On August 18, William McVay asked the Delaware Supreme Court to hear his appeal in McVay v Department of Elections for Kent County.  The case number is 528,2010.  McVay is a Libertarian nominee for the legislature, and he will appear on the November ballot.  He is a registered Libertarian.  He had also filed to run for the same office in the Republican primary.  Elections officials refused to let him do that, after the Republican Party complained.  The lower court gave no relief.

There is no law in Delaware that says a candidate must be a member of a party, in order to file to run in its primary.  In 1994, the state let a registered Democrat run in the Republican primary for State Senate, and she was then elected as a Republican.  The only difference between that situation, and McVay’s situation, is that the Republican Party welcomed one “outsider” into its primary, but not the other.