Pettyjohn on the ballot in state Senate race

Georgetown Republican Brian Pettyjohn's name will appear on the Tuesday, Nov. 6 ballot for voters in state Senate District 19.

In an Oct. 30 decision, Delaware Supreme Court affirmed an earlier Chancery Court decision requiring election officials to replace former Republican candidate Eric Bodenweiser with more than a blank sticker on Election Day.

Bodenweiser officially withdrew from the race Oct. 17, days before he was charged with more than 100 felony sex crimes involving a child.

For nearly two weeks, Republicans feared only Democratic candidate Jane Hovington’s name would appear on the ballot for voters in SD 19.  Pettyjohn filed as a write-in candidate Oct. 1.

Delaware Elections Commissioner Elaine Manlove allowed Bodenweiser to withdraw from the race, but she initially refused to replace his name with Pettyjohn’s.

According to Delaware Code, a nominated candidate – who will be unable to serve if elected because of death, physical, mental or other incapacity – may be replaced on the ballot if the nominating committee files a supplemental certificate of nomination within 24 hours of determining its previous candidate is incapacitated.

Sussex County Republican Chairman Jerry Wood filed the certificate of nomination with Sussex County Board of Elections Oct. 18.  In response, Manlove asked Wood to specify the incapacity that would make Bodenweiser unable to serve if elected.

On Oct. 22, Bodenweiser was indicted by a grand jury and charged with 39 counts of rape and 74 counts of unlawful sexual contact.  The charges were brought by a now 35-year-old man who would have been between the ages of 10 and 13 when police say the crimes occurred.

Manlove sent another letter to Wood Oct. 24.  She said because Wood had not identified Bodenweiser’s incapacity, the election would be conducted with no Republican candidate on the ballot.

State and county Republican Party officials and Pettyjohn filed a lawsuit against the state and county Department of Elections, Manlove and Sussex County Department of Elections Director Kenneth McDowell Oct. 25.  The defendants claimed it was the Republican committee’s right to put Pettyjohn’s name on the ballot.

On Oct. 26, Chancery Court Chancellor Leo Strine sided with the state Republican Committee, ordering Delaware Department of Elections to place Pettyjohn on the ballot, including absentee ballots.

“I believe the seriousness of the predicament faced by Mr. Bodenweiser makes him incapacitated to serve,” Strine said.  “...Mr. Pettyjohn’s name will appear on the ballot.”

Department of Elections and the Democratic Party immediately filed an appeal of Strine’s decision to the Delaware Supreme Court.

Delaware Supreme Court Chief Justice Myron Steele upheld Strine’s decision and ordered election officials to replace Bodenweiser’s name with Pettyjohn’s.

After Steele issued his ruling, Delaware Democratic Party Chairman John D. Daniello said, “I wish the decision had gone our way, but most importantly, we want to move forward.”  Daniello said the party would continue to support Hovington and keep working to get her elected in the final days before Tuesday, Nov. 6.

In an Oct. 30 statement, Sigler thanked the judiciary for allowing Pettyjohn’s name to appear on the ballot.  “In doing so, the court has assured that thousands of Sussex County voters will not be disenfranchised,” Sigler said.

In a statement after the appeal was filed, Pettyjohn said, “I am leaving these matters to others. I am concentrating on meeting the people of the 19th Senatorial District, hearing what they have to say, and doing all of the things necessary to win this election so that I can effectively represent the people of my hometown and my Senate district.”