Governor-elect Matt Meyer calls for parties to break special election norms and hold open primary
Governor-elect Matt Meyer is calling for a special primary election to allow voters to choose which candidates compete to fill two soon-to-be vacated State Senate seats.
The seats belong to newly elected Congresswoman Sarah McBride and Lt. Gov. Kyle Evans Gay in Wilmington and Talleyville, respectively.
When the two legislators resign in the coming months, per the state code, any party can nominate a candidate to fill the seats — the nominees then go head-to-head in a special election and the choice is ultimately left to the districts' voters.
That's how the process has always worked in Delaware when a legislative seat is left vacant, but Meyer says this method of allowing county party chairs to select who will be up for the seat allows "political insiders" to choose candidates, rather than voters.
Delaware Democratic Party Executive Director Travis Williams says the party intends to follow state code, which currently does not outline how a special primary would take place.
"If we were going to have a special primary ahead of a special election, it would have to be something that the code enables either us or the Delaware Department of Elections to call, and right now, the code does not do that," Williams said. "Without there being a line in the code or in the law that enables there to be a special primary election, we can't do that."
Delaware election code currently says "The county committee for each political party eligible to place candidates on the general election ballot for the most recent past general election may nominate a candidate for the special election by submitting a nomination to the Department office conducting the special election no later than 25 days before the date of the special election" and further requires the county party chair to complete the certificate of nomination form.
In written response to Meyer, Delaware Democratic Party Chair Betsy Maron only reinforced Williams' point that a special primary cannot be conducted under current law.
"While you may disagree, Delaware Code empowers the committee members of any ballot-qualified party to select the nominee. The Delaware Code does not provide for any method for a direct special election primary conducted by the Department of Elections," Maron wrote.
Maron also brought up concerns around the cost of such a special primary, campaign finance requirements, facilities, balloting processes, staffing and voting procedures.
While in her letter Maron said the party cannot support Meyer's request, both her and Williams say they are happy to work Meyer on creating such a process if the proper changes to state law are made.
But Meyer insists changing state code isn't necessary, or even if it is, it could be done if more leaders were determined to make it happen.
"It sounds like party officials are saying that state law needs to be changed. State law can be changed. It's a will— whether there's a will to do it or not, and under my leadership, we're going to have that will," Meyer said "There aren't party rules missing, there aren't aspects of law missing — what's missing is the will to do it."
Meyer is referring to the possibility of the state legislature convening for a special session to change the law, but he says there are still alternatives to this method.
He suggests party leadership run a more open primary process, something similar to the Iowa caucus where members of the respective parties gather to discuss and select a candidate.
Delaware GOP Chair Julianne Murray did not respond to a request for comment, but she told WHYY News in an interview last week that establishing such a primary on a 45-day timetable is "a pretty tight window."
"The bottom line is this — when it comes to basic democratic rights, the right to vote, you don't play around. Don't talk about process. The process is, we got to figure it out as a party, as a community, as a state. The people should be choosing who the next State Senator is. Because of the party registration in those areas, there's a pretty good chance that's not going to be the case, and that's something that we as leaders— we shouldn't be pointing to all these obscure laws that nobody knows anything about and obscure party rules to make excuses. We got to sit down and figure out how we give power to the people," Meyer said.
The governor-elect is referring to both Senate District 1 and District 5 containing more registered Democrats than Republicans, meaning whoever the Democratic Party nominates for the seat is likely to win in the overall special election.
Williams says assuming no changes to state code are made within the coming months, the Democratic Party is likely to select its candidates for both seats by late December and the special election will be held sometime in January or February.
