MILFORD, DE – The Republican primary for Delaware’s State House District 36 remains in the spotlight as only 12 votes separate incumbent Representative Bryan Shupe from challenger Patrick Smith, raising concerns about the close outcome and a potential recount.
Initially, with just 11 votes between the two candidates, the race appeared to qualify for an automatic recount under Delaware law, which triggers one if the margin is less than 0.5%. However, after an additional vote was counted overnight, the margin increased to 12, putting the race just outside the threshold for an automatic recount.
In a statement to WBOC, the Delaware Department of Elections explained in part:
"The vote differences in even the closest races fall outside the margin for recount pursuant to the provisions of Delaware Code."
Despite this, Patrick Smith has confirmed he will be requesting a recount. He emphasized the narrow margin and called for a thorough review of physical and absentee ballots.
“I definitely think there’s a narrow enough margin that something can happen—so that’s why we’re pursuing it,” Smith said. “We definitely wouldn’t be pursuing this if we thought there was any chance it was legitimate. We’re just looking to see if we can make sure and confirm the vote is exactly what it says it is.”
Representative Shupe, who currently considered the presumptive winner, expressed support for a recount in the interest of transparency.
“I would personally prefer a recount—just so everything is transparent, and everyone can see all the votes,” Shupe said. “I know that was already done, but if people have questions, I’m completely fine with it. In the general assembly, I’ve always been for transparency and openness, and if it comes down to it, or something happens, if they ask me if I want it—I’d prefer a recount.”
Although the Delaware Department of Elections has confirmed that the race will not receive a recount, Smith said he has already filed a formal recount challenge with both the Department of Elections and Sussex County Superior Court. He also called for a delay in certifying the election results until a recount is conducted.
