Dave Lawson

PHOTO COURTESY OF legis.delaware.gov

Anthony Albence

PHOTO COURTESY OF delaware.gov

Kyle Evans Gay

PHOTO COURTESY OF legis.delaware.gov

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Legislative Hall
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Dover, DE 19901
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By Joseph Edelen

DOVER — Delaware’s April 2 Republican presidential primary election has been canceled.

The General Assembly worked quickly Tuesday to address the withdrawal of former South Carolina Gov. Nikki Haley from her presidential campaign — and to save taxpayer monies of more than $1.5 million.

In near-unanimous fashion, lawmakers of both chambers passed Senate Bill 241, sponsored by Sen. Dave Lawson, R-Marydel, which extended the withdrawal time frame and included an option to suspend a primary election if there is only one remaining candidate — in this case, former President Donald Trump.

The bill was signed into law by Gov. John Carney shortly thereafter.

After Ms. Haley suspended her bid March 6, following Super Tuesday, her campaign reached out to the Delaware Department of Elections the following week to remove her name from the ballot, state elections commissioner Anthony Albence said on the Senate floor Tuesday.

But the commissioner referenced the “very restrictive” provisions of Delaware Code that remained unchanged when the state’s presidential primary was moved from February to April about 16 years ago.

Mr. Albence said state law only allows one week between the filing and withdrawal deadlines — this year, Feb. 2 and Feb. 9, respectively. Ms. Haley’s campaign requested removal from the ballot March 14.

He added that, while the law worked well when Delaware had earlier presidential primaries, it is not optimal for this year’s election.

“Now, with a later primary, … the contours of the campaigns have changed a lot, (and) we find ourselves in a situation like this, where there is essentially no contest,” he added.

Lawmakers had made an attempt to consolidate the presidential and statewide primary elections last year, which would have prevented such situations.

House Bill 215, sponsored by Rep. Stephanie T. Bolden, D-Wilmington, was introduced June 8, 2023, and received unanimous passage in the House of Representatives a week later. However, on the final day of last year’s legislative session, the bill was considered in the Senate and defeated, after 18 lawmakers chose to not vote on the measure.

By canceling the 2024 Republican presidential primary, the state will save at least $1.5 million, Sen. Lawson said Tuesday.

Further, the proposal would only apply to this presidential primary, as the legislation includes a sunset clause that expires Dec. 31.

Delaware’s Democratic presidential primary has already been canceled, as President Joe Biden’s campaign was the only one to file the necessary materials to qualify for the ballot, according to the Department of Elections.

Just prior to the Senate’s vote, Sen. Kyle Evans Gay, D-Talleyville, applauded the effort to save taxpayer dollars but said that she would be voting no on the measure, since absentee ballots have already been sent to voters.

“I do support the bipartisan work that’s being done. I’m just concerned ... (that) we struggle with voter education, we struggle with disinformation, and I just can’t put a value on clear information,” she said. “I think this last-minute change might present some of those confusing pieces.”

SB 241 was considered following a suspension of rules requested by Sen. Lawson, leading to its almost unanimous approval.

The legislation was then sent over to the House, where Minority Whip Lyndon Yearick, R-Magnolia, also made a motion to suspend rules for the bill’s consideration, which was successful.

“We would be executing the early voting, putting out machines, going through that process for individuals to go and vote (and) see one name on the ballot,” Rep. Yearick said. “Just one name. (I’m) not a fan of suspending rules; however, with this opportunity … to save the state $1.5 million, we thought it was appropriate.”

Following the cancellation of the Republican presidential primary, Delaware’s delegates have been secured ahead of the Republican National Convention in Milwaukee on July 15-18.

Department of Elections