DOVER, Del. – A new bipartisan bill introduced Thursday would overhaul how Delaware fills vacant seats in the General Assembly, shifting power from political parties to voters by requiring primary elections in special elections.
House Substitute 1 for House Bill 183, sponsored by Rep. Mara Gorman and Sen. Eric Buckson, would mandate that when a legislative seat becomes vacant, a special primary be held to determine party nominees. Currently, party committee members choose candidates internally without input from voters.
“Representative governments work best when voters are part of the process at every stage. No matter the circumstances around a vacancy, the decision about who fills it should be entirely up to the people.” said Gorman.
The bill directs the State Election Commissioner to issue a writ of election within five days of a vacancy. That writ would establish the dates for both a special primary election and a special general election, along with deadlines for candidate filing and withdrawal. The primary would occur between 35 and 40 days after the writ is issued, followed by a general election 35 to 40 days later.
Sen. Buckson called the proposal a needed reform to improve fairness and transparency.
“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.” Buckson said.
The bill also includes rules to avoid overlap with regular elections during general election years. If a vacancy happens after May 15 in a district already set to appear on the November ballot, the regularly scheduled primary and general election would be used to fill the seat. If the district is not already on the ballot, the special elections would align with the regular dates or, if necessary, take place after the general election.
The legislation has been assigned to the House Elections and Government Affairs Committee.