HB188 • 2025

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

Elections Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Michael Smith
Last action: 2026-06-30
Official status: Passed House 6/30/26
Effective date: Not listed

Plain English Breakdown

The official status indicates the bill passed the House but has been sent to the Senate for consideration. It is not yet law.

HB188: Allowing Unaffiliated Voters to Vote in Primary Elections

This bill changes Delaware law so that voters who do not belong to a political party can choose which party's primary election they want to vote in.

What This Bill Does

Allows registered voters with no party affiliation to vote in any political party's primary election.
Requires officials to check the voter's registration record before letting them vote.
Makes the choice of which party ballot an unaffiliated voter selects part of the public record.
Keeps the rule that voters already in one political party cannot vote in another party's primary election.

Who It Names or Affects

Approximately 170,000 Delaware voters who are currently registered without a political party affiliation.
Election officials and poll workers who manage voter registration records at polling places.
Political parties holding primary elections in the state of Delaware.

Terms To Know

Primary election: An election where voters choose candidates to run for office under a specific political party's name before the general election.
Unaffiliated voter: A registered voter who has not joined or listed membership with any political party on their registration record.

Limits and Unknowns

The bill does not allow voters already in one party to switch and vote in a different party's primary.
Voters choosing a ballot under this new rule do not automatically become members of that political party.
The official effective date for when these changes begin is not listed in the provided text.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Michael Smith

Passed

Plain English: Passed 1 by Michael Smith

The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Bill History

2026-06-30 Delaware General Assembly
Amendment HA 1 to HB 188 - Passed In House by Voice Vote
2026-06-30 Delaware General Assembly
Passed By House. Votes: 22 YES 17 NO 2 NOT VOTING
2026-03-11 Delaware General Assembly
Amendment HA 1 to HB 188 - Introduced and Placed With Bill
2026-03-11 Delaware General Assembly
Reported Out of Committee (Elections & Government Affairs) in House with 1 Favorable, 4 On Its Merits
2025-06-05 Delaware General Assembly
Introduced and Assigned to Elections & Government Affairs Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.
This Act allows Delaware voters who are not affiliated with a political party to vote in a political party's primary election.
Currently there are approximately 170,000 registered Delaware voters who are not affiliated with a political party.
Members of a political party are not allowed to crossover and vote in another political party's primary election

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Michael Smith & Rep. K. Williams & Rep. Griffith & Sen. Buckson

Reps. Chukwuocha, Hensley; Sen. Cruce

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 188

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3110, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3110. Qualifications of voters.

(a)

An elector may vote in the primary election of a political party

only

if the elector is a duly registered voter and if it appears upon the elector’s original permanent registration record that the elector’s party affiliation is the same as the party which is holding the primary election

or if the elector qualified under subsection (b) of this section

(b) An elector may vote in the primary election of a political party if the elector is a duly registered voter and if it appears on the elector’s original permanent registration record that the elector is unaffiliated with a party.

Section 2. Amend § 3161, Title 15 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3161. Voting procedure.

(a) The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter’s original permanent registration record whether the voter’s party affiliation is the same as the party holding the primary election, and, if they are not the same,

and the voter is not qualified under subsection (b) of § 3110 of this Title,

the voter shall not be permitted to vote in the primary election.

(b) Notwithstanding any provision to the contrary, if a qualified unaffiliated voter who is registered to vote

for the first time pursuant to § 2050A of this title appears at a primary election and indicates the intent to enroll in the party holding the primary election, such voter shall be enrolled immediately in that party and be permitted to cast a regular ballot for the primary election

appears at a primary election and indicates the intent to vote in a political party’s primary election and they qualify under § 3110 of this Title, they will be issued the party ballot of their choice and their preference will become public record, but they will not become automatically affiliated with that party

SYNOPSIS

This Act allows Delaware voters who are not affiliated with a political party to vote in a political party's primary election.

Currently there are approximately 170,000 registered Delaware voters who are not affiliated with a political party.

Members of a political party are not allowed to crossover and vote in another political party's primary election