Lawmakers don't have the votes to remove indicted Auditor Kathy McGuiness

Sarah Gamard
Delaware News Journal

Delaware House lawmakers don't have enough votes to petition the governor to remove indicted Auditor Kathy McGuiness, who refuses to step down or take a leave of absence while she faces an indictment for alleged abuse of office.

Instead, they appear to prefer a proposal from the Senate to ask the courts for advice on how to execute the constitutional law that sanctions the removal process, which has not been touched in living memory.

Through a resolution, lawmakers could ask the governor to remove McGuiness from office. According to the state constitution, the General Assembly can petition the governor to remove McGuiness. If two-thirds of members of both chambers petition, the governor may remove an officer for "any reasonable cause."

But lawmakers apparently aren't ready to do that.

Rep. Madinah Wilson-Anton, a Democrat from Newark, and Rep. Michael Smith, a Republican from Pike Creek, were the only two lawmakers on Oct. 22 to propose such a petition via a resolution. 

They wanted lawmakers to vote on their resolution on Nov. 1 while they are in a special session to redraw district maps with 2020 census data. 

On Thursday, less than a week later, Wilson-Anton said she didn't have the votes.

Lawmakers are instead supporting the Senate's idea to first ask the Delaware Supreme Court for guidance on how to make sure the removal process is constitutionally sound.

That path offers many lawmakers a political "out," Wilson-Anton said.

"It's giving cover to legislators that either don't want to do anything or want to protect Kathy," Wilson-Anton said. "So now we're playing wait-and-see."

Legislative leaders had responded earlier this week to the proposed Nov. 1 vote by citing confusion over the three-sentence law that describes the removal process, arguing that they need to do more research before they try to boot McGuiness out of office.

Earlier this month, leaders had asked McGuiness to take a leave of absence until the investigation into her alleged misconduct is complete. She refused.

McGuiness was indicted earlier this month on two felony charges and three public-corruption misdemeanors. She is charged with breaking nepotism rules in hiring her daughter to a position in the auditor’s office, rigging public contracts to avoid fiscal oversight, and discriminating against and spying on those who questioned her.

McGuiness has pleaded not guilty.

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READ THE INDICTMENT:Delaware state Auditor Kathy McGuiness indicted on 2 felony charges

Sarah Gamard covers government and politics for Delaware Online/The News Journal. Reach her at (302) 324-2281 or sgamard@delawareonline.com. Follow her on Twitter @SarahGamard.