DOVER— The fate of State Auditor Kathy McGuiness’ political career has driven a wedge into Delaware’s House of Representatives.

After being found guilty on misdemeanor charges of conflict of interest (violation of the state officials code of conduct), structuring (non-compliance with procurement law), and official misconduct, several lawmakers in both chambers of the General Assembly called for the immediate resignation of Ms. McGuiness.

Following the verdict, Senate Majority Leader Bryan Townsend, D-Newark, Senate President Pro Tempore Dave Sokola, D-Newark, and Senate Majority Whip Elizabeth “Tizzy” Lockman, D-Wilmington, released a joint statement in which they called for Ms. McGuiness’ immediate resignation. In the statement, Senate leadership said Ms. McGuiness showed, “a brazen willingness to circumvent the same open government laws and accounting standards she was elected to enforce,” and acknowledged that the chamber would consider its “constitutional role in ensuring accountability and that the best interests of Delawareans are served.”

While Senate leadership agreed on the next course of action, the same could not be said for those in the House.

In a joint statement, only House Majority Leader Valerie Longhurst, D-Bear, and House Majority Whip Larry Mitchell, D-Elsmere, demanded the auditor step down and resign from the office immediately, stating that the governor should use his constitutional authority to remove Ms. McGuiness should she opt not to resign.

“Additionally, the Delaware Constitution is clear: If the auditor will not resign, the governor must exercise the powers he has to ‘remove from office any public officer convicted of misbehavior in office.’ She cannot continue to serve in this position, and the governor can take action to remove her from office should she refuse to resign,” Rep. Longhurst and Rep. Mitchell said.

Notably absent from the statement was Ms. McGuiness’ longtime associate and Speaker of the House Pete Schwartzkopf, D-Rehoboth Beach. Ms. McGuiness, who formerly served as a Rehoboth Beach commissioner, has been a staunch supporter of Rep. Schwartzkopf on the campaign trail, and during her campaign for state auditor in 2018, he gave Ms. McGuiness a glaring endorsement.

In an interview with the Delaware State News, retiring Rep. John Kowalko, D-Newark, said he was taken aback that the speaker did not join in on the statement from House leadership.

“Quite frankly, there’s a sense of betrayal that he did not make a statement with House leadership or even since then,” Rep. Kowalko said. “Our political loyalties should never stand in the way of insisting that elected officials are not above any kind of behavior that tarnishes the office.”

Rep. Kowalko, who has been an outspoken advocate for government transparency and accountability, said that Rep. Schwartzkopf “advocates his authority,” but at the same time, he “pushes his authority past the point of reasonableness.” Rep. Kowalko said he, like many other lawmakers, allowed for the legal process to play out, but now that it has, the speaker cannot remain silent in regard to Ms. McGuiness.

“Throughout his entire 10-year tenure as speaker, he has exercised an authoritarian abuse of his office. If you want to portray yourself as a leader, and instead you portray yourself as an unchallenged, authoritarian figure, you are also obligated to take a position on something as important as the Auditor of Accounts’ office misconduct,” Rep. Kowalko said.

Rep. Schwartzkopf was not available for comment on Monday.

Following her indictment in October 2021, Ms. McGuiness ignored pleas to take a leave of absence, and while speaking to the media following the verdict, she reiterated her intention to not only continue her duties in the Office of the Auditor of Accounts, but to seek re-election this fall.

In addition to elected leadership’s call for Ms. McGuiness to step down, Gov. John Carney doubts how the auditor can move forward with her elected duties.

“The governor believes this is a sad and serious situation that puts in jeopardy the trust voters place in the people elected to serve them. He finds it difficult to understand how the auditor, who swore an oath to place the public interests above any special or personal interests, can continue to serve the people of Delaware effectively given the circumstances,” said Emily David Hershman, spokeswoman for Gov. Carney.

The guilty verdicts in the trial of Ms. McGuiness marks the first time in state history that a sitting, elected official has been convicted of a crime. In the midst of calls for her resignation, the legislative body has multiple paths to ousting the state auditor.

As Rep. Longhurst and Rep. Mitchell referred to in their statement, Article 15 of the Delaware Constitution, Section 6, states that, “The Governor shall remove from office any public officer convicted of misbehavior in office or of any infamous crime.”

Through this method, Gov. Carney would have the power to remove Ms. McGuiness without the concurrence of the general assembly.

An alternative method of removal is outlined in Article 3, Section 13 of the Delaware Constitution, and allows the governor to remove any elected official, except the lieutenant governor and members of the General Assembly, with two-thirds approval from the House and Senate.

The final method of removing Ms. McGuiness is impeachment, which is outlined in Article 6 of the state constitution. Under Section 1, the House has the “sole power” to initiate impeachment, though it must be approved by two-thirds of each chamber of the General Assembly. Should the chambers approve the impeachment of an elected official, the Senate will hold the impeachment trial and would need two-thirds approval to remove an official from office.

Under Section 2 of Article 6, the grounds for impeachment are listed as, “treason, bribery, or any high crime or misdemeanor in office.” Though Ms. McGuiness avoided the felony charges in her trial, the misdemeanor charges of conflict of interest, structuring and official misconduct would qualify for impeachment.

Despite the paths for Ms. McGuiness’ removal, Gov. Carney nor the House has made an immediate decision.