Bipartisan Bill Would Create Primary Process for Special Elections in Delaware

December 20, 2025/Mari Lou

Bipartisan legislation was introduced this week that would create a more open and transparent process of filling vacancies in the General Assembly. Sponsored by Democrat Representative Mara Gorman (D-23) and Republican Senator Eric Buckson (D-16), House Substitute 1 for House Bill 183 would establish a process for primary elections in special elections – in either chamber. This would give voters – rather than local party committee members or party officials – to directly select nominees to appear on the special general election ballot. Currently, the political parties select replacement candidates internally, but this bill would replace that process.

Additional information from the House Majority Caucus:

“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 Rep. Mara Gorman, sponsor of HB 183 (S).
 
“This bill helps to make sure that’s always the case by creating an inclusive and transparent primary process for special elections.”
 
Currently, when a seat in the General Assembly is vacated before the end of a legislator’s term, political parties are charged with selecting replacement candidates internally. HB 183(S) replaces that process with a special primary election, giving registered voters the opportunity to choose their party’s nominee.
 
Under HB 183(S), the State Election Commissioner would issue a single writ of election within 5 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, with the special general election occurring 35-40 days later.
 
“I am proud to partner with Representative Gorman on this bipartisan effort to improve how our state fills legislative vacancies,” said Sen. Eric Buckson, Senate prime sponsor of HB 183 (S). 
 
“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.”
 
The bill also creates procedures for special elections that occur during a general election year to avoid conflicts with regularly scheduled primaries and general elections, and to prevent multiple elections for the same office within a short time frame.
 
Under the new process, if a special primary were to fall 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.
 
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. If that is not possible, 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 (S) has been assigned to the House Elections and Government Affairs Committee.
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