Sussex County Republicans threw their support behind former Georgetown mayor Brian Pettyjohn after tea-party backed Eric Bodenweiser dropped out of the race. Bodenweiser withdrew shortly before being indicted on 139 counts of molesting a boy more than two decades ago.
Elections officials plan to put white stickers over Bodenweiser's name on the ballot but have declined to substitute Pettyjohn's name for Bodenweiser's based on the GOP's assertion that Bodenweiser has been incapacitated.
State elections commissioner Elaine Manlove says Bodenweiser has not been convicted or sentenced and is thus not incapable of serving if elected, leading to the filing of Thursday's lawsuit.
