Delaware
Why Delaware elections commissioners rarely enforce campaign finance laws
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Delaware elections officials have the authority to investigate campaign finance violations, but that oversight has never been used.
The state Department of Elections said that it has “no records” of probes conducted using the most basic power given to Delaware election commissioners: investigating “information coming to the attention of the commissioner that, if true, would constitute” a violation of campaign finance laws.
Even though Lt. Gov. Bethany Hall-Long publicly acknowledged campaign finance issues, the Elections Department has steered clear of using its investigatory powers to ensure that the gubernatorial candidate’s campaign hasn’t violated Delaware law.
Instead, Delaware voters and taxpayers are left to take Hall-Long’s campaign at their word when it announced the internal audit found “no wrongdoings or violations.”
The campaign has repeatedly declined to release the audit, instead claiming the amended campaign filings “fully convey” the results of the probe. Yet, those filings do not provide clarity on what the hundreds of thousands of dollars in loans paid for, causing some to question whether payments went directly to Hall-Long’s husband and campaign treasurer, Dana Long, according to reporting by WHYY.
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Department officials said they have neither received a copy of the audit nor are they conducting a third-party review of Hall-Long’s campaign finances, and refused to answer questions on what Delawareans must do to prompt the election commissioner to use their investigatory powers.
“The department does not comment on any potential or pending campaign finance-related reviews or investigations that may be conducted,” said department spokesperson Cathleen Hartsky-Carter in an email following repeated Delaware Online/The News Journal questions regarding this authority.
What authority do election officials have?
The duties and responsibilities of the Department of Elections and respective election commissioner are spelled out in the State Code, but elections officials have provided contradictory statements on those powers.
Per Title 15, Section 302 of Delaware Code, election commissioners have the authority to “investigate information coming to the attention of the commissioner that, if true, would constitute a violation of Chapter 80 of this title,” which is to say election officials can investigate campaigns for compliance with state laws regarding campaign expenditures and contributions.
Yet, elections officials say they have no records of probes conducted under this authority, and when a News Journal reporter asked about these powers, Hartsky-Carter initially said State Code “does not authorize the department to review or audit campaign finance reports.”
Pressed further, the department spokesperson responded that she was “not referring to the authority the department has under Title 15, Section 302, but stating that the department is not required by Delaware Code to review the content of submitted campaign finance reports.”
How one can investigate potential violations of campaign finance law without reviewing the reports is unclear, but even the department website notes the commissioner’s duties to investigate violations of the state’s campaign finance laws.
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The commissioner is appointed by the governor and confirmed by the Delaware Senate for a four-year term, and is an “ex officio member of the State Board of Elections” who attends all board meetings; provides supervision of the department; and develops regulations, policies and guidelines as outlined in Delaware Code.
The commissioner’s powers are further enumerated in Title 15 Ch. 80 Subchapter V on enforcement, which says the commissioner “shall at the request of any person, make a ruling that applies this chapter to a set of facts specified by the person.”
The last time those powers were used was in 2018 when the election commissioner at the time issued two advisory opinions, both of which found no violations of state campaign finance laws.
Using campaign finance enforcement authority
The election commissioner has issued seven advisory opinions in the last 15 years, which are prompted by questions voters, political committees and candidates may ask in regard to campaign finances and the election process.
The commissioner weighs in on a variety of questions and concerns, from a 2010 opinion on whether a candidate can use campaign funds to pay legal fees to a 2018 opinion on whether two elected officials violated state campaign finance laws.
In the latter opinion, then-election Commissioner Elaine Manlove absolved state Treasurer Ken Simpler and Senate Minority Leader Greg Lavelle of wrongdoing, but noted Lavelle serving as treasurer of a political action committee that spends money backing his campaign toed the line.
“While I believe his use of the mailings at issue steps right up to the legal line and the distinction in the statute, I reluctantly conclude his use of electioneering communications to support his own campaign does not step over the line is technically permitted,” Manlove wrote in the Oct. 26, 2018 opinion. “In my view, however, though legal, the practice is not consistent with the spirit of the law intended to promote transparency, fairness and clarity for voters and the election process.”
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State Justice Department officials say there have been only two instances when potential campaign finance issues were referred to the department’s Office of Civil Rights and Public Trust for criminal prosecution. But after state attorneys reviewed the cases, they determined there wasn’t enough evidence to move forward.
One of the few powers that Delaware election commissioners have exercised is issuing penalties for campaigns and candidates when they file late reports, but even those instances have lacked teeth.
A law recently passed by the General Assembly caps the $50 a day citation at 100 days and revised the commissioner’s duties so that the election official can pick and choose when to levy a fine for tardy reports. It also allows the election commissioner to negotiate a settlement of the outstanding fine, which applies retroactively, opening the door for people with huge outstanding fines to potentially waive them entirely.
How voters can prompt action
The public can contact the Elections Department with questions or concerns about filed campaign finance reports, Hartsky-Carter said.
“The department’s campaign finance team reviews the concern raised and provides a response and, if necessary, contacts the committee about which the inquiry was made (without revealing the identity of the individual inquiring) to share the concern or question raised,” she said.
If the “inquiry reveals that an amendment may be needed to a filed report,” Hartsky-Carter said the department works with the committee to ensure those amended reports are filed.
To contact the Elections Department with questions or concerns, email COE_Vote@delaware.gov or call 302-739-4277.
Got a tip? Contact Amanda Fries at afries@delawareonline.com, or by calling or texting 302-598-5507. Follow her on X at @mandy_fries.
Trump also started the process of withdrawing the U.S. from the Paris climate agreement Monday and ordered agency heads to review all regulations that restrict “consumer choice” of appliances. Experts have said Biden-era energy efficiency standards for appliances would be difficult for the new administration to reverse.
While Biden’s expanded tax credits for home electrification and energy efficiency under the Inflation Reduction Act have disproportionately benefited wealthy households, the home energy rebate programs are expected to help low- to moderate-income households afford home improvements that will reduce their energy bills. In Philadelphia, Black, Hispanic and low-income residents spend more of their income on energy costs than households overall.
“These rebates are really important because they help working families in the United States access dollars that help lower the cost of these better, more efficient machines that are going to save them money on their energy bills,” said Ari Matusiak, CEO of Rewiring America, a national nonprofit that promotes electrification and related government rebates and tax credits.
States design their rebate programs within guidelines set by the U.S. Department of Energy under the Biden Administration, which require some of the money be reserved for families under certain income thresholds.
Pennsylvania, Delaware and New Jersey all plan to launch their rebate programs this year, with Pennsylvania aiming for rollout of some rebates in “early 2025.”
The three states plan to offer all types of rebates available under the federal program, including rebates for appliances, home electrification infrastructure and energy-saving home retrofits. Pennsylvania plans to restrict the energy-saving home retrofit rebates to multifamily housing.
Income eligibility requirements for some of the rebates will vary by state, but all three states plan to restrict appliance rebates to households earning no more than 150% of area median income.
It’s crucial that the rebates reach low-income neighborhoods with high rates of energy poverty, said Pamela Darville, a volunteer with POWER Interfaith who helps lead the organization’s climate justice and jobs team. She wants to see Pennsylvania do extensive outreach about the programs in these communities, make the application user-friendly and available in multiple languages, partner with community-based organizations to find eligible applicants, offer long-term maintenance assistance and ensure the rebates reduce costs up front, so there’s no need for families to wait to be reimbursed.
“Those are just some of the things that we think will lay the foundation for equitable rollout by the state,” Darville said. “We all want energy-efficient appliances, but some of us just can’t afford it.”
WILMINGTON – Today, in his first executive action as Governor of Delaware, Governor Matt Meyer signed Executive Order #1, ordering state agencies to prioritize the development of youth apprenticeship programs across the state.
Led by the Delaware Department of Education, Executive Order #1 establishes a statewide working group consisting of at least 15 members from across labor, educational, and nongovernmental sectors, with the ultimate goal of developing proposed processes and policies to expand youth apprenticeships and workforce development across the state.
“If we’re serious about educating our kids, then we need to be serious about the opportunities we want them to have,” said Governor Meyer. “Workforce development programs for youth are integral to growing Delaware’s economy in a way that all families can prosper. This executive order aims to improve access to apprenticeships so we can better prioritize the needs of working families, invest in our children’s futures, and ensure we’re building an efficient and sustainable 21st-century economy.”
Read the Full Executive Order Here.
Governor Meyer is committed to using the full power of his office to bring meaningful change to Delaware. The order will implement immediate, actionable measures that aim to reform how we prepare our kids for the jobs of tomorrow. By bringing stakeholders from across Delaware to the table, Governor Meyer is laying the foundation for a more sustainable, equitable, and prosperous Delaware for generations to come.
For any questions or to schedule a one-on-one interview with Governor-elect Meyer, please contact Mila Myles at mila.myles@delaware.gov.
About Delaware Governor Matt Meyer
Governor Matt Meyer is a former public school math teacher and small business owner who served as New Castle County Executive from 2017 through January 2025. As the leader of Delaware’s largest local government, Matt proved that government can still work for the people– delivering real results for real people and making real progress for Delaware’s working families. Governor Meyer aims to bring that same result-driven leadership to the state by creating an effective government that reflects our values and priorities.
From Wilmington to Kenya and Iraq: Growing up in Delaware, Matt attended schools in the Brandywine School District, followed by Wilmington Friends School, and then studied Computer Science & Political Science at Brown University. He then moved to Nairobi, Kenya, where he learned Swahili and created Ecosandals, a recycled footwear company that sold environmentally friendly footwear to customers in 17 countries on five continents. Matt subsequently spent 12 months in Mosul, Iraq, as a diplomat embedded with the United States Army during Operation Iraqi Freedom and Operation New Dawn.
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Related Topics: executive order, Governor Matt Meyer
Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.
Here you can subscribe to future news updates.
WILMINGTON – Today, in his first executive action as Governor of Delaware, Governor Matt Meyer signed Executive Order #1, ordering state agencies to prioritize the development of youth apprenticeship programs across the state.
Led by the Delaware Department of Education, Executive Order #1 establishes a statewide working group consisting of at least 15 members from across labor, educational, and nongovernmental sectors, with the ultimate goal of developing proposed processes and policies to expand youth apprenticeships and workforce development across the state.
“If we’re serious about educating our kids, then we need to be serious about the opportunities we want them to have,” said Governor Meyer. “Workforce development programs for youth are integral to growing Delaware’s economy in a way that all families can prosper. This executive order aims to improve access to apprenticeships so we can better prioritize the needs of working families, invest in our children’s futures, and ensure we’re building an efficient and sustainable 21st-century economy.”
Read the Full Executive Order Here.
Governor Meyer is committed to using the full power of his office to bring meaningful change to Delaware. The order will implement immediate, actionable measures that aim to reform how we prepare our kids for the jobs of tomorrow. By bringing stakeholders from across Delaware to the table, Governor Meyer is laying the foundation for a more sustainable, equitable, and prosperous Delaware for generations to come.
For any questions or to schedule a one-on-one interview with Governor-elect Meyer, please contact Mila Myles at mila.myles@delaware.gov.
About Delaware Governor Matt Meyer
Governor Matt Meyer is a former public school math teacher and small business owner who served as New Castle County Executive from 2017 through January 2025. As the leader of Delaware’s largest local government, Matt proved that government can still work for the people– delivering real results for real people and making real progress for Delaware’s working families. Governor Meyer aims to bring that same result-driven leadership to the state by creating an effective government that reflects our values and priorities.
From Wilmington to Kenya and Iraq: Growing up in Delaware, Matt attended schools in the Brandywine School District, followed by Wilmington Friends School, and then studied Computer Science & Political Science at Brown University. He then moved to Nairobi, Kenya, where he learned Swahili and created Ecosandals, a recycled footwear company that sold environmentally friendly footwear to customers in 17 countries on five continents. Matt subsequently spent 12 months in Mosul, Iraq, as a diplomat embedded with the United States Army during Operation Iraqi Freedom and Operation New Dawn.
###
Related Topics: executive order, Governor Matt Meyer
Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.
Here you can subscribe to future news updates.
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This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.
Delaware is set to welcome its 76th governor Tuesday. Democrat Matt Meyer is being sworn in at Delaware State University in Dover. State Sen. Kyle Evans Gay will become his lieutenant governor.
The ceremony was moved indoors amid dangerously cold temperatures.
Meyer was New Castle County executive from 2017 to 2025. He won the September Democratic primary for governor against Gov. Bethany Hall-Long and former state environmental chief Collin O’Mara, then beat former Republican House Minority Leader Mike Ramone in last year’s general election. Gay came out ahead of former Republican state Rep. Ruth Briggs King in November.
Hall-Long, the state’s lieutenant governor for the past eight years, assumed the position as Delaware’s top executive for a two-week stint after former Gov. John Carney resigned early to become the mayor of Wilmington on Jan. 7. Both were term-limited in their previous roles.
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