Brian Pettyjohn
REHOBOTH BEACH, DE. (AP)- The Delaware Supreme Court says a Republican write-in candidate for state Senate will be put on the ballot following the arrest of the party's nominee on child sex charges.
The court on Tuesday rejected an appeal by elections officials and the Delaware Democratic Party challenging a judge's order that former Georgetown mayor Brian Pettyjohn be put on the ballot in Sussex County.
Pettyjohn declared his write-in candidacy before tea-party backed Eric Bodenweiser dropped out of the race and was charged with repeatedly molesting a boy more than two decades ago.
Republicans subsequently argued in a lawsuit that Bodenweiser had been incapacitated and should be replaced on the ballot by Pettyjohn.
Elections officials argued that Bodenweiser had not been convicted or sentenced and was thus still capable of serving if elected.