HB 188 Delaware House · 153rd General Assembly (2025-2026)

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

Summary
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
Bill status passed 3 of 5 stages cleared
Introduction
Jun 2025
Committee Review
Mar 2026
House Passage
Jun 2026
Senate Passage
Governor
Introduced Jun 5, 2025 Last action Jun 30, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HB 188 Bill Text · 5 edits
MODERATE
The bill was expanded from a narrow amendment (allowing unaffiliated voters to request absentee ballots for primaries) into a comprehensive rewrite of Delaware's primary election voting rules. The final version allows all approximately 170,000 registered unaffiliated Delaware voters to vote in any political party's primary election, with their ballot preference becoming public record but without forcing them to formally join that party.
SCOPE

Unaffiliated registered voters can now vote in any political party's primary election, not just request absentee ballots for one. This is a significant expansion from the original amendment which only addressed absentee ballot access.

ELIGIBILITY

New subsection (b) of Section 3110 establishes that an elector who is duly registered and whose permanent registration record shows they are unaffiliated with any party may vote in the primary election of any political party.

REQUIREMENT

Section 3161(b) was rewritten so that when an unaffiliated voter indicates intent to vote in a party's primary, they receive that party's ballot and their preference becomes public record, but they are NOT automatically enrolled or affiliated with that party. The struck-through language would have immediately enrolled them in the party.

TIMELINE

The effective date of January 1, 2028 that was included in the House Amendment version does not appear in the final bill text.

TECHNICAL

Sponsor list expanded from a single representative to include multiple representatives and senators (Rep. K. Williams, Rep. Griffith, Sen. Buckson, Reps. Chukwuocha, Hensley, Sen. Cruce).

Floor votes · House Jun 30, 2026

How they voted

2217
Passed · 2 other
Total votes 41
Jun 30, 2026
D Democratic27
14 Yea 11 Nay 2
51% Yea
R Republican14
8 Yea 6 Nay
57% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
5
Key actions
3
Committee
1
Amendments
2
Jun 30, 2026
Lower · Passed
Passed By House. Votes: 22 YES 17 NO 2 NOT VOTING
lower
Jun 30, 2026
Lower · Passed
Amendment HA 1 to HB 188 - Passed In House by Voice Vote
lower
Mar 11, 2026
Lower · Passed
Reported Out of Committee (Elections & Government Affairs) in House with 1 Favorable, 4 On Its Merits
lower
Mar 11, 2026
Introduced
Amendment HA 1 to HB 188 - Introduced and Placed With Bill
lower
Jun 5, 2025
Introduced
Introduced and Assigned to Elections & Government Affairs Committee in House
lower
5 primary · 0 co-sponsors

Sponsors