DeLay's name will stay on ballot in TX-22

Down With Tyranny reports that the Texas Democrats have won their lawsuit to keep Tom DeLay's name on the ballot.

DeLay announced in April that he wasn't going to seek reelection in Texas's 22nd District. However, the deadline to replace his name on the ballot had already passed. DeLay's lawyers then began a frantic attempt to disqualify their client by announcing his move to Virginia. A local official took DeLay off the ballot when he announced that he was moving to Virginia, but the Texas Democrats sued to reverse the disqualification.

Unfortunately for DeLay, there is no residency requirement to run for Congress, only a residency requirement to serve in Congress.

Judge Sparks questioned how a state party official can rule a candidate ineligible if he moves out of state during a campaign, the Statesman reported, when the Constitution prescribes no residency requirement until a person is elected.

According to the newspaper, Sparks also said he considered DeLay’s actions a “de facto withdrawal,” and “questioned why DeLay’s staff, which prepared the letter stating his plans to move to Virginia, sent a draft to Benkiser several days before sending a final version.”

Dunn said Democratic Party officials would like to see the judge rule that DeLay in fact did withdraw on his own from the ballot, and rule that if the long-time congressman doesn’t run in November, he can’t be replace by another Republican candidate. [FortBend Now]

The court concluded, wisely, that DeLay can't be disqualified because we have no idea where he'll be on Election Day.

The Texas legislators who fled to Ardmore Oklahoma in an attempt to prevent DeLay's redistricting are probably having a good laugh right now.

Comments

[Eric Blair]

Looks like Texas courts are the opposite of NJ's. (Remembering how R.Toricelli managed to get replaced by Lautenberg)

[Steve LaBonne]

"Heh", as someone would say.

[perianwyr]

This still strikes me as cheesy. If DeLay isn't running, get him off the ballot. My God, how hard is that?

[Lindsay Beyerstein]

No way. That's not how it works. DeLay knew he wanted to retire from Congress, but he entered the primary to spite his opponents:

DeLay was determined to hang on to his seat at least through the primary, said Carl Forti, spokesman for the National Republican Congressional Committee. That was because he considered his three Republican challengers gadflies and traitors and he was determined to try to block them from succeeding him.

The Bugman was hoping to drop out and handpick his successor, but he overreached.

Besides, the primary voters in TX-22 picked Tom DeLay, knowing he was under indictment and the whole bit. They made that bed, now they've got to lie in it.

[LP]

I guess this means that DeLay can't bully his way through everyone; even when it happened, it struck me as a bit odd that he could win the primary then appoint his replacement.

That doesn't seem much like democracy.

[mudkitty]

Things work a little differently in the Republic of Texas. And sometimes when you jerryrig the rules it comes back to bit you in the ass.

[Grumpy Physicist]

"The court concluded, wisely, that DeLay can't be disqualified because we have no idea where he'll be on Election Day."

That's right. He might be living in in Texas, in his district. In prison.

"Sorry, Tom. You can't move."

[sweetness]

He who laughs last,..Don't count ol'Tom out yet I think he will run & win by a large majority.People in Texas don't like judges or shady district attorneys from down in austin to tell them who or how they should vote.Ol'Tom may be our next speaker yet..yahoo