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
On September 11, 2012, Eric Bodenweiser won the Republican Party's primary for Delaware's 19th State Senatorial District and became the party's general election candidate. Soon after his victory, Bodenweiser became the target of a Delaware State Police investigation into alleged sexual abuse of a minor. As the investigation progressed, Bodenweiser made fewer public appearances and eventually suspended his campaign on October 12. After he ceased campaigning, Bodenweiser stopped communicating with the Republican Party. On October 17, Bodenweiser unilaterally withdrew from the race. The Department of Elections then began printing absentee ballots without a Republican candidate for the 19th State Senatorial District.
Plaintiff-Appellee the Sussex County Republican Committee sought to replace Bodenweiser on the ballot with Plaintiff-Appellee Brian Pettyjohn through a supplemental certificate of nomination, a procedure that allows a political party to replace incapacitated candidates.
On October 22, a grand jury indicted Bodenweiser on 113 felony counts relating to sexual abuse of a minor. Bodenweiser turned himself in to authorities and was released on bail the next day, subject to the conditions that he be monitored via a global positioning system bracelet
The Sussex County Republican Committee, Republican State Committee of Delaware, and Pettyjohn (collectively "the Republicans") filed suit in the Court of Chancery against the Commissioner of
The Chancellor's interpretation of a statute is a question of law, which we review de novo.
In Delaware, "major political parties" must hold a direct primary election to choose their general election candidate.
The parties agree that Bodenweiser was the duly nominated Republican candidate for the 19th State Senatorial District and that he was neither physically nor mentally incapacitated. They dispute whether Bodenweiser's situation amounted to "other incapacity" as used in Section 3306.
The meaning of incapacity as it is used in Section 3306 is a question of statutory construction. When construing a statute, we attempt to ascertain and give effect to the General Assembly's intent.
Section 3306 allows political parties to replace a candidate if a "duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity."
The crux of this dispute is the breadth of the term incapacity. The Commissioner argues for what she describes as a "true and actual" incapacity standard.
Applying her "true and actual" standard, the Commissioner argues that "other incapacity" is essentially limited to situations where the candidate is ineligible for the office sought.
The General Assembly has announced the purposes underlying our election laws. Our election statutes are intended to "assure the people's right to free and equal elections" and to establish a system "[f]or the orderly and fair selection of party nominees ... and for the filling of vacancies among such nominees."
When construing a statute, it is often helpful to examine the statute's history.
The amendment to Section 3306 made it more difficult for political parties to replace candidates. After the amendment, a candidate's mere resignation or removal does not entitle his party to automatically substitute another candidate's name on the ballot. A candidate's subjective desire to withdraw from the campaign, which might be motivated by poor poll performance or the appearance of a more electable individual, is insufficient reason to replace the candidate.
The statute is equally clear, however, that in proper circumstances political parties may replace candidates after the filing deadlines have passed. Recognizing that unforeseeable exigencies might deprive voters of a true choice between candidates, the statute allows supplemental certificates of nomination to be filed in certain situations. If the candidate dies, or is physically, mentally, or otherwise incapacitated, he may be replaced.
Though the Commissioner cites no authority for her definition of incapacity, her argument appears to rely on the doctrine of noscitur a sociis, which provides that words grouped in a list should be given related meaning.
Although statutory construction canons are "aids in the quest to ascertain the legislative intent," the application of a single standard may not resolve uncertainty.
Section 3306 only requires a level of incapacity that renders the candidate unable to serve his constituents if elected. A legislator's ability to serve encompasses far more than merely being able to vote "aye" or "nay" on legislation; it includes the full scope of a legislator's duties.
The Chancellor's hypothetical is apt. In some circumstances, a candidate could theoretically perform a few official duties with significant accommodation, but could not practically serve his constituents in a minimally adequate way. The Commissioner's interpretation precludes any consideration of a candidate's practical ability to serve his constituents so long as it is possible to conceive of a way that he could perform any official duty, however inadequately. The General Assembly's intent to limit a political party's ability to replace candidates does not compel the conclusion that the General Assembly sought to bar the replacement of practically incapacitated individuals when there is no colorable argument that the replacement was pretextual. The Commissioner's interpretation is not mandated by the statute's language, and may frustrate the election statute's stated purpose to provide for "free and equal"
We view a person as incapacitated for the purposes of 15 Del. C. § 3306 if that person is practically incapable of fulfilling the duties of the office in a minimally adequate way. Only a very serious physical, mental, or other incapacity will meet this standard. Interpreting incapacity to include situations where the candidate is practically unable to fulfill his official duties if elected is consistent with the drafters' intent to limit a candidate's ability to withdraw, but without creating a nearly insurmountable standard that denies voters a true choice. This interpretation prevents candidates from withdrawing
Applying this standard to Bodenweiser, it follow that he suffers from a nonphysical, nonmental condition that renders him practically incapable of fulfilling the duties of a State Senator in a minimally adequate way. Bodenweiser is under indictment for 113 felony counts relating to the sexual abuse of a minor. He is subject to monitoring via a global positioning system bracelet and is forbidden to have contact with anyone under the age of 18.
Bodenweiser's bail conditions would make it impossible for him to meet with his constituents, give speeches, or visit large portions of his district. It is hard to conceive of how Bodenweiser could make public appearances without violating his bail conditions. Attending sessions at Legislative Hall would probably involve contact with minors.
Bodenweiser's need to attend to his defense also provides support for a finding of incapacity. He has been charged with 113 felony counts relating to sexual abuse of a minor, and he faces many years in prison if ultimately convicted. Under these circumstances, he will understandably spend a considerable amount of his time preparing a defense. State Senators and other public officials are subject to constant public scrutiny, so Bodenweiser could hardly ignore inquires from the press and the public regarding the allegations. Under these circumstances, Bodenweiser would need to avoid the public sphere to lessen the risk of saying something that could be damaging to his case.
Under these circumstances, Bodenweiser's situation is no less incapacitating than that of a person who suffers from a serious physical or mental health condition. We cannot conceive how Bodenweiser could practically fulfill the duties of his office in a minimally adequate way when he is barred from contacting many of his constituents, cannot visit large portions of his district, creates a significant security risk to himself and others, must spend a large portion of his time preparing a defense to 113 serious felony charges, and cannot make public comments without potentially undermining his defense.
The argument that this interpretation will lead to pretextual, tactical withdrawals cannot withstand scrutiny. Very few pending criminal charges will establish incapacity under Section 3306. We are confident that even the most devoted partisans would not place themselves in Bodenweiser's
The Commissioner's final argument is that even the most serious indictments cannot incapacitate an individual. She supports that position by pointing to a rogues' gallery of disgraced federal and state politicians who remained in office despite indictments. These examples are not persuasive. This argument conflates an officeholder's refusal to resign from a position with his ability to serve. An indicted person's continued hold on an office does not mean that the person is practically capable of serving his constituents. While it is possible to capably serve despite criminal allegations, the Commissioner's examples do not involve comparably serious and numerous allegations or bail conditions that are present in this case. We do not regard the "other incapacity" to exclude Bodenweiser's situation.
Having determined that Bodenweiser was otherwise incapacitated for the purposes of Section 3306, we turn to the Commissioner's alternative contention that the Chancellor erroneously considered facts that came into existence only after Bodenweiser submitted a withdrawal form posted on the Department of Elections' website.
Section 3306 allows for the filing of a supplemental certificate of nomination "[w]henever it shall be determined ... that a duly nominated candidate will be unable to serve if elected."
Section 3306 does not contemplate or attach significance to the Department of Elections' nonstatutory withdrawal form. As previously discussed, the General Assembly deleted the words resignation and removal from Section 3306 when it amended the statute. The statutory intent for a candidate's objective incapacity determination to be the focus of Section 3306 (rather than the candidate's personal desire to remove himself from the race) weighs against giving dispositive significance to the date of a candidate's withdrawal. By attaching statutory consequences to a procedure not contemplated by the statute, we would be judicially amending Section 3306.
The Commissioner argues this interpretation violates the statutory construction canon that prohibits interpretations that yield an "unreasonable or absurd result."
This perceived absurdity vanishes once it is acknowledged that a candidate's withdrawal has no statutory significance. Under Section 3306, it does not matter whether a duly nominated candidate is actively campaigning, has stopped campaigning, or has withdrawn from the race. Section 3306 applies to a "duly nominated candidate," a status Bodenweiser acquired when he won the Republican Party's primary. Bodenweiser's withdrawal from the race did not undo his primary election victory or somehow take away his nomination. The statute's plain meaning allows a party to replace a candidate only where the candidate has died or become incapacitated, regardless of whether the candidate is still actively seeking office. If a duly nominated candidate ceases campaigning for a reason that is not contemplated by the statute, Section 3306's purpose to eliminate pretextual withdrawals is served by not permitting a replacement. If the candidate later dies or becomes incapacitated, however, the statute allows substitution, which gives the public a meaningful choice between candidates.
The Commissioner's interpretation would incentivize delay, which in turn would increase the burden on the Department of Elections to make the necessary adjustments to absentee ballots and voting machines. That construction is unreasonable and is not compelled by the statute. Bodenweiser's decision to withdraw before the grand jury issued the indictment gave his party, opponents, and the Department of Elections additional notice that he might be incapable of serving if elected.
In this case, the Republican Party acted as promptly as possible based on the limited information available to it. At the time the Commissioner rejected the Republican Party's supplemental certificate of nomination on October 24, all of the facts the Chancellor relied upon were available to the Department of Elections. During the period between the Republicans' filing of the certificate and the Commissioner's rejection, the grand jury issued the indictment, Bodenweiser turned himself in to the authorities, and bail conditions were imposed. We are not confronted with a case in which the facts supporting an incapacity determination were wholly unknown to the Commissioner, or where the events supporting an incapacity determination occurred after the Commissioner had rejected the supplemental certificate of nomination.
The procedures for filing a supplemental certificate of nomination are less than clear, and the statute would benefit from legislative revision. Here, we conclude that the Chancellor properly reviewed all the facts that were available to the Commissioner at the time she rejected the Republicans' supplemental certificate.
For these reasons, the Court of Chancery's judgment is