The Delaware Attorney General recently ruled that fusion is legal between a major party and a minor party. Specifically, he ruled that the state must print Karen Hartley-Nagle’s name on the Democratic primary ballot for U.S. House, even though she is already the Independent Party’s nominee for that office.

In 1994, the Delaware Attorney General had ruled that fusion between a major party and a minor party is illegal. However, in 1999, the 3rd circuit had ruled that if a state permits fusion between two major parties, it must permit it between a major and a minor party. Delaware is in the 3rd circuit. Since Delaware for some time has been permitting fusion between two minor parties, the state had no choice but to permit it between a major and minor party this year.

Karen Hartley-Nagle is a registered Democrat who had been an Independent Party nominee for the legislature in 2004. She is not expected to win the Democratic primary for U.S. House this year, but she will be on the November ballot as the Independent Party’s nominee regardless.