Bipartisan special election bill filed

A bipartisan bill that would require primaries for special elections was filed Dec. 18.

Sponsored by Sen. Eric Buckson, R-Magnolia, and Rep. Mara Gorman, D-Newark, House Bill 183 would change the current system that allows local party committee members or party officials to chose a candidate to run when there is a special election called. Instead, the bill would require special primary elections for special elections in either chamber of the General Assembly, allowing voters the ability to choose their candidate.

“By clarifying and modernizing the special election process, we are strengthening transparency, protecting voter access and ensuring Delawareans are represented in a timely and orderly manner,” said Buckson in a press release.

Under the bill, the state election commissioner would issue a single writ of election within five days of the creation of the vacancy, which would include the dates for both the special primary election and the special general election, as well as candidate filing and withdrawal deadlines. 

The primary would be held between 35 to 40 days after the writ is issued, and the special general election would be held 35 to 40 days later.

For special elections occurring during a general election year, the bill outlines procedures to avoid conflicts with regularly scheduled primaries and general elections, preventing multiple elections for the same office within a short time frame.

If a special primary falls on or after May 15 and a district is already on the general election ballot, the vacancy would be filled through the regularly scheduled primary and general election, according to the bill, but if a vacancy occurs on or after May 15 during a general election year for a district that is not already on the ballot, the timing of the special election would be adjusted to the same dates as the regular primary and general election. 

In cases where that is not possible, the bill states the special primary would be held 35 to 40 days after the general election, followed by a special general election 35 to 40 days later.

HB 183 has been assigned to the House Elections and Government Affairs Committee.