The Delaware Supreme Court has set a briefing schedule in McVay v Department of Elections for Kent County, number 528(2010).  The opening brief is due October 25, 2010.  The schedule is such that the case will be decided after the November 2, 2010 election.  The case had been filed by a Libertarian nominee for the State House of Representatives, William McVay.  He had tried to run in the major party primaries for the same office, but the major parties objected, and he was not permitted to run in those primaries.

Delaware permits fusion, and Delaware has no law making McVay’s filing illegal.  The lower state court seemed to feel the major parties have an implied right to exclude candidates from their own primaries.