UPDATED: SB 241 Passed & Signed into Law – to Cancel DE Presidential Primary

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UPDATED – 03/19/24 – 11pm – Senate Bill 241 has been signed into law by Governor John Carney.

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UPDATED – 03/19/24 5pm – There will be no Presidential Primary in Delaware once Governor John Carney signs Senate Bill 241. This cancellation is due to the recent withdrawal of Republican Party Presidential Candidate Nikki R. Haley from the Republican Presidential Primary Ballot, leaving Republican Party Presidential Candidate Donald J. Trump as the sole, active, filed Republican Party Presidential Candidate.

Senate Bill 241 saw action in both the State Senate and House Tuesday afternoon. Senate Amendment 1 which changes the number of days from 15 to 14 was added to the bill .

The amended measure passed in the State Senate with a 19 to 1 vote with Senator Kyle Evans Gay (D-5) voting no. Senator Sarah McBride was absent.

The State House approved the amended bill 37 to 0 with 2 not voting (Bryan Shupe (R-36) and Jeffrey Spiegelman (R-11) and 2 absent (Stell Parker Selby and Eric Morrison).

The measure that will legally allow the Election Commissioner to cancel the Delaware Presidential Primary is now waiting for the Governor’s signature.

No 2024 Democratic Presidential Primary had been scheduled because only one Democratic Party Presidential Candidate, Joseph R. Biden, Jr., filed to appear on Delaware’s 2024 Democratic Presidential Primary Ballot, therefore, there was no contested race.

The Department of Elections estimates that not holding the Delaware’s Presidential Primary Election has saved the State of Delaware at least $1.5 million.

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ORIGINAL STORY – 03/18/24 – After Super Tuesday, Republican Presidential candidate Donald Trump won enough delegates to clinch the GOP nomination – and soon after GOP candidate Nikki Haley suspended her campaign. It was then announced that the Delaware Election Commissioner, Anthony Albence, canceled the Delaware Republican Presidential Primary as there was only one active candidate left. Delaware Republican Party Chair, Julianne Murray today told the Talk of Delmarva’s Jake Smith that there are legal problems with the State Election Commission’s actions.

Last week State Senator Dave Lawson (R-15) introduced Senate Bill 241 which expands the timeframe in which a candidate may withdraw from the presidential primary election – including the option on not holding such an election in the event of only one remaining candidate. It would also save Delaware the $1.5-million cost for the primary election. SB 241 would also declare the remaining candidate, in this case – Donald Trump – as receiving 100% of the vote for the party’s primary election and be declared the winner.

Murray asks that all Delawareans contact their State Senators and State Representatives as time to pass Senate Bill 241 is of the essence. It must be passed this Tuesday – in both chambers. The measure has full approval from Murray and will make the actions by the State Election Commissioner legal. She adds that this legislation is one of two ways that she is able to protect Delaware’s delegates to the National Convention. The other way would be to hold the primary, which would still cost the state $1.5-million. SB 241 will expire at the end of this year.

BACKGROUND – Back in September, Murray had to file a 16-F Plan – with the National party which describes how Delaware law and the party operates and that in Delaware – winner takes all – but only on the first ballot. However, the cancellation of the primary by the State Election Commissioner changed all that. She contacted the RNC because she would have to apply for a waiver of Delaware’s 16-F plan to avoid being penalized for not following the submitted plan. Murray says this issue was not the Delaware GOP’s fault and they had nothing to do with the change. The RNC has given approval.


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