James Spadola wins a lawsuit against Wilmington City Council, allowing him to stay in Council after changing parties from Republican to Democrat.
Spadola was elected as the lone Republican on council, but last year, announced he was switching his affiliation to the Democratic Party.
City Council President Trippi Congo then emailed Spadola demanding he switch back. When Spadola refused, Congo proposed a resolution removing Spadola.
That passed, but did not go into effect while Spadola sued in Chancery Court.
Chancellor Kathaleen McCormick ruled the Congo Resolution exceeds the Council’s authority, and it is invalid.
She says the city charter doesn’t expressly impose a post-election party-switch prohibition.
"Again, Chancellor McCormick said, 'This is a clear misuse of council authority.' Eight council members voted for that. In these times for eight council members to support such a misadventure, I think, is very concerning. Very concerning for democracy, voting rights, but I'm grateful to Chancellor McCormick and the Court of Chancery for getting it right," said Spadola.
Spadola notes the burden was always on council to prove it can overturn an election, and he said the city charter doesn’t prohibit party changes.
While city council can appeal the ruling, Spadola argues it would be silly.
Spadola says he’s glad this issue is resolved.
"I had two council members one right after called me and said, 'hey, look this to me, this wasn't about getting you off council this was about getting an opinion from the chance from the Court of Chancery,' and another just apologize before the verdict. So no I don't, I don't hold any ill will,” said Spadola. “I think there's just something to be said about how when council gets together collectively, you know, council can council as I like to say, and that's what happened here."
Spadola adds he’s not surprised by the ruling, and remains focused on doing his work representing his constituents.
