It’s not yet clear whether Wilmington City Council can vacate Councilmember James Spadola’s seat, but they passed a resolution aiming to do just that.
Wilmington’s charter states there must be at least one at-large seat represented by a minority party. Since every other Councilmember is a Democrat, that seat is often filled by a Republican.
Spadola was re-elected as a Republican in 2024 but changed his party affiliation to the Democratic Party in October 2025.
Spadola challenged the effort to remove him in Delaware’s Court of Chancery and said Council should have waited for that court’s opinion before any vote.
“So I just want you to sit with that as you contemplate your vote,” Spadola said. “The head Chancellor said not two hours ago what I just said, that she's surprised that Council would want to move forward on this before the court could rule on its merits.”
Since Spadola changed his affiliation to Democrat, Congo has consistently argued that goes against code and put Spadola’s seat at risk. The Chancery Court is still weighing the matter, so Spadola will continue to serve in his seat in the meantime.
“But like you said, Council President, this vote will have no force or effect,” Spadola said. “It is a show vote, and I joined the Democratic Party because it is a big tent party. And despite the lack of inclusiveness that this Council may be showing me, I have full faith the rule of law will prevail.”
Spadola was the sole vote against the resolution, with eight Councilmembers voting in favor, two voting present and two absent.
