Bill Seeking to Change Delaware's Primary Election System Advances

March 12, 2026

A proposal that would fundamentally shift how Delaware conducts primary elections has cleared a House committee.

Sponsored by State Rep. Mike Smith (R-Pike Creek Valley), House Bill 188 would allow unaffiliated voters to participate in primary elections.

When multiple candidates of a single party file to run for an elected office, a primary election determines which one will appear on the general election ballot. In instances where no other candidates file for the general election, the primary election chooses the officeholder. 

Who is eligible to vote in primary races varies widely from state to state. According to the National Conference of State Legislatures, there are six different types of primary elections that are used in the U.S.

At present, Delaware holds "closed primaries," where only voters registered as party members can cast ballots in that party's races. There are eight states with this system, including neighboring Pennsylvania and New Jersey.

HB 188 would give Delaware's unaffiliated voters the ability to vote in primary elections, but registered Republicans and Democrats would still be limited to voting only in their party's primary races. Another eight states take this approach, including New Hampshire, Massachusetts, and Rhode Island.

Rep. Smith said the change is needed because many races in Delaware are decided, or effectively decided, through primary elections. He argues that not allowing unaffiliated voters to participate essentially shuts them out of the electoral process.

In Delaware, there are approximately 800,000 registered voters, with about 170,000 of these citizens unaffiliated. A state law, implemented in mid-2023, is driving those numbers higher.

Delaware's Automatic Voter Registration statute automatically registers people to vote when they apply for or renew a driver's license, as well as other transactions conducted through the Department of Labor or the Department of Health and Social Services. The law registers voters as unaffiliated unless they specify a party.

"As we look at Delaware’s numbers since January 1, 2026, there has been a reduction of roughly 20,000 affiliated Democrats and 10,000 affiliated Republicans. Non-affiliated voters have grown by 17,000 during that time," Rep. Smith said. "Non-affiliated voters are 60,000 voters away from being the majority voting block in the State of Delaware."

The bill, which received bipartisan support in its release from the House Elections & Government Affairs Committee has been placed in the House Ready List and is eligible for a vote by the full chamber.

IN PHOTO, FROM LEFT: State Rep. Jeff Hilovsky looks on as State Rep. Mike Smith advocates for House Bill 188 before the House Elections & Government Affairs Committee.