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Del. Supreme Court denies Gunn appeal

Tom Byrne/Delaware Public Media

The Delaware Supreme Court has declined a request to review the controversial results of last year’s Kent County Recorder of Deeds race.

In his opinion, Justice Randy Holland said Republican La Mar Gunn waited months past the 30-day time limit to file an appeal and that the delay in requesting the review didn’t qualify as an “exceptional” circumstance to review it.

On Election Night last November, Gunn won the race against incumbent Democrat Betty Lou McKenna by two votes, which triggered an automatic recount.

The Kent County Board of Canvass conducted three recounts – the first two increasing Gunn’s lead. The board’s third recount flipped the two-vote margin of victory to McKenna and it was immediately certified.

In May, Holland dismissed a Superior Court ruling that found the recount results “abnormal” saying that court didn’t have jurisdiction to make such a decision.

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