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Judge's ruling keeps DeLay on ballot
Houston Chronicle ^ | July 06, 2006 | R.G. Ratcliffe

Posted on 07/06/2006 9:28:20 AM PDT by AntiGuv

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To: WildWeasel

I think Delay needs to stay on the ballot. Just a reality check. I think it's wrong to hold a primary, win it, then decide you might lose, and try to run a different primary basically. Perhaps the rats only voted for Lampson as a good match up against Delay. This do-over crap is wrong IMHO. I feel the same way about Lieberman. He either runs as a Rat, or an independent. Not both. It's just not fair sportsmanship to do it this way. Delay was trying to game election law. The Republicans can still rally around one candidate, have them petition to run as an independent, and still win the seat. It's the right way to do it.


201 posted on 07/06/2006 2:47:32 PM PDT by dogbyte12
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To: AntiGuv

>>Sparks ruling halts the process of replacing DeLay on the ballot, but the GOP is expected to appeal the decision to the 5th Circuit Court of Appeals.<<

Does anybody know the 5th circuit's bias?


202 posted on 07/06/2006 3:02:53 PM PDT by gondramB (Unity of freedom has never relied upon uniformity of opinion.)
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To: gondramB

This is my list:

5th Circuit Court of Appeals
Louisiana, Mississippi, Texas

Edith H. Jones - Reagan
Carolyn Dineen King - Carter
E. Grady Jolly - Reagan
Patrick E. Higginbotham - Reagan
W. Eugene Davis - Reagan
Jerry E. Smith - Reagan
Jacques L. Wiener, Jr. - Bush I
Rhesa H. Barksdale - Bush I
Emilio M. Garza - Bush I
Harold R. DeMoss, Jr. - Bush I
Fortunato P. Benavides - Clinton
Carl E. Stewart - Clinton
James L. Dennis - Clinton
Edith Brown Clement - Bush II
Edwards Charles Prado - Bush II
Priscilla Richman Owen - Bush II
Vacant Seat


203 posted on 07/06/2006 3:08:34 PM PDT by AntiGuv ("..I do things for political expediency.." - Sen. John McCain on FOX News)
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To: AntiGuv

So you would think the Republicans should be able to get a fair hearing unless they get a really bad judge draw.


204 posted on 07/06/2006 3:13:46 PM PDT by gondramB (Unity of freedom has never relied upon uniformity of opinion.)
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To: Mike Darancette
Far Out.

It would be so funny if DeLay won.


Especially if he doesn't even campaign for the seat.
205 posted on 07/06/2006 3:16:33 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: AntiGuv

There wasn't any reason for Delay to retire unless he was guilty. If his name is on the ballot and he wins, that's a mandate of the people and he should continue to serve.

He should want to come back tougher than ever just to hand the DUmocrats their hats for a few more cycles!


206 posted on 07/06/2006 3:43:05 PM PDT by RasterMaster ("Big Tents" you get Clowns & Circus Freaks! The road to HELL is paved with LIEberals!)
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To: gondramB

Does anybody know the 5th circuit's bias?



I hope they are biased to the 'rule of law'. Let the chips fall according to the laws of Texas that are applicable to the case.


207 posted on 07/06/2006 4:10:00 PM PDT by deport
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To: Iwo Jima

"Also, the determination is made based on the evidence, not the bare, unsupported assertion of a candidate."

There was more than mere 'assertion' to DeLay's change of residence. He voted in Virginia!

"Get with the program. Whether someone meets the Constitutional residency (inhabitant) eligibility requirement can only be determined as of election day."

The statement that someone can only be held 'ineligible' on election day and no prior determination can be made of such mocks the Texas law, as it specifically is providing a provision for prior ineligibility. People can certainly plan to be residents of one state or another at dates certain.

"The decision makes perfect sense. You're just being obtuse."

No. "Obtuse" is keeping a man on the ballot 5 months prior to an election despite his declaration of ineligibility for office, ignoring a provision in the Texas laws that provides for such a determination. Judge Sparks is giving the Texas GOP a catch-22; elections and ballots shouldnt be about that.

Consider Texas elections implications, if a primary vote winner found he/she couldnt serve (let's say they find they have terminal cancer requiring severe treatment) - are we better off letting the election default to the other party and/or forcing a special election, keeping this person on the ballot, than have a more sane approach of letting the person have the party select a replacement? If you really think this ruling was correct, I hope you at least agree that the outcome is not the best we can do and there should be some change in our Texas election law.



208 posted on 07/06/2006 4:15:25 PM PDT by WOSG (-)
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To: RustMartialis

"Except of course that DeLay kept his house in Texas - his wife still lives there. Oops. "

So? Many people have houses in multiple states. Ask Kerry.

He's a Virginia voter now. Question: Is Delay eligible to run for Congress in Virginia?


209 posted on 07/06/2006 4:18:01 PM PDT by WOSG (-)
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To: Wolfstar

"Not being a Texan, I can't claim to understand the state's laws. But the law as quoted above makes little sense. Suppose a candidate wins his/her primary, then is diagnosed with a serious illness -- or commits a serious crime -- and cannot campaign. Does Texas law nevertheless insist that candidate can't withdraw from the race?

I understand the need for stability in the electoral process, but a blanket law that says no withdrawals are possible after another party has a nominee seems to defy common sense."

Very good point.

If DeLay really does lose on appeal (I give it 50/50, Sparks bent over backwards to screw the GOP), I suspect the law will be changed. As a Texan, I'd support a change in the law even if it helps the Demos out of a mess here and there; it's nutty to force people on the ballot if/when they want off for legitimate serious reason and there is sufficient time and process for an orderly replacement.


210 posted on 07/06/2006 4:21:10 PM PDT by WOSG (-)
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To: WOSG
...it's nutty to force people on the ballot if/when they want off for legitimate serious reason and there is sufficient time and process for an orderly replacement.

I agree. It's one of those common sense issues that shouldn't have any partisanship attached to it at all, but of course the rabid partisans will still fight even over something like this.

211 posted on 07/06/2006 4:35:31 PM PDT by Wolfstar (Where you go with me, heaven will always be.)
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To: SolidSupplySide

Did you not catch the fact that Texas law says he has to be replaced because he moved???


212 posted on 07/06/2006 5:10:50 PM PDT by ArmyBratproud
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To: SolidSupplySide

Did you not catch the fact that Texas law says he has to be replaced because he moved???


213 posted on 07/06/2006 5:10:53 PM PDT by ArmyBratproud
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To: SolidSupplySide

DeLay can not take the seat if he wins. because he is not a resident of the state.

The voters ARE being disenfranchised here.


214 posted on 07/06/2006 5:11:45 PM PDT by ArmyBratproud
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To: WildWeasel

"Delay said on Hannity's radio show he is now a citizen of Virginia and can show proof. He said he voted in a recent GOP primary there so how can he legally be kept on the ballot in Texas if he's not a resident?"

HE CAN'T BE.

LOOK FOLKS...SPARKS IS A LIBERAL. Yeah...he was appointed by a Republican....but he is an ole democrat....

There are many here in Texas who push as a Republican..because that can't get favor ...or win an election any other way.

Sparks knew somebody. Period


215 posted on 07/06/2006 5:15:06 PM PDT by ArmyBratproud
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To: WildWeasel

"Delay said on Hannity's radio show he is now a citizen of Virginia and can show proof. He said he voted in a recent GOP primary there so how can he legally be kept on the ballot in Texas if he's not a resident?"

HE CAN'T BE.

LOOK FOLKS...SPARKS IS A LIBERAL. Yeah...he was appointed by a Republican....but he is an ole democrat....

There are many here in Texas who push as a Republican..because that can't get favor ...or win an election any other way.

Sparks knew somebody. Period


216 posted on 07/06/2006 5:15:07 PM PDT by ArmyBratproud
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To: HostileTerritory

You have no idea what you are talking about.

DELAY IS VERY POPULAR IN HIS DISTRICT. Look how much he won by in a 4 way primary. Surveys showed he would win by at least 6 points when he dropped out.

It had nothing to do with whether he would win or lose.

The tops at the party were spineless gimps and let worries make their decision. Including Boehnhead!

The idea was that Delay moving would take the whole corruption thing out.


217 posted on 07/06/2006 5:17:52 PM PDT by ArmyBratproud
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To: HostileTerritory

You have no idea what you are talking about.

DELAY IS VERY POPULAR IN HIS DISTRICT. Look how much he won by in a 4 way primary. Surveys showed he would win by at least 6 points when he dropped out.

It had nothing to do with whether he would win or lose.

The tops at the party were spineless gimps and let worries make their decision. Including Boehnhead!

The idea was that Delay moving would take the whole corruption thing out.


218 posted on 07/06/2006 5:17:54 PM PDT by ArmyBratproud
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To: Iwo Jima
As to dead people being elected, I assume that you are thinking about the 2000 Missouri senate race. If that election had been challenged (which was not done because Ashcroft wanted to be magnanimous), it would have happened as I say. That seat was falsely declared "vacant" (it was not, Ashcroft won it fair and square), and the governor appointed a replacement. Eventually, a special election was held under the false premise that there was a vacancy.

No there are several examples of this. in the missouri case you are again mistaken. there was no special election because senators, unlike reps, can be appointed until the next regular national election. please tell me of one example of where the second place guy got the job.

219 posted on 07/06/2006 5:18:57 PM PDT by TWfromTEXAS
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To: SolidSupplySide
Lampson would not beat Delay.

It would be closer then Delay wanted and would generate a great deal of DNC support.

Moreover, your claims to be for a GOP 'victory' ring hollow since you have admitted not voting for Delay in the past.

He did not meet your 'purity' standards.

But I do not think George Washington could have met them either.

220 posted on 07/06/2006 5:19:00 PM PDT by fortheDeclaration (Am I therefore become your enemy because I tell you the truth? (Gal.4:16))
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