Wilmington GOP Loses Last Council Seat as Democrat Switch Sparks Legal Fight

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A dispute has emerged between Wilmington City Councilman James Spadola and Council President Trippi Congo over Spadola's recent switch from the Republican to the Democratic party. The city's charter has historically ensured minority-party representation on the 13-member City Council, but Spadola's party change has left the GOP without any elected officials in Wilmington's 15 elective offices. Congo has threatened to declare Spadola's seat vacant, arguing his affiliation change violates the charter's intent to preserve minority-party representation, while Spadola maintains the charter only addresses candidate nominations, not post-election party changes.

Why it matters

This dispute highlights the legal gray area around party affiliation changes for elected officials and the potential consequences for representation on the Wilmington City Council. The outcome could set a precedent for how similar situations are handled in the future, with implications for the balance of power and diversity of perspectives on the council.

The details

Wilmington's city charter has long required that 'not more than three (3) candidates for councilmen-at-large shall be nominated pursuant to law by any party or other political body.' This provision has historically allowed one Republican to win a seat, as only three Democrats can appear on the ballot. In October 2020, Councilman James Spadola, a former Newark police officer, switched his party affiliation from Republican to Democrat, citing his 'disenchantment' with President Trump's second term. This move left the Republican party without any elected officials in Wilmington's 15 elective offices. While the city Law Department reportedly advised Council President Congo that Spadola's party switch did not violate the charter, Congo subsequently threatened Spadola with possible removal from office, arguing the change was 'inconsistent with the Charter's structure and its longstanding intent to preserve minority-party representation.' Spadola has retained legal counsel and refused to rejoin the Republican party, setting the stage for a potential legal battle over the interpretation of the city charter.

• In October 2020, Councilman James Spadola switched his party affiliation from Republican to Democrat.
• On February 16, 2026, Council President Trippi Congo requested that Spadola rejoin the Republican Party, warning that failure to do so could result in a declaration of his seat being vacant.

What they’re saying

What’s next

It is possible the City Council could move to declare Spadola's seat vacant, but Spadola has hired a lawyer and is likely to contest any such action. A legal battle over the interpretation of the city charter could ensue. Alternatively, the Council could seek further legal clarification or attempt to negotiate a resolution with Spadola.