Cochran v. Supinski

794 A.2d 1239, 2001 Del. Ch. LEXIS 128, 2001 WL 1359113
CourtCourt of Chancery of Delaware
DecidedOctober 26, 2001
DocketCivil Action No. 19143
StatusPublished
Cited by2 cases

This text of 794 A.2d 1239 (Cochran v. Supinski) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cochran v. Supinski, 794 A.2d 1239, 2001 Del. Ch. LEXIS 128, 2001 WL 1359113 (Del. Ct. App. 2001).

Opinion

OPINION

STRINE, Vice Chancellor.

In this expedited matter, members of the Democratic Party of the City of Wilmington seek a preliminary injunction in connection with the election of the committee-persons for the City Democratic Committee, scheduled to be héld tomorrow. The plaintiffs desire an injunction that would require the sitting officers of the City Democratic Committee to exclude from eligibility for election as a committee-person any person who failed to file candidacy information by September 24, 2001, the deadline set forth in the Rules of the City Democratic Committee (“the Rules”).

The plaintiffs have brought this action because the Chairman of the City Democratic Committee, the Honorable James M. Baker, who is also the Mayor of the City of Wilmington, extended the deadline for the filing of candidate applications to October 12, 2001. Chairman Baker did so because he had earlier failed to give public notice of the upcoming meetings which are the final step in the quadrennial selection of the 106-person Democratic City Committee. Such notice is required by another provision of the Rules. The apparent tradition is that this public notice not only informed party members of the upcoming meeting, but also informed them of the deadline by which to file candidacy information.

Chairman Baker concluded his failure to give timely public notice had injured the overall election process contemplated by the Rules, which enables City Democrats to contest for committee-person seats in separate election districts and to vote [1241]*1241when more than one candidate files for a seat within an election district. As of September 24, 2001, a maximum of twenty-six persons had filed, and many of them had not complied with other filing requirements. Chairman Baker therefore acted, he says, to extend the deadline to guarantee that interested candidates would have an opportunity to file following public notice and that City Democrats would as a result have a choice in selecting committee-persons at the polls.

In this opinion, I conclude that the plaintiffs’ motion for a preliminary injunction should be denied. The plaintiffs have failed to take advantage of a grievance procedure open to them under the auspices of the Democratic Party of the State of Delaware, whose “State Committee” is charged with directing the operations of the State Party and its subdivisions, including the City Party. Because a potentially effective remedial process has been eschewed by the plaintiffs, this court should refrain from interfering in the internal workings of an independent political party, especially when the plaintiffs would have this court issue an order that has the practical effect of excluding City Democrats from an opportunity to participate meaningfully in the selection of the committee-persons who will serve for the next four years. Simply put, the equities do not warrant that this court assume its sparingly exercised and carefully circumscribed authority to intrude into the processes of a political party.

I. Factual Background

The Democratic City Committee of Wilmington is one of the four major subdivisions of the Delaware State Democratic Party. From 1965 until his death on January 1, 2000, Leo T. Marshall served as the City Committee’s only Chairman. Since 1966, the City Committee has operated under the same Rules.

Pursuant to the rules of the State Democratic Committee (the “State Rules”), each subdivision is empowered to adopt local rules providing for the election of committee-persons, so long as those local rules are consistent with the requirements of the State Rules. The State Rules contemplate that committee-persons will be elected to four-year terms in the year after each presidential election.

The City Committee’s Rules cover the election of committee-persons. The 106 committee-persons are organized into 53 election districts within the Councilmanic districts used in connection with the election of the City Council. The Rules provide in pertinent part that:

Call for Councilmanic District Meetings

Section 1. (a) The chairman of the Democratic City Committee shall issue a call on the first Tuesday in September in every year next following the Presidential election for meetings in the several Councilmanic districts in the City of Wilmington for the purpose of electing members of the Democratic City Committee. The said call shall be published three times in at least one newspaper in the City of Wilmington.
(b) The Councilmanic district meetings shall be held on the last Monday in October at 8:00 P.M. in places designated in published notice.
(c) Lists of candidates for committeemen and committeewoman shall include their home address and election district they will represent within their respective Councilmanic districts and shall be filed with the secretary of the City Committee no later than 5:00 P.M. on the last Monday in September in every year next following the Presidential election.
(d) At such Councilmanic district meetings those present and who are [1242]*1242Democratic voters in their respective representative districts shall elect a committeeman and a committeewoman from each election district in the Coun-cilmanic district, who shall constitute the Councilmanic District Executive Committee and who shall be members of the Democratic City Committee.
Contest
Section 2. (a) Where there are two or more candidates for the office of election district committeeman or committeewoman, anyone [sic] of the candidates may demand a nomination election, which shall be held on the Saturday preceding the last Monday in October in every year next following the Presidential election, at which election only the properly qualified Democratic electors in the district in which contests occur shall be entitled to vote for such candidates.
:Jc íjí
Provisions for Holding Elections
Section 3. The committeemen and the committeewomen shall assemble on the last Monday in October in the year next following the Presidential election at a time and place set by call, and elect a Councilmanic district chairman, vice-chairman, and secretary from among their number. The Councilmanic district chairman shall preside at all meetings of the Councilmanic District Executive Committee, and he or she shall have such other powers and perform such other duties as may be presented by the Councilmanic District Committee...
The chairman of each Councilmanic district meeting shall forthwith notify the chairman of the Democratic City Committee by letter of the results of the action taken in their respective Council-manic district meetings.1

Thus, the contemplated timeline for 2001 (a year following a presidential election) appears to be as follows:

• Under § 1(a), the first of three public notices (or “calls”) of the Councilmanic District meetings to occur on the last Monday of October would have begun no later than September 4.
• Under § 1(c), the candidate lists, including each candidate’s home address and election district, would have to be filed by 5:00 p.m. on September 24.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Young
Court of Chancery of Delaware, 2015

Cite This Page — Counsel Stack

Bluebook (online)
794 A.2d 1239, 2001 Del. Ch. LEXIS 128, 2001 WL 1359113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochran-v-supinski-delch-2001.