Delaware State Court Says Major Parties May Exclude Members of Minor Parties From Running in Major Party Primaries

Ballot Access News:

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.

One thought on “Delaware State Court Says Major Parties May Exclude Members of Minor Parties From Running in Major Party Primaries

  1. Wolf von Baumgart

    If the so-called “major” parties are against fusion, they could have enacted internal rules against it.
    In the absence of pre-existing party party rules, the decision is questionable from a constitutional standpoint.

    Wolf von Baumgart,
    State Chairman,
    Independent Party of Delaware

    ipodosc@yahoo.com

Leave a Reply

Your email address will not be published. Required fields are marked *