Democratic Party voters in Delaware are set to decide whether the incumbent state auditor, who is awaiting sentencing on criminal charges, deserves a chance at reelection in November.
Incumbent auditor Kathy McGuiness is the first statewide elected official in Delaware convicted on criminal charges while in office. She is being challenged by Lydia York. York is an attorney who has been endorsed by the state Democratic party and was one of its presidential electors in 2016.
Superior Court Judge William Carpenter Jr. last month upheld two convictions against McGuiness for official misconduct and conflict of interest, but tossed a jury’s third misdemeanor conviction for improperly structuring contract payments to a consulting firm.
The judge rejected McGuiness’ request for a new trial. Carpenter is expected to schedule a sentencing date on the charges, each of which carries a maximum penalty of one year in prison but a presumptive sentence of probation.
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“Once sentenced, Ms. McGuiness intends to appeal her conviction to the Delaware Supreme Court, where we will point out the legal and factual errors that led to her being wrongly convicted for a crime that she did not commit,” defense attorney Steve Wood said in a prepared statement.
McGuiness, who as auditor is responsible for rooting out government fraud, waste and abuse, is the first statewide elected official in Delaware to be convicted on criminal charges while in office. She maintained her innocence and is seeking re-election.
Recent campaign finance reports showed York, who is endorsed by the state Democratic Party, raising almost double the amount McGuiness had raised as of mid-August.
Decision 2022
Coverage of the 2022 elections
The Democratic primary for auditor is the only statewide race on Tuesday’s primary election ballot, which also features several legislative contests.