Ballot access requirements for political candidates in Delaware

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Note: This article is not intended to serve as an exhaustive guide to running for public office. Individuals should contact their state election agencies for further information.

In order to get on the ballot in Delaware, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.

There are three basic methods by which an individual may become a candidate for office in a state.

  1. An individual can seek the nomination of a state-recognized political party.
  2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
  3. An individual can run as a write-in candidate.

This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in Delaware. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in Delaware." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).

DocumentIcon.jpg See state election laws

Year-specific filing information

2024

U.S. Senate

The table below details filing requirements for U.S. Senate candidates in Delaware in the 2024 election cycle. For additional information on candidate ballot access requirements in Delaware, click here.

Filing requirements for U.S. Senate candidates, 2024
State Office Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
Delaware U.S. Senate Democratic N/A N/A $10,440.00[1] Fixed number 7/9/2024 Source
Delaware U.S. Senate Republican N/A N/A TBD[2] Fixed number 7/9/2024 Source
Delaware U.S. Senate Unaffiliated 7,124 1% of all eligible voters N/A N/A TBD Source

U.S. House

The table below details filing requirements for U.S. House candidates in Delaware in the 2024 election cycle. For additional information on candidate ballot access requirements in Delaware, click here.

Filing requirements for U.S. House candidates, 2024
State Office Party Signatures required Filing fee Filing deadline Source
Delaware U.S. House Ballot-qualified party N/A Fixed by party 7/9/2024 Source
Delaware U.S. House Unaffiliated 1% of eligible voters N/A TBD Source


For filing information from previous years, click "[Show more]" below.

Show more

2022

U.S. House

The table below details filing requirements for U.S. House candidates in Delaware in the 2022 election cycle. For additional information on candidate ballot access requirements in Delaware, click here.

Filing requirements for U.S. House candidates, 2022
State Office Party Signatures required Filing fee Filing deadline Source
Delaware U.S. House Ballot-qualified party N/A Fixed by party 7/12/2022 Source
Delaware U.S. House Unaffiliated 1% of eligible voters N/A 9/1/2022 Source

2020

U.S. Senate

The table below details filing requirements for U.S. Senate candidates in Delaware in the 2020 election cycle. For additional information on candidate ballot access requirements in Delaware, click here.

Filing requirements for U.S. Senate candidates, 2020
State Office Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
Delaware U.S. Senate Democratic N/A N/A $10,440.00 Fixed number 7/14/2020 Source
Delaware U.S. Senate Republican N/A N/A TBD Fixed number 7/14/2020 Source
Delaware U.S. Senate Unaffiliated 7,124 1% of all eligible voters N/A N/A 9/1/2020 Source

U.S. House

The table below details filing requirements for U.S. House candidates in Delaware in the 2020 election cycle. For additional information on candidate ballot access requirements in Delaware, click here.

Filing requirements for U.S. House candidates, 2020
State Office Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
Delaware At-large District Democratic N/A N/A $3,480.00 Fixed number 7/14/2020 Source
Delaware At-large District Republican N/A N/A TBD Fixed number 7/14/2020 Source
Delaware At-large District Unaffiliated 7,141 1% of eligible voters N/A N/A 9/1/2020 Source

State House

The table below details filing requirements for Delaware House of Representatives candidates in the 2020 election cycle.

Filing requirements for state legislative candidates, 2020
Chamber name Party Signatures required Filing fee Filing deadline Source
Delaware House of Representatives Qualified party N/A $945.00 7/14/2020 Source
Delaware House of Representatives Unaffiliated 1% of registered voters residing in the district N/A 9/1/2020 Source

State Senate

The table below details filing requirements for Delaware State Senate candidates in the 2020 election cycle.

Filing requirements for state legislative candidates, 2020
Chamber name Party Signatures required Filing fee Filing deadline Source
Delaware State Senate Qualified party N/A $945.00 7/14/2020 Source
Delaware State Senate Unaffiliated 1% of registered voters residing in the district N/A 9/1/2020 Source

2018

See also: State and federal candidate filing deadlines for 2018 and Delaware elections, 2018

See below for 2018 candidate filing deadlines.

July 10, 2018

2016

See also: Delaware elections, 2016

The calendar below lists important filing deadlines for political candidates in 2016.[3]

Dates and requirements for candidates in 2016
Deadline Event type Event description
January 1, 2016 Ballot access Independent candidates can begin circulating petitions
February 26, 2016 Ballot access Filing deadline for presidential candidates
March 4, 2016 Ballot access Filing deadline for school board candidates
April 26, 2016 Election date Presidential primary election
May 10, 2016 Election date School board elections
July 12, 2016 Ballot access Filing deadline for statewide and all other offices
July 15, 2016 Ballot access Last day that filed candidates may withdraw or file for a different office
July 15, 2016 Ballot access Last day that independent candidates can circulate petitions
August 1, 2016 Ballot access Deadline for minor parties to select their candidates by convention
August 16, 2016 Campaign finance 30-day primary report due
August 23, 2016 Ballot access Deadline for minor parties to register the required number of voters to place candidates on the general election ballot
September 1, 2016 Ballot access Deadline for major parties to file nomination certificates for offices for which no party members filed; deadline for minor parties to file nomination certificates
September 1, 2016 Ballot access Filing deadline for independent candidates
September 7, 2016 Campaign finance 8-day primary report due
September 13, 2016 Election date Primary election
September 30, 2016 Ballot access Filing deadline for write-in candidates
October 11, 2016 Campaign finance 30-day general report due
November 2, 2016 Campaign finance 8-day general report due
November 8, 2016 Election date General election
Source: Delaware State Election Commissioner, "2016 Delaware Election Calendar," accessed June 5, 2015

2015


2014


Process to become a candidate

The first page of a candidate filing form, 2013

DocumentIcon.jpg See statutes: Title 15 of the Delaware Code

Major party candidates

A major party candidate may be nominated in one of two ways: by filing a notice of candidacy or by being nominated at convention.[8]

Filing a notice of candidacy

To be nominated at the primary election, a major party candidate must file by this method. The candidate must first file a notice of candidacy. If filing for a statewide office, the candidate must file this form with the chair of the state committee of his or her party. If seeking district office, the candidate must file this form with the chair of the county committee of his or her party. The notice of candidacy must include the signature, printed name, and address of the candidate. A candidate must be a registered member of the party he or she is seeking to represent in the election.[9][10]

A major party candidate must file a copy of the original notice of candidacy with the state election commissioner and pay the party filing fee by noon on the second Tuesday in July. Filing fees are determined by the political parties but cannot be greater than 1 percent of the total salary for the entire term of the office being by the candidate.[10][11][12][13][14][15]

A candidate may file an in-lieu-of-filing-fee petition if he or she is considered indigent by the state. To be considered indigent by the state, the candidate must be receiving benefits under the Supplemental Security Income Program for Aged, Blind, and Disabled, or the state election commissioner must determine that the candidate meets the income and resources test to receive such benefits. In order to determine indigent status, the candidate must provide copies of his or her income tax returns and must authorize the state election commissioner to receive any other information that might be needed from banks, credit reporting services, etc.[12]

The in-lieu-of-filing-fee petition must be signed by a number of registered voters equal to 1 percent of all registered voters in the election district(s) in which the candidate will appear on the ballot. These petitions cannot be circulated until after January 1 of the year of the election in which the candidate is running.[12]

Nomination at a party convention

A major party candidate may be nominated at a state convention only for offices for which no candidate has filed or for offices for which minor party candidates have been selected. A candidate nominated at a convention must be registered with the party he or she seeks to represent at the time of the convention. Conventions to nominate such candidates must be held before August 1 of the year of the election. If any candidates are nominated by convention, the presiding officer and secretary of the convention must submit a certificate of nomination to the state election commissioner by September 1 in the year of the election. If September 1 falls on a weekend or holiday, this certificate must be filed by the next business day.[8][16]

Minor party candidates

Minor party candidates are selected by conventions. To be nominated at a convention, a candidate must be a registered member of the minor party. These nominating conventions must be held on or before August 1 in the year of the election. For a candidate for statewide office, the party must file a nominating resolution with the state election commissioner by 4:30 p.m. on August 15 in the year of the election. For a candidate for a district office, the party must file a nominating resolution with the appropriate local election official by 4:30 p.m. on August 15 in the year of the election. A nominating resolution must contain the candidate's name and address and the office for which he or she was nominated. Certificates of nomination for each candidate must be filed by September 1 in the year of the election.[16]

Unaffiliated candidates

Unaffiliated candidates petition to gain access to the general election ballot. An unaffiliated candidate must collect signatures equal to 1 percent of all eligible voters as of December 31 of the year prior to the election. The petition can be circulated between January 1 and July 15 of the election year and must be filed with the department of elections in each county in which the petition was circulated. An unaffiliated candidate must also file a sworn declaration stating that he or she has not been affiliated with any political party for at least three months prior to filing as an unaffiliated candidate. This form is filed with the state election commissioner.[17]

Write-in candidates

Write-in candidates are only permitted to run in general or special elections. To have his or her votes counted, a write-in candidate must file a declaration form. If running for statewide office, the candidate must file this form with the state election commissioner. If running for a district office, the form must be filed with the appropriate local department of elections.[18][19]

A candidate cannot run as a write-in if he or she has already been placed on the general election ballot. Additionally, a candidate cannot run as a write-in if he or she withdrew as a candidate in the same election year.[19]

Residency requirements

A candidate for elective office must provide the state election commissioner with proof of residency. Proof of residency must show that the candidate lives in the district or area that the candidate seeks to represent.[20]

Petition requirements

See also: Methods for signing candidate nominating petitions

DocumentIcon.jpg See statutes: Title 15 of the Delaware Code

In some cases, political parties and/or candidates may need to obtain signatures via the petition process to gain ballot access. This section outlines the laws and regulations pertaining to petitions and circulators in Delaware.

Format requirements

Petitions in Delaware are used by unaffiliated candidates to gain access to the general election ballot and by political party candidates to waive political party filing fees.

Petitions may be composed of one or more sheets. Different sheets must be used for signers who reside in different counties. When filed, the sheets should be bound together and numbered consecutively.[21]

Signature requirements

When signing one of these petitions, a signer must include his or her printed name, voter registration address, Social Security number, and the date of signing. A signer must also sign a statement indicating that he or she could be subject to prosecution for perjury if he or she knowingly provides false information on the petition. A signer of an in-lieu-of-filing-fee petition must also indicate his or her affiliation with the same political party as the candidate. A signer may sign only one petition for each office up for election, unless there will be multiple people elected to the office.[22][22]

Circulation requirements

Filed petitions must contain a sworn, notarized statement that the circulator witnessed the signing of each signature and that, to the best of the circulator's knowledge and belief, the signers are registered voters of the election district in which the candidate is running.[22][21] The code does not specify any requirements for circulators.

Noteworthy events

2022

On July 22, 2022, Governor John Carney (D) signed HB183 into law, providing that a candidate for elective office must furnish the state election commissioner with proof of residency. Proof of residency must show that the candidate lives in the district or area that the candidate seeks to represent. The state Senate approved the final version of the bill unanimously on June 30, 2022. The state House approved the final version of the bill, also unanimously, on July 1, 2022.[20]

Election-related agencies

See also: State election agencies

Office of the State Election Commissioner

905 S. Governors Ave, Suite 170
Dover, Delaware 19904
Telephone: 302-739-4277
Email: coe_vote@state.de.us
Website: http://elections.delaware.gov/
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Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool.

Term limits

Delaware state executives are subject to term limits. These limits are established in Article III of the Delaware Constitution.

State executives

State Executive Officials
See also: State executives with term limits and States with gubernatorial term limits

The state executive term limits in Delaware are as follows:[23]

State legislators

See also: State legislatures with term limits

There are no term limits placed on Delaware state legislators.

Congressional partisanship

Portal:Legislative Branch
See also: List of United States Representatives from Delaware and List of United States Senators from Delaware

Below is the current partisan breakdown of the congressional delegation from Delaware.

Congressional Partisan Breakdown from Delaware
Party U.S. Senate U.S. House Total
Democratic 2 1 3
Republican 0 0 0
Independent 0 0 0
Vacancies 0 0 0
Total 2 1 3

State legislative partisanship

Portal:State legislatures

Below is the current partisan breakdown of the state legislature of Delaware.

Delaware State Senate

Party As of January 2024
     Democratic Party 15
     Republican Party 6
     Other 0
     Vacancies 0
Total 21

Delaware House of Representatives

Party As of January 2024
     Democratic Party 26
     Republican Party 15
     Other 0
     Vacancies 0
Total 41

Related legislation

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The embedded table below lists state bills affecting ballot access requirements for candidates introduced in Delaware. The following information is included for each bill:

  • State
  • Bill number
  • Official name or caption
  • Most recent action date
  • Legislative status
  • Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.

Ballotpedia’s comprehensive Ballotpedia's Election Administration Legislation Tracker is the basis for this data. This user-friendly tracker covers thousands of election-related bills in state legislatures, and organizes them by topic with neutral, expert analysis from Ballotpedia’s election administration researchers.

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See also

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External links

Official state and federal links

Other information

Footnotes

  1. ↑ Filing fees are fixed by the poliical party.
  2. ↑ Filing fees are fixed by the poliical party.
  3. ↑ Delaware State Election Commissioner, "2016 Delaware Election Calendar," accessed June 5, 2015
  4. ↑ State Election Commissioner, "2014 Delaware Election Calendar," accessed November 5, 2013
  5. ↑ This information comes from email correspondence with Office of the State Election Commissioner, September 10, 2013.
  6. ↑ State Election Commissioner, "2014 Reporting Periods," Updated December 19, 2013 (dead link)
  7. ↑ Delaware Code, Title 15, Chapter 80, Subchapter IV, Section 8030," accessed March 24, 2014
  8. ↑ 8.0 8.1 Delaware Code, "Title 15, Chapter 33, Section 3301," accessed March 19, 2014
  9. ↑ Delaware Code, "Title 15, Chapter 31, Subchapter I, Section 3101A," accessed March 19, 2014
  10. ↑ 10.0 10.1 Delaware Code, "Title 15, Chapter 31, Subchapter I, Section 3106," accessed March 19, 2014
  11. ↑ Delaware Code, "Title 15, Chapter 31, Subchapter I, Section 3101," accessed March 19, 2014
  12. ↑ 12.0 12.1 12.2 Delaware Code, "Title 15, Chapter 31, Subchapter I, Section 3103," accessed March 19, 2014
  13. ↑ Delaware Democratic Party, "List of Filing Fees," December 4, 2013
  14. ↑ Republican State Committee of Delaware, "List of Filing Fees," January 17, 2014
  15. ↑ This information comes from email correspondence with the Delaware Democratic Party.
  16. ↑ 16.0 16.1 Delaware Code, "Title 15, Chapter 33, Section 3303," accessed March 19, 2014
  17. ↑ Delaware Code, "Title 15, Chapter 30, Section 3002," accessed March 19, 2014
  18. ↑ Delaware Code, "Title 15, Chapter 34, Section 3401," accessed March 19, 2014
  19. ↑ 19.0 19.1 Delaware Code, "Title 15, Chapter 34, Section 3402," accessed March 19, 2014
  20. ↑ 20.0 20.1 Delaware General Assembly, "House Bill 183," accessed August 1, 2022
  21. ↑ 21.0 21.1 Delaware Code, "Title 15, Chapter 30, Section 3002," accessed March 19, 2014
  22. ↑ 22.0 22.1 22.2 Delaware Code, "Title 15, Chapter 31, Subchapter I, Section 3103," accessed March 19, 2014
  23. ↑ Delaware Constitution, "Article III, Sections 5 and 19," accessed November 5, 2013
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