MG+M The Law Firm successfully represented Wilmington City Council Member James Spadola in a significant Delaware Court of Chancery matter challenging an effort to remove him from office following a change in political party affiliation. The court granted summary judgment in Council Member Spadola's favor and permanently enjoined the Wilmington City Council from implementing a resolution that sought to vacate his seat.
The dispute arose after Council Member Spadola, who was elected to an at-large seat on the Wilmington City Council, changed his voter registration from Republican to Democrat while serving his term. In response, the City Council approved a resolution declaring that his change in affiliation disqualified him from continuing to hold office. Council Member Spadola challenged the resolution in the Delaware Court of Chancery and obtained temporary relief keeping him in office pending the court’s decision.
In a memorandum opinion issued on September 17, 2026, the chancellor ruled that the charter provisions governing Wilmington's at-large council elections do not prohibit a sitting council member from changing political parties after taking office. The court found that the City Council exceeded its authority by attempting to remove Council Member Spadola from office based on such a change and held that the resolution was invalid.
The court further determined that Council Member Spadola continued to satisfy the charter's qualifications for office and rejected arguments that the charter should be interpreted to impose an implied prohibition on post-election party switching. As a result, the court granted summary judgment in his favor and permanently barred enforcement of the resolution.
MG+M Partners William Larson and James Carignan and Associate Wade Bredin represented Council Member Spadola in the matter.
