Delaware Chancery Court to rule on Wilmington City Council’s bid to oust member who switched political parties

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Wilmington City Councilman James Spadola made his case Tuesday to retain his seat after the council moved to oust him for switching political parties.

Delaware Chancery Court Chancellor Kathaleen McCormick heard arguments about whether Spadola’s decision to change his party affiliation violated the city’s charter.

The controversy began in October 2025 when Spadola, the only Republican member, changed party affiliation from Republican to Democrat, citing his opposition to President Donald Trump’s policies. Council President Trippi Congo then threatened to remove him unless he switched back, which he declined.

A majority of council members voted yes on Congo’s resolution in May that declared Spadola’s seat vacant.

The council president, who attended the hearing, said he felt confident that his side would prevail.

“Our attorney made an excellent argument,” he said. “She presented a lot of facts that hopefully the courts will see our way.”

The case revolves around qualifications for office and which part of the charter takes precedence.

One section focuses on the election of council members. The council has 13 members, including eight district seats, four at-large seats and a council president.

Historically, at least one Republican has served on the Wilmington City Council because of a provision in the city’s charter that allows each party to nominate only three members for the at-large seats, who represent all 73,500 people living in the city. Because just three Democrats can be on the general election ballot, a Republican has always won the fourth at-large seat.

Since 2020, that’s been Spadola, a former Newark police officer.

Jane Brady, Congo’s attorney and former judge and Delaware GOP chairperson, said the requirements that are spelled out for electing members make clear that at least one council seat is reserved for a member of a minority party.

“He chose to join the majority,” she said. “He made a choice with consequences. He became disqualified by virtue of his decision and his seat is properly vacated by the resolution.”

However, Spadola’s attorney, Bill Larson, pointed the court to another section of the charter that lists qualifications for holding office, such as residency and age requirements.

“There is no provision in the current charter to remove someone from office or changing parties,” he said. “Frankly, that should be the end of the discussion. This can be resolved on the plain meaning of the charter provisions.”

McCormick did not indicate when she would issue a ruling.

Congo said that if the court upholds the council’s vote to vacate Spadola’s seat, they would appoint a new member. Despite the charter specifying that the person filling a vacancy must be a member of the same party as the departing council member, he said the seat would probably be filled by a Republican.