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Primary elections in Delaware

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Primary election
Primary elections by state
Closed primary
Open primary
Semi-closed primary
Top-two primary
Final-five voting
Caucus
Alternative nomination means
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Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.

The laws governing primary elections vary from state to state and can even vary within states by locality and political party. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.

Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.

HIGHLIGHTS
  • In Delaware, only registered party members can participate in a political party's primary election.
  • In Delaware, the winner of a primary election is the candidate who receives the greatest number of votes, even if he or she does not win an outright majority of votes cast.
  • See the sections below for general information on the use of primary elections in the United States and specific information on the types of primaries held in Delaware:

    • Background
      The different types of primary election participation models used in the United States, and details about methods to determine the outcomes of primaries.
    • Primary election systems used in Delaware
      Primary election systems used in Delaware, including primaries for congressional and state-level offices.
    • State legislation and ballot measures
      State legislation and ballot measures relevant to primary election policy in Delaware.


    Background

    Flag of Delaware.

    In general, there are two broad criteria by which primary elections can vary from jurisdiction to jurisdiction:

    1. Rules of participation: In jurisdictions that conduct partisan primaries, who can vote in a party's primary? Is participation limited to registered party members, or can other eligible voters (such as unaffiliated voters or voters belonging to other parties) participate? In general, there are three basic types of primary election participation models: open primaries, closed primaries, and semi-closed primaries. Several states also use a top-two primary or a variant of that system.

    2. Vote requirements: What share of the total votes cast does a candidate have to receive in order to advance to the general election? Methods for determining primary election outcomes include plurality voting systems ans majority voting systems. Two states, California and Washington, use top-two primaries, while one, Alaska, uses a top-four primary. Both are plurality systems. Maine use ranked-choice voting for some primaries, which is a majority system.


    Primary election systems used in Delaware

    Congressional and state-level elections

    In 23 states, at least one political party utilizes closed primaries to nominate partisan candidates for congressional and state-level (e.g. state legislators, governors, etc.) offices. In 19 states, at least one party utilizes open primaries to nominate partisan candidates for these offices. In 12 states, at least one party utilizes semi-closed primaries. In 5 states, top-two primaries or a variation are used.[1] These state primaries are a separate entity and are not included in the totals for open, closed, or semi-closed primaries.

    Title 15, Section 3110, of the Delaware Code stipulates that only registered party members can participate in a party's primary election. A voter must affiliate with a party any time before the last Saturday in May to vote in their primary. State law provides that the winner of a primary is the candidate who receives the greatest number of votes, even if he or she does not receive a majority of votes cast.[2][3][4]

    Title 15, Section 3101A, of the Delaware Code stipulates that "the nominations of candidates by all major political parties for all offices to be decided at a general election shall be conducted via primary election." The table below lists the congressional and state-level offices in Delaware for which parties must conduct primary elections to nominate their candidates.

    Elective offices for which parties must conduct primaries to nominate general election candidates
    Office Number of seats
    State executive offices (including governor, lieutenant governor, attorney general, treasurer, and insurance commissioner) 5
    United States Senators 2
    United States Representatives 1
    State legislators 62
    Local offices Varies by municipality

    State legislation and ballot measures

    Recent legislation related to primary elections in Delaware

    The table below lists bills related to primary elections that have been introduced during (or carried over to) the current legislative session in Delaware. The following information is included for each bill:

    • State
    • Bill number
    • Official bill name or caption
    • Most recent action date
    • Legislative status
    • Sponsor party
    • Topics dealt with by the bill

    Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

    Primary systems ballot measures

    See also: Elections and campaigns on the ballot and List of Delaware ballot measures

    Since 2017, Ballotpedia has tracked no ballot measures relating to primary elections in Delaware.

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    See also

    External links

    Footnotes

    1. Top-two primary systems, such as those utilized in California, Nebraska, and Washington, and variations of those systems, such as the top-four system used in Alaska and the majority-vote system used in Louisiana, are sometimes classified as open primary systems because voter participation in such primaries is not tied to partisan affiliation. For the purposes of this article, these primaries are considered to be a separate entity. For more information about top-two primaries and their variations, see this article.
    2. Delaware Code Online, "Delaware Code Ann. tit. 15, § 3110," accessed September 12, 2025
    3. Delaware Code Online, "Delaware Code Ann. tit. 15, § 2049," accessed September 12, 2025
    4. Delaware Code Online, "Delaware Code Ann. tit. 15, § 3107," accessed September 12, 2025