Democratic members of Delaware’s House of Representatives called for the removal of convicted State Auditor Kathy McGuiness recently, outlining their wishes in a letter to Gov. John Carney. In the letter, lawmakers said the crimes Ms. McGuiness was convicted of meet the “constitutional criteria of ‘misbehavior in office,’” and for that reason, they urged the governor to use his authority to remove her from office.
- They have the right to impeach and send to the Senate for removal. That is the constitutional way for elected officials. The governor does not have the authority before the legal process is complete. With misdemeanors and an elected official, there’s a question whether he does or should override the vote of the people. She was acquitted of the serious crimes. This should be handled through the impeachment process or, with the election four months away, the electoral process. She was acquitted of the felonies, so she can still run and be reelected and serve if removed by the governor. If they are serious and not grandstanding, impeachment is the way to handle it. — David Anderson