On July 20, a Delaware Superior Court Judge ruled that the Democratic and Republican Parties may exclude members of minor parties from running in major party primaries. See this story. The case had been filed by two Libertarian Party members, who are also running in November for public office as Libertarian Party nominees.
Delaware election laws do not say that non-members are barred from running in major party primaries. Delaware permits fusion. However, the effect of today’s decision is to prevent minor party members from hoping to be listed on the November ballot as the nominees of their own minor party, as well as a major party nominee. The judge ruled from the bench and has not explained his decision in writing. The Libertarian candidates have not yet decided whether to appeal.