DOVER, DE- A bipartisan bill introduced Thursday would change how vacant seats in Delaware's General Assembly are filled, adding primary elections to special elections and shifting decision-making from party leaders to voters.
House Substitute 1 for House Bill 183 would establish a process to hold a special primary election to select party nominees when a legislative seat becomes vacant. Under the current system, party committee members pick candidates internally, meaning voters have no direct say in who appears on the ballot.
The bill would require the State Election Commissioner to issue a writ within five days of a vacancy, setting dates for both a special primary and a special general election. The primary would be held about five to six weeks later, followed by the general election. If a vacancy occurs after May 15, the seat would be filled through the regular November election if the district is already on the ballot, or through adjusted special elections to avoid overlap.
The bill is sponsored by Sen. Eric Buckson (R-District 16) and upstate Democrat Rep. Mara Gorman (D-District 23).
Sen. Buckson said the current process, which does not hold primaries during special elections, is unfair to voters and needs to be changed.
"Folks looking at an election want to understand the transparency of the process and the ability for them to choose. And in the current system that we have, choice is given to them, not made by them."
Which is why Buckson introduced HB 183, calling it an important piece of legislation to bring fairness and transparency to the special election process.
"I simply believe that the choice should be with the people, the general public, to decide who they think should be best on the ballot to serve their needs, or to be offered up as a candidate."
During the past legislative session, a few vacant seats were filled through special elections, including those for Sarah McBride, Kyle Evans Gay, and Stell Parker Selby, who was absent for much of the session.
Buckson said the issue of filling vacant seats affects both parties, which is why he worked across the aisle to draft legislation he considers crucial to the future of the election process.
"My hope is that folks don't think this is a targeted act towards anyone. This is simply a democracy bill, a good transparency bill, and a bill that, again, enables the will of the people to decide who they want on the ballot for choice."
However, not everyone agrees with this proposal.
Sen. Trey Paradee (D-District 17) says he believes the current special-election system does not need to be changed and that adding primaries could delay filling vacant seats at a time when they must be filled quickly.
"We do have a system that has worked pretty well for a couple of centuries in our state. One of my concerns is the delay, the extra time that would be required to have a selection process to choose candidates. If it is a special-election situation in the middle of the session, a district could have no representation for over two months. And that would be really unfortunate for the people who live in that area.”
Sen. Paradee also expressed concern about the potential price tag, predicting it could be quite costly.
"There is a fiscal note for the bill, but that fiscal note indicates the cost is indeterminable. I would venture to guess that cost is probably in excess of $1 million."
The bill has been sent to committee, where a hearing is required within twelve legislative days, ahead of the 2026 session starting Jan. 13.
