Delaware HB 65 moves the non-presidential primary from September to April. Because Delaware links the date of the primary to the deadline for creating a new party, if the bill becomes law, the deadline for qualifying a new party moves from August to March.
The bill passed the House in April, and passed the Senate Elections & Government Affairs Committee in May, but since then it has not moved. The last day of the session is Monday, June 30. On Saturday, June 28, the legislature posted the Senate Agenda for June 30, and HB 65 is not on the agenda. So it seems it will not pass. However, Delaware has a two-year legislature session, so it could be alive in 2026.
The deadline would be unconstitutional, under a Third Circuit precedent from New Jersey, which struck down an April deadline for the nominees of unqualified parties to get on the ballot. Delaware and New Jersey are both in the Third Circuit.
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