SUSSEX DEPT. OF ELEC. v. SUSSEX REPUBLICAN

No. 581, 2012.

58 A.3d 418 (2013)

SUSSEX COUNTY DEPARTMENT OF ELECTIONS, Kenneth L. McDowell, Elaine Manlove, and Delaware Department of Elections, Defendants Below, Appellants, and The Democratic Party of the State of Delaware, Intervenor Below, Appellant, v. SUSSEX COUNTY REPUBLICAN COMMITTEE, the Republican State Committee of Delaware and Brian Pettyjohn, Plaintiffs Below, Appellee.

Supreme Court of Delaware.

Decided: January 16, 2013.


Attorney(s) appearing for the Case

Ian R. McConnel , State Solicitor; Ann Woolfolk and Ilona Kirshon , Department of Justice, Wilmington, Delaware, for appellants.

Lisa B. Goodman , James M. Yoch , and Paul L. Loughman , Young Conaway Stargatt & Taylor, Wilmington, Delaware; Elizabeth Daniello Maron , Maron Marvel Bradley & Anderson, P.A., Wilmington, Delaware, for Intervenor appellant.

William E. Manning and Richard A. Forsten , Saul Ewing LLP, Wilmington, Delaware, for appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en banc.


STEELE, Chief Justice:

In this appeal, we consider whether the Chancellor correctly interpreted 15 Del. C. § 3306, which allows political parties to replace candidates who become incapacitated. We hold that, under the statute, the term incapacity includes situations where a candidate would be practically incapable of fulfilling the duties of the office in a minimally adequate way. In determining whether the standard was met, the Chancellor could...

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