Betsy Maron Letter

November 11, 2024
Dear Governor-Elect Meyer,
Thank you for your letter and our conversation regarding the S.D. 1 and 5 Special Elections and
your suggestion to modify the current procedure to select the Delaware Democratic Party
nominees. I have forwarded your letter to the members of the state executive committee and
conferred with New Castle County Chair, Kat Caudle and City of Wilmington Chair, Cassandra
Marshall. We welcome a dialogue to evaluate the current official replacement process under the
Delaware Code, the Delaware Democratic Party Rules, and the laws of other subdivisions and
municipalities. At this time, however, we cannot support your proposal for a direct special
election primary for the special elections in Senate Districts 1 and 5.
I. Delaware Code, Title 15
As you are aware, the special election nomination process is articulated in 15 Del. C. §7103(a)
which specifically states, “the county committee may nominate a candidate no later than 25 days
before the election.” It further requires the County Chair to complete the certificate of
nomination form. While you may disagree, Delaware Code empowers the committee members
of any ballot-qualified party to select the nominee. The Delaware Code does not provide for any
method for a direct special election primary conducted by the Department of Elections. As noted
below and recognized by the presidential nomination process, the Department of Elections is
better suited for the administration of a primary contest.
II. Delaware Democratic Party Rules
The special nominating procedures articulated in the Delaware State Democratic Party Rules and
the similarly written New Castle County Rules comports with Delaware law. The memorandum
outlining the procedure was announced to the New Castle County Executive Committee on
October 24, 2024, and to the City of Wilmington on October 25, 2024. This process was based
on the Delaware Code, the Party Rules and past practice. The meetings for potential candidates
have been scheduled and noticed to all interested parties. To change the rules mid-stream seems
fundamentally unfair and contrary to a democratic process.
Ms. Marshall and Ms. Caudle, together with the State Party, have worked hard to provide an
open, transparent process for possible nominees that complies with the Delaware Code and our
Party Rules. All meetings are open to all interested Democrats. We want the eventual nominees
to be well positioned to organize, fundraise, persuade, and get out the vote for the special
elections. The lengthier time from December through February will assist in that goal.
Moreover, we do not want to concede the entire month of December to the GOP candidate who
has been selected in the proverbial “smoke filled rooms” and will have the advantage of time to
build a campaign.
If you are suggesting a direct special primary or caucus run by the Delaware Democratic Party or
the New Castle County Party, there are numerous considerations:
1. The modification of 15 Del. C. §7103(a).

2. Costs and a determination of who bears them.
3. Filling deadlines and filing fees for candidates.
4. Campaign finance requirements.
5. Use/cost of public and private facilities for the special primary election.
6. Selection of polling locations (selection and preparation).
7. Balloting process, i.e., rental of voting machines or paper/electronic ballots.
8. Staffing of the polls.
9. Absentee and/or early voting procedures.
The party rules are reviewed and updated during the normal reorganization process following a
presidential election. This will occur early next year culminating in the state convention in June
2025. We welcome a discussion about any revision of the process during that time. In addition,
we are interested in a discussion of possible amendments to the Delaware Code to provide more
transparency to voters for all special elections and vacancies in Delaware.
We look forward to working with you on this matter.
Respectfully,
Betsy Maron,
Delaware Democratic Party Chair
cc: Katherine Caudle

Cassandra Marshall
John Starke
Jane Hovington
State Executive Committee

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November 11, 2024

Dear Governor-Elect Meyer,

I. Delaware Code, Title 15

II. Delaware Democratic Party Rules

1. The modification of 15 Del. C. §7103(a).

cc: Katherine Caudle

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