Supreme Court of Delaware

La Mar Gunn, Petitioner-Below, Appellant v. Betty Lou McKenna, Respondent-Below, Appellee

May 14, 20152015 Del. LEXIS 232

Summary

The Supreme Court held that a statutory election contest could not challenge the conduct of Superior Court judges acting as the Board of Canvass because those judges are not the election officers or clerks covered by the election-contest statute. The Superior Court therefore lacked subject-matter jurisdiction, and the election result certified by the Board of Canvass was final absent a timely proper challenge. The Court remanded for vacation of the Superior Court's judgment and explained that review of Board of Canvass actions must proceed through the Supreme Court's original jurisdiction rather than an appeal.