The Independent Party of Delaware has been ballot-qualified since 2000. Although Delaware allows two parties to jointly nominate the same candidate, the Independent Party of Delaware has never nominated a Democrat or a Republican for a statewide office. However, on June 19, the party held a nominating convention and nominated Republican Mike Protack for Governor. Protack is also expected to run in the Republican primary for Governor, to be held on September 9. Filing for the major party primaries is in July.

Many party activists disagree with the decision to nominate Protack, including Floyd McDowell, the party’s founder. The unhappy members of the party believe that the June 19 convention was not called in accordance with Party Bylaws, and they have complained to the State Election Commission. The Election Commission says the party has not even filed its Bylaws with the state, which is a legal problem for the party. See this article for more details.

Regardless of the validity of the June 19 convention, all factions in the party anticipate an additional state convention will be called, in August. The August convention would decide whether the party will nominate any candidates for presidential elector, and if so, whom they are pledged to. In 2004 the Independent Party nominated Ralph Nader for president.