The 'residence' DeLay has in Virginia is a condo he's owned for 12 years (from the court documents) and his wife is still living in Texas. The judge noted that the *only* residency requirement is in the US Consitution - that the candidate be resident in the state *on election day*. DeLay admitted during trial he could not say conclusively where he would be living at that time, and the judge accepted he was currently resident in VA.
Texas law says at this point, DeLay has to withdraw from the election. If he's not a resident on election day, then *Congress* gets to declare him ineligible - under Article 1, Section 5 only the House can declare him ineligible due to residency. Some of us seem to have more respect for that great document than others, it seems.
DeLay and the state party tried to get him out without formally withdrawing, and it failed. It seems the only thing he 'moved' to his 'residence' in VA was a car. Everything else was left in his house in South Bend County, TX. I gather the problem with withdrawing is that he can't, under Texas Election Code, since 'another party has held a primary' for that office(Chapter 145, Section 145.036 b(2), Texas Election Code).
The Deomcrats want DeLay on the ballot because it'll split the GOP vote - some people will vote for him, some will vote for 'whoever the GOP puts up as an independant'.
Appeals would go the the 5th, not the Texas SC.
--R.
:I asume Delay offered such "facts" from "another public record".
"only the House can declare him ineligible due to residency"
No, they just have the final word, if they wish, after the election.
"Sec. 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE... (c)Subsection (a) does not apply to an office for which the federal or state constitution or a statute outside this code prescribes exclusive eligibility requirements."
:By construction- any part of the Texas Election law without this disclaimer does apply to such offices.
The appellate ruling(s) will be informative.