Special Elections for Senate Districts 1 and 5
Even if you don’t live in Delaware’s Senate Districts 1 or 5, you’ve probably heard about the special elections taking place this Saturday. These seats were vacated after Senators Kyle Evans Gay and Sarah McBride won higher office positions. Both Senators were in the middle of their four-year terms. Delaware’s Senate operates on a 2-4-4 term system, which means every ten years, all Senate seats are up for election following the redrawing of legislative district boundaries. This ensures that every seat in the Senate is contested in a cycle that aligns with the new district boundaries.
Now, the special elections in Districts 1 and 5 are critical because they could shift the balance of power in Delaware’s Senate, this is particularly true for issues like assisted suicide where there isn’t a pure party split on the matter. These races are much more than local contests—we could see such a major issue pushed back yet again in the ever contentious fight.
District 1 was previously held by Sarah McBride, who made history as the first openly transgender person elected to the US Senate. McBride continues to make headlines, most recently with her involvement in the ongoing debate over Representative Nancy Mace’s controversial bathroom bill. But we’ll save that discussion for another time. For now, let’s focus on the three candidates vying for her seat: Dan Cruce, Steve Washington, and Riley Figliola. DFPC Action reached out to all candidates in both races with a survey request, but only one candidate responded. The following quick reviews are based on information gathered from their websites—or, in some cases, the lack thereof.
Cruce, the Democrat, has positioned himself as a strong activist for abortion, proudly supporting Delaware’s move to codify Roe v. Wade in the state constitution. He also supports laws like the ‘permit to purchase’ for firearms and ‘no-excuse absentee voting,’ policies that have dangerous implications for Second Amendment rights and election integrity, respectively.
On the Republican side, Steve Washington is campaigning on issues such as improving education, affordable housing, and prison reform. His platform is grounded in the belief that “education makes all other fields possible.” Washington previously ran against McBride in 2020, and his message now seems focused on making a broad appeal to Delaware voters.
Riley Figliola, the nonpartisan candidate, seems to be a bit of an unknown factor in this race. The Nonpartisan Party of Delaware hasn’t produced much on their website over the last couple of years to provide an approximate stance on issues and Figliola’s campaign hasn’t seemed to make much noise in terms of outreach. A win for Figliola as a Nonpartisan candidate would be a rarity.
Turning to District 5, which was vacated by now-Lt. Governor Kyle Evans Gay, we have two major contenders: Republican Brent Burdge and Democrat Ray Seigfried, a former representative from House District 7. This race presents a clear contrast in political ideologies and approaches to key issues facing Delaware today.
Brent Burdge, the Republican candidate, is focused on promoting fiscal responsibility and regulatory restraint. His platform also includes a firm stance on social issues, most notably his pro-life position. Burdge opposes assisted suicide, arguing instead that Delaware should invest more in hospice and palliative care services, ensuring that patients nearing the end of life receive the care and support they need without resorting to life-ending drugs.
On the other side, Ray Seigfried, who lost his seat to the current Representative Larry Lambert, is a staunch advocate for reproductive rights and personal autonomy. He views reproductive freedom as a cornerstone of personal autonomy and public health, stating that individuals should have the right to make their own decisions about their bodies without government interference.
A Burdge victory would move towards a shift in the state’s legislative makeup, challenging Delaware’s longstanding progressive policies, particularly on this issue of assisted suicide. Conversely, a Seigfried victory would likely maintain the current stronghold that is the Democratic supermajority.
As the race come to a close this weekend, it’s clear that the outcome of this election could have lasting implications not just for the district but for the broader direction of Delaware’s policies.
The Assisted Suicide Bill – Key Legislative Implications
Now, let’s take a closer look at a piece of legislation that has huge implications for Delaware and could be one of the key factors driving this election: HB 140, the assisted suicide bill.
This bill would allow patients to request life-ending drugs. On the surface, it’s framed as an issue of personal choice—empowering individuals to make decisions about their own lives. But the debate surrounding this bill is far more complicated. The ethical questions it raises about the role of the state in regulating life-and-death decisions are profound. If passed, HB 140 would mark a significant shift in Delaware’s healthcare policy, spiraling the medical ethos to be one of death.
The bill almost passed last year but, had quite a bit of movement in the process. Senator Kyra Hoffner, who initially abstained from voting, would’ve cause the vote to end in a tie. Senator Townsend changed his vote at the end, going against the bill momentarily to allow for a procedural maneuver that would bring it back to the Floor for further discussion.
When the bill came back, Hoffner read through her prepared speech in tears, ultimately choosing to cast a vote in support of the bill. This year, there is even less possibility for a tie as Hoffner’s position has become clearer. She is now listed as a co-sponsor of the bill.
The Senate vote on HB 140 is expected to come down to the wire again. In the event of a 10-10 tie, Lt. Governor Kyle Evans Gay will cast the tie-breaking vote. Given her previous stance, it’s almost certain that she will vote in favor of the bill. This makes the special elections in Districts 1 and 5 even more crucial, as these new seats could play a role in shifting the balance on this issue.
Governor Matt Meyer’s Support and the Stakes of the Special Election
So, just to clarify the critical nature of both Senate seats, if the bill meets no resistance, it goes straight to Governor Matt Meyer, with the least amount of resistance, a single abstaining vote, sending it to the Lt. Gov for the tie-breaker.
We’ve shared a bit about Gay’s political background and stance, but it necessary to also remember that Governor Matt Meyer quite literally ran his campaign on a platform of supporting the assisted suicide bill. He has even gone so far as to pledge to sign it into law once it reaches his desk. “I stand with those who support medical autonomy and the right to die with dignity and, if elected, will make this law. We must continue together to champion policies that respect the personal freedoms of all Delawareans.“
This is a big shift from former Governor John Carney, who vetoed the bill when it was presented to him last year.” That means the only potential hindrance to assisted suicide from making it to either Gay or Meyer would be an additional no vote in the Senate.
That means the outcome of the special elections could tip the scales. If Republicans gain ground in these two districts, there could be enough resistance in the Senate to prevent the bill from passing.
The Bigger Picture – How These Elections Shape Delaware’s Future
For just a moment, let’s step back into Meyer’s statement regarding autonomy. We discussed it during the last update as well when speaking on the issue of autonomy, as it extends even beyond assisted suicide. When is autonomy at the expense of a person’s health and safety too far? At what point does the government have the right to intervene and not sanction a person’s desire to ‘autonomously’ cause harm to themselves?
This is a question that lawmakers, particularly those voting on the assisted suicide bill, have to grapple with. On the one hand, autonomy seems to be the attractive buzzword to ensure—the right of individuals to make decisions about their own lives. On the other hand, the state has a responsibility to ensure that individuals are not coerced into making harmful decisions, especially when it comes to something as irreversible as ending a life.
Could what we can refer to as the “Sanctity of Autonomy” shape other legislation? This framework of autonomy also plays a role in another key piece of legislation that has already been filed—the constitutional amendment creating a right to privacy directly in Delaware’s state constitution. In essence, both pieces of legislation could be viewed as part of the same broader narrative: how Delawareans balance individual autonomy with the state’s role in protecting its citizens’ welfare.
Advocates for this amendment see the sanctity of autonomy as the cornerstone of personal freedoms. Based on legal precedents using that same phraseology, it’s likely that this concept will be tied closely to issues like reproductive rights, LGBTQ+ protections, and of course forms of end-of-life decisions.
In a world where autonomy is increasingly viewed as a fundamental right, the question becomes: at what point does a person’s right to privacy intersect with the government’s responsibility to protect its citizens? Can the state constitution be wielded to guarantee extreme medical decisions like assisted suicide?
Though many are excited about policy decisions happening at the national level, our state level policies need to be stewarded well in the meantime. Whether you’re following the debate on assisted suicide or the broader question of personal freedoms, these elections are one to watch.
By the time legislators go back in March after the Joint Finance Committee meetings, we will have two new Senators and plenty to discuss regarding the legislative makeup and agenda for the Session so far.
You can stay up to date with the legislation we’re following by using our new Bill Tracker tool, found on DelawareFamilies.org/LegislativeUpdates. That is also where you will find these weekly updates on all the latest developments in Delaware’s legislative arena.