Delaware 105.9 Blog: Dan Gaffney

I still believe Kathy McGuiness is not eligible to be a Lieutenant Governor candidate in 2016.

When I first discussed the constitutional problems with Kathy McGuiness (D-Rehoboth Beach) candidacy for Lieutenant Governor I made two key statements. I first said if she voted in a general election in Utah, she had to be considered a Utah resident. The second thing I said was, “I have no confidence that the Delaware Department of Elections will do anything about this problem”. An article today in the Delaware State News indicates I was right.

For those new to this, the Delaware Constitution says that to be a Governor or Lieutenant Governor candidate one must have been a Delaware resident for 12 years with the last six years prior to the election as a consecutive resident. She clearly has been a Delaware resident for 12 years, but the Utah resident time was as recent as 2012 which would indicate she has not been a Delaware resident consecutively for the last six years, making her unable to run for Lt. Governor in 2016.

Here are a few key points from the current Delaware State News story.

She voted in a municipal election in Utah in 2011, and she voted in the General Election in Utah in 2012.

She had a Utah driver’s license.

“Utah records show Ms. McGuiness voted there in a 2011 municipal election and the 2012 general election, although Mr. Paradee’s letter says she does not remember voting in the general election. While Ms. Manlove said she would “prefer that had not happened,” she believes there is a great deal of evidence supporting Ms. McGuiness’ Delaware residency argument. If she ruled Ms. McGuiness was not eligible and the campaign subsequently took the case to court, Ms. Manlove said, a judge likely would overturn the initial finding.

She noted Ms. McGuiness did not vote in Delaware in 2012.
Ms. McGuiness did receive a Utah driver’s license, but only after she had lost her Delaware one, which she otherwise had no intention of giving up, according to the letter.”

I have also seen records showing that when Kathy McGuiness moved back to Delaware, she registered to vote here indicating that at some point she had to give up her Delaware residency, at least in terms of voting. To vote in a general election in Utah one must be a Utah resident, and if she had to re-register to vote in Delaware again in 2013, my view is she is not eligible. The "lost my license" and "I can't remember voting" excuses remind me of "the dog ate my homework".

The Delaware Department of Elections doesn’t want to be in the middle of a lawsuit, so they take the easy way out and hope the voters will just look the other way.

Moving forward, the next step will have to be another one of the Lt. Governor candidates (or some other citizen) will have to go to court to try and rule her not eligible. Stay tuned.

Kathy McGuiness and her beautiful family, husband and children. From her campaign fundraising page.

Posted at 4:16am on January 20, 2016 by Dan Gaffney

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