. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
    13. 13.0 13.1 Delaware.gov, "Voting in Delaware," accessed July 22, 2024
    14. 14.0 14.1 Delaware Code, "Title 15, Chapter 49 Conduct of Elections § 4937 Voting procedure," accessed July 22, 2024 Cite error: Invalid <ref> tag; name "dvid" defined multiple times with different content
    15. 15.0 15.1 15.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    16. WHYY, "Delaware Supreme Court restores access to early voting, permanent absentee voting," February 23, 2024
    17. Delaware.gov, "In unanimous ruling, Court sides with Jennings on voting rights," June 28, 2024
    18. State of Delaware Department of Elections, "Absentee Voting," accessed July 22, 2024
    19. 19.0 19.1 State of Delaware Department of Elections, "Request for an Absentee Ballot for Primary, General and/or Special Elections," accessed July 22, 2024
    20. Delaware Online, "Delaware Supreme Court finds vote by mail, same-day registration unconstitutional," October 7, 2022
    21. Delaware Code Online, "Article V. Elections." accessed April 6, 2023
    22. Court of Chancery of the State of Delaware, "Higgin v. Albence: Memorandum Opinion," September 14, 2022
    23. Delaware Demographics, "Delaware Cities by Population," accessed December 11, 2017
    24. U.S. Census Bureau, "Quickfacts Delaware," accessed December 11, 2017
    25. Daily Kos, "Daily Kos Elections' statewide election results by congressional and legislative districts," July 9, 2013
    26. Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," February 6, 2017