How to run in Delaware, 2028
What it takes to get on Delaware's 2028 ballot for the U.S. House or President, from the state's election office and laws. Delaware has no U.S. Senate seat up in 2028.
U.S. House
Who can run
- At least 25 years old
- A U.S. citizen for at least 7 years
- Living in the state when elected (the Constitution doesn't require living in the district)
Getting on the Delaware ballot
| Where to file | Office of the State Election Commissioner, Delaware Department of Elections (statewide offices, including U.S. Representative, which is elected at large). |
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| When | Notice of candidacy due by 12:00 noon on the second Tuesday in July (15 Del. C. 3101(1)), July 11, 2028; withdrawal without forfeiting the fee by 4:30 p.m. on the following Friday (July 14, 2028). Primary: second Tuesday after the first Monday in September (15 Del. C. 3101(3)), September 12, 2028. Unaffiliated candidates gather petition signatures between January 1 and July 15 of the election year and file by September 1, 2028. (expected: follows state law; the 2028 calendar isn't published yet) |
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| How | Democratic and Republican candidates file the Candidate Filing Form for U.S. Senator/U.S. Representative in person at, or by mail to, the Office of the State Election Commissioner, with the party-set filing fee, a Candidate Ballot Name Form and an Affidavit of Candidate Residency. If more than one candidate of a party files, a primary is held. A major party may nominate a candidate by party certificate for an office where no one filed, by September 1. Minor-party candidates are nominated at the party's nominating convention (between January 1 and August 1), with the party certificate of nomination submitted within 10 business days; no filing fee. Unaffiliated candidates file an Unaffiliated Candidate Declaration and a petition. Delaware's criminal background check requirement does not apply to federal candidates. |
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| Fee | Set by each major party, up to 1% of the total salary for the term (15 Del. C. 3103), payable to the candidate's state party at filing. 2026 fee for U.S. House: $3,480 (Democratic and Republican). An affidavit of indigency process exists. No fee for minor-party nominees. |
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| Petition instead | No petition alternative to the major-party filing fee is listed apart from the indigency affidavit. Unaffiliated route: a petition signed by at least 1% of the total registered voters in the state as of December 31 of the year before the general election, signatures collected January 1 - July 15, filed by September 1 (Petition for Unaffiliated Candidate to Secure Ballot Status). |
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Official filing information · U.S. Constitution
President
Who can run: At least 35 years old; A natural-born U.S. citizen; A U.S. resident for at least 14 years (U.S. Constitution).
Getting on Delaware's presidential primary ballot
| How | Presidential primary for major parties (a party may opt out by written notice from its chair). A candidate is eligible if (1) affiliated with a party that appeared on the previous general election ballot and eligible for federal Presidential Primary Matching Payment funds, or (2) the candidate files a Petition for Presidential Candidate to Secure Ballot Status with at least 500 valid signatures of Delaware registered voters of the candidate's party (15 Del. C. 3184). The candidate files a Presidential Primary Candidate Filing Form and a Presidential Candidate Representative Certification Form naming one Delaware voter of the same party authorized to act for the candidate (15 Del. C. 3183, 3187). In addition, each participating party's chair gives the State Election Commissioner a list of party members already eligible for federal matching funds who have not withdrawn, and the Commissioner places them on the ballot. A candidate can be removed by affidavit. If only one candidate qualifies for a party, that candidate is declared the winner without a vote. |
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| Where | State Election Commissioner, Delaware Department of Elections. |
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| When | Primary: fourth Tuesday in April (15 Del. C. 3181(a)), April 25, 2028, unless changed by law (the 2024 primary was moved by Senate Bill 149 to April 2, 2024). Filing form and petition due no later than the 60th day before (Friday, February 25, 2028; moves to the next business day if it falls on a weekend/holiday). Party lists due 4:30 p.m. Wednesday, March 1, 2028; removal affidavits by close of business Friday, March 3, 2028. Party opt-out notice due by the earlier of the first business day of 2028 or 120 days before the primary (Monday, December 27, 2027). (expected: follows state law) |
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| Fee | None stated in statute or on the Department of Elections page. |
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| Petition | 500 valid signatures of Delaware registered voters of the candidate's party, unless the candidate is already eligible for federal primary matching funds. |
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Sources: Presidential (elections.delaware.gov)
Running as an independent in November
| How | Unaffiliated candidates must file, on forms set by the State Election Commissioner, a sworn declaration that the candidate has not been affiliated with any political party for at least 90 days before filing, plus nominating petitions signed by at least 1% of the total number of voters registered in Delaware as of December 31, 2027. Each signer gives signature, printed name, registered address, Social Security number and date; each petition is prepared for the signer's county and carries a notarized circulator statement. Statewide unaffiliated candidates must also request a criminal history background check from the State Bureau of Identification no earlier than 90 days before the filing deadline and show proof before filing the declaration; the Commissioner must find the candidate qualified by September 20 (15 Del. C. 3002). |
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| Where | State Election Commissioner (declaration); petitions filed with the Department of Elections. |
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| When | Petitions circulated between January 1 and July 15, 2028; declaration and petitions due by close of business on September 1, 2028 (a Friday) (15 Del. C. 3002(b), (d)). (expected: follows state law) |
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| Fee | None stated in statute (the background check is paid by the candidate). |
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| Petition | At least 1% of total registered voters in Delaware as of December 31, 2027. |
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| Also | 15 Del. C. 3002 is the general unaffiliated-candidate rule; no presidential-specific Department of Elections guide was found, and the pages read do not say whether a running mate or elector slate must be named at filing. Some provisions (90-day non-affiliation, background check, Article II section 21 qualification) are written for state candidates; confirm their application to presidential candidates with the State Election Commissioner. |
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Sources: delcode.delaware.gov
Campaign money
- Once you raise or spend more than $5,000, file a Statement of Candidacy (FEC Form 2) within 15 days.
- Your campaign committee then files a Statement of Organization (FEC Form 1) within 10 days and reports to the FEC.
FEC: registering as a candidate · FEC campaign guides
Checked November 4, 2026. Rules can change; confirm with Delaware's election office and the FEC before you file. ← All states
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