Delaware never explicitly outlawed fusion, and it was used in the early years of the 20th century, but it had gradually fallen into disuse. In 1994 the Delaware Attorney General even said that fusion was not legal between a major and a minor party. However, earlier this year he retracted that opinion.

This year, the Independent Party of Delaware (a party somewhat like the Reform Party) has nominated 4 individuals who are members of a major party and seeking a major party nomination for congress or state legislature. Two are Democrats and two are Republicans. The Delaware major parties hold their primaries September 12. If any of the candidates that have already been nominated by the Independent Party also win a major party nomination, Delaware will be one of the states where fusion is in common usage. Other such states where it is commonly used are New York, Connecticut, Vermont and South Carolina. Although it is completely unrestricted in South Dakota and Idaho, it never gets used in those states.