‘Major win’: Delaware Court of Chancery rules in favor of Wilmington city councilman in fight to keep his seat

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Wilmington City Councilman James Spadola will keep his seat after the Delaware Court of Chancery sided with him over the rest of the council.

Spadola, an at-large member, sued earlier this year after the council moved to oust him for switching from Republican to a Democrat.

“It’s a major win for voting rights, for democracy,” he told WHYY News. “And for the people who voted to choose their representative and not let a legislative body overthrow that election and handpick a successor.”

Spadola had been the lone Republican on council since 2020. His move in October 2025 to become a Democrat sparked controversy because it meant no minority party was represented in the membership. Spadola said he switched his political affiliation because he disagreed with the policies of President Donald Trump.

The city’s law department opined that Spadola’s actions were legal and it did not violate the city charter. But Council President Ernest “Trippi” Congo said the switch violated the city’s charter and demanded Spadola switch back, or face possible removal.

Spadola went to court after a majority of council members voted yes in May on Congo’s resolution to declare Spadola’s seat vacant.

Chancery Court Chancellor Kathaleen McCormick ruled Thursday that the city’s charter does not expressly prohibit post-election party switching, so the council did not have the authority to try to remove him for that reason.

Congo did not respond to a request for comment.

The case has revolved around qualifications for office and which part of the charter takes precedence. Spadola successfully argued that there is nothing in the city’s charter that prohibits a member from changing their political affiliation.

Congo’s argument focused on the section outlining the election of council members. The council has 13 members, including eight district seats, four at-large seats and a council president.

The city’s charter has a provision which states each party can nominate only three members for the four at-large seats.

Because just three Democrats can be on the general election ballot, a Republican has always won the fourth at-large seat. Far more Wilmington residents are registered as Democrats than as Republicans.

Congo has maintained that the requirements for electing members make clear that at least one council seat is reserved for a member of a minority party.

Spadola said he holds no grudges against his fellow council members who voted to remove him. He has also dismissed the idea that he switched parties to position himself to run for mayor in 2028.

“People are always going to look for the worst interpretation of things,” he said. “As of right now, I’m focused on serving the people of Wilmington, and just very happy with the court’s decision.”

The Wilmington City Council has asked state lawmakers to change the charter to require at least one at-large seat be filled by a member of a nonmajority party and bar people from switching parties while serving in office. But no lawmaker has introduced legislation to do that.

The next city council meeting is scheduled for Oct. 1.