Posted on 06/17/2006 8:52:14 AM PDT by anymouse
Democrats want to force the GOP to mount a write-in effort in November
AUSTIN - A fight between the state Democratic and Republican parties over replacing Tom DeLay on the November ballot has moved to federal court.
State Republicans filed papers Thursday to move from state to federal court a lawsuit filed last week by the Texas Democratic Party. The Democrats sued to block Republicans from picking a replacement for former U.S. Rep. Tom DeLay on the ballot for the 22nd Congressional District.
The Democrats are hoping to keep DeLay's name on the ballot against their nominee, Nick Lampson. Since DeLay is no longer eligible because he has moved out of the district, Republicans would be forced to write in a candidate.
Republicans are trying to replace DeLay, who resigned from Congress last week amid legal and ethical problems, as quickly as possible so their candidate has enough time to campaign in hopes of keeping the seat for the GOP.
A temporary restraining order set last week by a state district judge remains in effect until midnight Thursday. Lawyers for the Democrats are expected to seek an extension of that order before U.S. District Judge Sam Sparks next week.
Quick resolution sought All of the elected state district judges in Travis County are Democrats. Sparks was appointed by former President George H.W. Bush.
"If Democrat plaintiff trial lawyers want to raise federal issues under the U.S. Constitution, they cannot then seek to have them decided in the liberal state court of their choice," said GOP Chairwoman Tina Benkiser.
Republicans are hoping for a quick resolution so they can select a replacement for DeLay. The county chairs in the four counties of the 22nd Congressional District — Brazoria, Fort Bend, Galveston and Harris — are to call a meeting of precinct chairs who will elect an executive committee of four people representing each county to select a candidate.
Benkiser triggered the process last week by declaring DeLay ineligible to run for re-election in Texas because he has moved his official residence to Virginia.
DeLay resigned from Congress June 9. He said he believed he could win the race but didn't want to be a catalyst for Democratic attacks on Republicans.
Attorney Chad Dunn of Houston, who represents the Democratic Party, said he is confident that Democrats can win their legal case "in any jurisdiction."
Dunn said the Texas Election Code prohibits a candidate from withdrawing from a ballot after being elected in the primary. Although DeLay has registered to vote in Virginia, he remains active in the Houston area and his wife still lives in Sugar Land, Dunn said.
Time is a factor Jim Bopp, an Indiana attorney who represents the Republican Party, said DeLay has bought a condo, registered to vote and gotten a driver's license in Virginia.
He said Democrats have raised federal claims that are appropriate for the federal courts.
"They want the court to determine the inhabitant issue, and that's a federal claim. They want the court to say that the chairman of the Republican Party cannot declare DeLay ineligible because the (U.S.) Constitution prevents that," said Bopp.
The longer that the dispute is tied up in court, the less time the new candidate has to raise money and campaign.
Candidates vying for the spot include: state Rep. Charlie Howard of Sugar Land, state Rep. Robert Talton of Pasadena, state Sen. Mike Jackson of La Porte, Houston City Councilwoman Shelley Sekula-Gibbs, Sugar Land Mayor David Wallace, lawyer Tom Campbell, former state executive committee member Tim Turner, retired Air Force Major Don Richardson and Fort Bend County Commissioner W.A. "Andy" Meyers.
The Dems stalled for a couple of weeks, but the voter backlash against Lampson is going to be huge.
ping
This woman Judge is a big liberal great fund raiser for her beloved democrat party. The story has been published here elsewhere.
anymouse,
It looks like no one cares and that is a real bad sign that the Dem's will get away with this.
In NJ the Democrat judges ruled that the Democratic voter had a constiuttional right to a competitive candidate for Senate. Their crook, Torricelli, withdrew after the deadline in the law for replacement without specifying any reason for withdrawing. But deadline, shmeadline - Democratic voters were priviledged to have a fighting chance to win the election.
I have to blame Tom DeLay for this. If he did not intend to run, he should not have filed for re-election. This is an automatic seat gain for the Dems and makes our efforts to hold the House all the more challenging.
Only if the GOP follows the rule of law and refuses to play the game the way the socialists do.
I suspect the GOP has woken up and will fight fire with fire.
I disagree. The House Republicans should have considered this befre they so cowardly tossed DeLay to the wolves.
Cowardice and appeasement never works with Leftists.
Agreed.
But DeLay showed how little class HE has by retaliating in the manner that will hurt the GOP the most - the Texas GOP, that is, not the ones who pitched him out.
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