Federal judge rules DeLay must stay on Ballot

[Richard Tafoya]

Too bad he cut and ran when the situation got too tough for him.

USA Today:
http://www.usatoday.com/news/washing...y-ballot_x.htm

The Texas Republican Party must keep indicted former congressman Tom DeLay on the November ballot even though he has left office and isn't campaigning for re-election, a judge ruled Thursday.
...

DeLay, the former House majority leader who won his primary election in March but resigned June 9, is awaiting trial on money laundering and conspiracy charges connected to the financing of Texas legislative campaigns in 2002 with alleged illegal corporate money.

...

DeLay testified that he lives and votes in Virginia and that he has a Virginia driver's license. But lawyers for Texas Democrats pointed out DeLay still owns a Houston-area home, where his wife Christine lives and where DeLay spends time.
The Democrats also argued it couldn't be shown conclusively whether DeLay would be an "inhabitant" of Texas on Election Day on Nov. 7.

Sparks agreed, stating there is no evidence he is ineligible under the U.S. Constitution to serve or that he would be ineligible at the time of the election.

"DeLay was chosen as the Republican nominee by the voters in the Republican primary, and he is still eligible to be the party's nominee," Sparks wrote.

Sparks ruled that Texas Republican Party chair Tina Benkiser cannot declare DeLay ineligible and that the Texas Secretary of State's Office cannot certify any GOP candidate other than DeLay to appear on the ballot.

And even though DeLay resigned from Congress, the judge said DeLay cannot be removed from the ballot unless he formally withdraws as a candidate.

[Annoyedlistner]

so why doesnt he withdraw as a candidate?

[Richard Tafoya]

An explainer from the Wash Post:
http://blog.washingtonpost.com/thefix/

Texas election law does not make it easy to resign from a state race once a candidate has been chosen by primary voters. The law provides only three reasons why a candidate, fairly elected in a primary, could withdraw from a race.

A) He could die,
B) He could suffer "a catastrophic illness...that would permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought," (documented by two licensed physicians), or
C) He could be appointed to another office.

As DeLay was not deceased, not catastrophically ill, and not in contention for another political position, he could not officially "withdraw" from the race. The only way left to legally replace him on the ballot was for Republican Party officials to declare him ineligible. To do so, facts from another public record had to be produced that conclusively established his ineligibility. The Texas GOP claimed DeLay's new residency in Virginia was the fact that allowed them to disqualify him from the race.

[db44]

Originally Posted by Richard Tafoya

Too bad he cut and ran when the situation got too tough for him.

Why would he do that? He didn't do anything wrong... It's just a Democrat ploy

[pinky]

At least Texas law allows you to not run if you're dead. One district in Philadelphia re-elected a dead Congressman years ago.

[db44]

The question though is what happens should he be elected?

[Richard Tafoya]

Probably some uncomfortable moments with John Boehner. More likely, the satisfaction of watching some successful indictments play out as the lobbyist scandals orchestrated on his watch make their way through the courts.

Most recent polling, though, before he cut and ran, had his approval rating in his own district at 28%, with fully half of those who voted for him in 2004 saying they'd vote for anyone but him this year. Those are hard numbers to overcome.

[pinky]

He's right up there with Junior in terms of popularity!