Sussex County Department of Elections v. Sussex County Republican Committee

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 consider events that occurred after the candidate withdrew. We conclude that the withdrawing candidate was incapacitated and therefore AFFIRM the…