Presidential Primary Election

Important Information Regarding
Delaware's Presidential Primary Elections

Delaware Code Provisions Regarding Presidential Primary Elections:
  • Information regarding the State of Delaware's Presidential Primary Election is set forth in Title 15 of the Delaware Code, at Subchapter V of Chapter 31. The date of Delaware's Presidential Primary Election for major political parties (Democratic and Republican Parties) is the 4th Tuesday in April in a Presidential Election year per Section 3181(a) of Title 15 of the Delaware Code. However, for the 2024 Election Cycle the date of the Presidential Primary is the first Tuesday in April, April 2, 2024, per Senate Bill 149 with SA1 of the 152nd General Assembly, which changed the date of the Presidential Primary Election to avoid conflicting with a religious holiday.
  • Presidential Primary Elections are conducted in accordance with the laws governing statewide primary elections in Title 15 of the Delaware Code, at Subchapter I of Chapter 31.
  • A Presidential Primary Election is not required to be held in the State of Delaware for a major political party that chooses not to have such an election. If a major political party chooses not to have a Presidential Primary Election, the chairperson of the major political party must notify the State Election Commissioner in writing that the party will not hold a Presidential Primary Election. This notification must be received prior to the close of business (4:30 p.m.) on the earlier of the first business day of a Presidential Election year or 120 days before the day of the Presidential Primary Election. For the 2024 Election Cycle, this deadline is Monday, December 4, 2023.
  • In the event that only one Presidential Primary Candidate files for a party's nomination and no additional candidates are added to the Presidential Primary ballot per the process outlined in Delaware Code (see "Getting on the Presidential Primary Ballot" section below) then that candidate shall be declared the winner of the Presidential Primary Election.
  • No Presidential Primary Election shall be held for a party's nomination if no candidate files as the party's Presidential Primary Candidate.
Getting on the Presidential Primary Ballot as a Candidate:
  • A candidate shall be eligible for the State of Delaware Presidential Primary Election if:
    • Such candidate is affiliated with a political party appearing on the ballot of the previous general election, and has become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code; or
    • Such candidate files a Petition for Presidential Candidate to Secure Ballot Status with the State Election Commissioner bearing at least 500 valid signatures of registered voters of the State of Delaware of the same political party as the candidate at the time of the filing in accordance with Section 3183(a) of Title 15 of the Delaware Code.
  • A Presidential Primary Election candidate's political party must certify and forward to the State Election Commissioner a copy of the party rules at least 30 days prior to the last day on which candidates for President of the United States must provide notification of their candidacy, as detailed in Title 15, Section 3183. Party rules provide the method by which the party apportions, selects and/or elects delegates and alternate delegates to the party's national convention.
  • Presidential Primary Election candidates must complete and submit a Presidential Primary Candidate Filing Form to the State Election Commissioner no later than the 60th day before the day of the Presidential Primary Election. If this filing deadline falls on a Saturday, Sunday, or legal holiday, the filing deadline is the first business day immediately following the 60th day before the Presidential Primary Election Day. Along with the filing form, a candidate must also complete and submit to the State Election Commissioner a Presidential Candidate Representative Certification Form to certify 1 individual who is registered to vote in the State of Delaware of the same political party affiliation as the candidate who is authorized by the candidate to act on the candidate's behalf in all election-related matters, including presenting Delaware Presidential Ballot Petitions to the State Election Commissioner. The candidate will be held jointly responsible with their authorized representative for compliance with all of the election laws for the State.
  • A candidate who has not submitted a Presidential Primary Candidate Filing Form to the State Election Commissioner may be eligible to appear and therefore placed on the Presidential Primary ballot, under the following circumstances:
    • The chairperson of each major political party participating in the Presidential Primary Election, shall by 4:30 p.m. on the Wednesday following the Presidential Primary filing deadline, provide a list of persons affiliated with the party who have by the close of business the day before (Tuesday) become eligible to receive payments from the Presidential Primary Matching Payment Account of the Internal Revenue Code and who have not withdrawn as a Presidential Candidate or suspended their campaign.
    • Prior to or at the same time the state party chairperson submits the list of names to the State Election Commissioner, the state party chairperson must notify these persons that their names have been or are being submitted to the State Election Commissioner to appear on the Presidential Primary ballot.

How to Withdraw as a Presidential Primary Candidate:
  • In order to have their own name removed from the State of Delaware Presidential Primary Election ballot, a candidate must file a signed and notarized affidavit with the Department of Elections stating the candidate will not appear on the presidential primary ballot in any other state and that the candidate is not and no longer intends to be a candidate for that political party's presidential nomination. This form may be found here.