Delaware would set election schedules for vacant House and Senate seats

The House or Senate's presiding officer would issue one order setting both special election dates and candidate deadlines. This covers Delaware House and Senate vacancies that need special elections. If the chamber has no presiding officer, the governor may issue the order. General election year rules may change the voting dates. The order is due within five days of the vacancy. Under the usual schedule, the primary is 35 to 40 days after the order, and the final vote is 35 to 40 days after the primary.

Election officials would follow different voting schedules for vacancies in a general election year. This covers vacant Delaware House and Senate seats in a general election year. The dates depend on whether the vacant seat is already on the general election ballot. If the usual special primary date is before May 15, the usual schedule applies. On or after May 15, a seat already on the ballot uses regular elections. For a seat off the ballot, special votes share regular election dates if its usual primary date is on or before regular primary day. Otherwise, its special primary is 35 to 40 days after the general election, with a final vote 35 to 40 days later.

Candidates in these special elections would notify election officials and request a criminal history check. These steps apply to candidates in special elections for vacant Delaware House or Senate seats. Candidates must show proof that they requested the check and scheduled an appointment before filing, being nominated, or submitting a petition to run without a party. Candidates would give notice within five days after the election order. They must schedule the background check appointment no later than 24 hours after the filing deadline.