‘Declaring your seat vacant’: Wilmington Council president threatens only elected Republican after he becomes a Democrat

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Republican politicians don’t have much of a chance in Wilmington elections.

Residents of Delaware’s largest city, where Democrats hold a nearly 9-1 voter registration advantage over Republicans, haven’t elected a mayor or treasurer from the GOP for more than 50 years.

And on the 13-member City Council, only one Republican at a time has held a seat for the last three decades.

Republicans have only held that one Council seat, however, because of a provision in the city charter.

The charter stipulates that each party can only nominate three members for the four Council at-large seats in the city of 73,000 people. At-large members represent the whole city, as opposed to specific districts.

Since only three Democrats can be on the general election ballot, one Republican has always won the fourth at-large seat.

Since 2020, that Republican has been James Spadola, a former Newark police officer.

But in October, citing his disenchantment with President Trump’s second term, Councilman Spadola became a Democrat — leaving the GOP without any of Wilmington’s 15 elective offices.

The switch was made with little fanfare.

Council President Trippi Congo did seek an opinion from the city Law Department on whether Spadola’s action was legal and said he was informed that it did not violate the city charter.

But last month, Congo threatened Spadola with possible removal from office if his colleague didn’t rejoin the Republican Party.

Congo cited the city charter, which reads, “not more than three (3) candidates for councilmen-at-large shall be nominated pursuant to law by any party or other political body.”

Congo wrote to Spadola that he and some Council colleagues are concerned that “your recent change in party affiliation has resulted in a configuration that is inconsistent with the Charter’s structure and its longstanding intent to preserve minority-party representation among the at­-large seats.”

Congo urged Spadola to rejoin the GOP by Feb. 16, but “should the matter remain unresolved after that date, we will consider next steps, including declaring your seat vacant.”

Spadola ignored the request and hired a lawyer. In recent days, he took to social media to denounce Congo’s position.

In an interview with WHYY News this week, Spadola said that the charter says nothing about changing parties after the election and only stipulates the maximum number of  candidates each party can nominate for the four at-large seats.

“He was playing lawyer and it was a very poor legal interpretation,’’ Spadola said of Congo.

“The burden isn’t on me to prove I can change parties. The burden is on anybody who thinks they can overthrow an election to make their case.”

Congo told WHYY News that Spadola’s party change defied the charter’s goal.

“It’s very clear what the charter intended, to have some representation from a minority party and that’s always been the Republican Party,’’ Congo said. “It could be the Green Party, it could be the independent Party, it could be any party.”

Congo agreed the charter doesn’t address changing parties, but said Spadola should not have done so after running as a Republican to win the GOP’s only seat.

“He exploited a loophole. I just don’t think that’s right,’’ Congo said. “You know, I saw a saying a few weeks ago that says, ‘Just because you might have the right to do something, doesn’t mean that it’s right to do it.’”

Spadola countered that he didn’t exploit a loophole at all but had engaged in a legal act — changing his party affiliation, which the charter doesn’t address.

Both men said their public dispute is not personal, but neither is giving ground.

Spadola said he’s prepared to file a court action if Congo tries to remove him.

As for Congo, he called a meeting of all Council members Thursday night, seeking their views on a resolution seeking a change in the charter, which by state law would have to be made by the Delaware General Assembly.

The proposed change could be voted on at a future Council meeting. It would require members to “remain with the same political party affiliation for the entire term for which he was elected to the City Council.”

The proposal would also mandate that “a councilman forfeits his seat by changing his political party affiliation during the term in which he was elected.”

Spadola said that even if Council passes the resolution, state lawmakers would likely ignore the request.

The more prudent charter change, if one must be made, Spadola said, is to eliminate the cap on the number of each party’s nominations for the four at-large seats.

In the meantime, Spadola said he’s honored to serve out his second four-year term as a Democrat.

And if he seeks re-election in 2028, “I’ll be running as a Democrat.”