I don't agree with the article. The GOP case was a loser from the getgo because one isn't disqualified from the ballot under Texas law unless one is not a resident on election day, and there is no way to know that until election day. Thus the factual details don't matter.
Sure, there are plenty of reasons one could be reasonably certain a person would not be a resident: in prison or long term health care in another state for example.
The facts mattered greatly in this case.
At leasst Delay should have said he was determined that he wouldn't be a resident on election day. I still can't get over how the lawyers blew this. Unbelievable.