The Delaware Presidential Primary Election is a closed primary. Any person who wishes to vote in the Presidential Primary Election must be registered to vote with either the Democrat or Republican political parties. For example, if the more than one candidate is registered to vote with the same political party, meets the state's legal requirements for candidacy and submits a Filing Form to have his or her name placed on the Delaware Ballot for the Office of President of the United States, a Primary Election must be held to choose the candidate who will represent the political party for that office on the General Election Ballot.
INFORMATION & FORMS
FEDERAL ELECTION COMMISSION
1. Can the petitions for ballot status be filed at any time?
Petitions for appearing on Delaware's Presidential Primary Ballot must be filed by the deadline. If filed earlier we will review as they are received, we will notify the registered “Delaware Representative” of the status of the accepted signatures. If you desire partial petitions to be validated please complete a Presidential Candidate Ballot Petition form when submitting less than 500 signatures.
2. Who reviews them and what is the procedure? How are they verified?
The Voter Registration section of the Office of the State Election Commissioner. State Voter Registration records are used for verification.
3. Are petitions made available to other entities, i.e., if I called in and wanted to view a presidential candidates petitions to verify actual signatures, can I?
You may view other candidate petitions after the social security numbers are redacted. Please note there will be a charge for this labor intensive function. If you would like to have a representative present while your candidate's petition is reviewed please arrange this with the State Election Commissioner.
4. What is the procedure to challenge a petition?
A written set of facts must be specified and sent to the Office of the State Election Commissioner, 905 S. Governors Ave Suite 170, Dover, DE 19904 DEL Code Title 15, 8041 (b)
5. Can supplemental petitions be filed, i.e., after 1000 signatures are received and verified, can additional petitions with additional signatures be submitted?
Only 500 valid signatures are required. If signatures presented are found to be defective additional petition pages may be presented up to the filing deadline.
6. Who may request copies of a candidate's petitions; and does that person or entity have to be eligible to participate in the Republican Presidential Primary election to claim an interest?
Under Delaware's FOIA any person may obtain a copy. Estimated payment is required before the documents are processed for reviewing (redaction of SSN).
7. When will the petitions be made available for review (when a candidate files; when the Office of the State Election Commissioner has certified; or after the deadline)?
May be requested after the petitions have been evaluated by our office for ballot determination.
8. Will a campaign be notified that a request has been made to review the submitted petitions?
No. All filings with the Office of the State Election Commissioner are available to the public.
9. Is there a deadline to submit a written challenge to the State Election Commissioner?
No, but be aware that the Department of Election may require 10 business days to modify the ballot on the voting machines.
10. Once a written challenge has been submitted to the State Election Commissioner, what is the process(investigation, hearing, appeal, etc)
The challenged ballot petition would be reviewed by Commissioner's staff, with possible assistance from the county offices, and recommendations made to the State Election Commissioner for final decision.