Senate Majority leaders filed a resolutionThursday that would begin the process of removing McGuiness by convening for a vote on July 25th.
In a statement, Senators David Sokola, Brian Townsend and Elizabeth Lockman wrote that “an elected official who abuses their power and violates the law should not be employed at that tax-payer funded job any longer.”
"The Auditor’s refusal to place the public's interest ahead of her own compels the Delaware State Senate to initiate removal proceedings," they added.
The Senate’s vote represents one of three paths to removing a state official from office laid out in Delaware’s constitution. On Friday, House Democrats sent a letter to Gov. John Carney asking him to use a different option: simply removing McGuiness himself without the legislature. House Democrats argue Carney is constitutionally obligated to remove McGuiness after her conviction for three public corruption misdemeanors.
A House Majority spokesman says the lawmakers’ letter represents a current consensus among House Democrats, but it does not preclude other actions, including a vote on McGuiness’ removal in the House. That would require House Speaker Pete Schwartzkopf to call a special session; Schwartzkopf was not available for comment Friday.
In a statement to Delaware Public Media Friday, House Majority leader Valerie Longhurst argued that her caucus’ letter supports the “clearest and most direct path” to removing McGuiness. She notes holding votes in the Senate and House would require hearings in which McGuiness would be permitted to call witnesses and introduce evidence, as well as a two-thirds majority vote of both chambers to ask Carney to remove McGuiness - a request that would not be binding.
"The governor, under that section of the law, may – not must – remove the official," she wrote.
McGuiness has resisted calls to resign, and Carney has indicated he does not plan to remove McGuiness until after sentencing.
