Posted on 07/06/2006 9:28:20 AM PDT by AntiGuv
AUSTIN — A federal judge ruled today that Republicans cannot replace former U.S. Rep. Tom DeLay on the ballot for the 22nd Congressional District race.
U.S. District Judge Sam Sparks, a Republican appointee, ruled that DeLay must appear on the Nov. 7 ballot as the GOP nominee for the congressional seat that DeLay abandoned last month. Sparks ruling was confirmed by Texas Democratic Party spokeswoman Amber Moon.
Details of Sparks ruling were not immediately available.
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.
If the Republicans lose on appeal, DeLay will have to decide whether to campaign for an office from which he already has resigned.
When he announced his resignation, DeLay said he believed he could win re-election but thought he would be a drag on other Republican candidates for office because Democrats would use him as a lightening rod to raise money and attack the GOP in general. So he resigned and dropped his re-election bid.
Precinct chairs in the four counties of the 22nd District already have started the process of selecting a new nominee.
Republicans who have been vying for the seat are Sugar Land lawyer Tom Campbell; state Reps. Charlie Howard or Sugar Land and Robert Talton of Pasadena; state Sen. Mike Jackson of Houston; Houston City Councilwoman Shelley Sekula-Gibbs; Fort Bend County Commissioner Andy Meyers; Sugar Land Mayor David Wallace; retired Air Force Maj. Don Richardson; and former state GOP executive committee member Tim Turner.
The Democratic nominee is former U.S. Rep. Nick Lampson of Houston. The Libertarian Party is represented by Bob Smither of Friendswood.
DeLay already had won the Republican nomination for re-election to his district when he resigned from the U.S. House on June 9. Texas Republican Chair Tina Benkiser declared DeLay ineligible because he had become a resident of Virginia, and she started the process of replacing DeLay on the ballot.
The Texas Democratic Party sued, claiming Benkiser had no authority to declare DeLay ineligible.
The Democrats said DeLay's eligibility is determined by the U.S. Constitution as to which state DeLay is an inhabitant of on election day, Nov. 7. They said DeLay also could not withdraw from the race because state law does not allow a party's nominee to withdraw when another political party also has a nominee.
Republicans argued that Benkiser could declare DeLay ineligible because the Constitution allows the states to control the manner and means of the election. They said that by changing his official residence to Virginia, DeLay had made himself ineligible for the Texas office, even though he still maintained a home in Sugar Land.
DeLay last year had to give up his position as House majority leader after being indicted in Austin on campaign-finance related charges. DeLay said that investigation was politically motivated by Democratic District Attorney Ronnie Earle.
DeLay became a focus of national news reports in the wake of the Jack Abramoff influence peddling scandal. DeLay has maintained his innocence, but two of his former aides have pleaded guilty to federal charges.
You've said it right!!
It WILL be.
Then he can resign and let there be either a special election, or let Gov. Perry appoint his replacement.
They could have another special election within a few months. Compared to the choice that Texas law and the courts are forcing on the 22nd district--a Democrat, a Libertarian, but no Republican who can or will serve--they would appreciate the chance to have a primary for a Republican nominee and then elect him in the general.
Lampson's toast in 2008 even if he does win this year.
SolidSupplySide wrote:
" If DeLay were dead, the Republicans could replace him. My understanding is that DeLay is not in favor of that option."
Did Democratic Party person Amber Moon confirm that?
Delay attempted to be declared ineligible under the US constitution in order to get around the Texas election law.
I thought this sounded really strange before I went and actually read the Texas election law. After I read it, I don't see how Delay can win this. Like it or not, he is the Republican nominee at this point, and he can't be replaced.
New Jersey's election laws are likely different, or possibly the situation was different as well. I'm really not sure what situation you're referring to in regards to NJ.
NJ Jersey Law did not allow Torecella to be set aside in 2002 that close to the election. The NJ Supreme Court simply ignored the law and wrote a new law to suit their political baises.
Why I am getting the feeling that you are investing and hoping so much for a Republican defeat in this November elections? I advise you not to invest so much emotion in this because most probably you will be badly disappointed.
I am hoping Delay wins.. and big time.. sort of like a landslide.. faces of stunned democrats? priceless!
The Democrats kept Patsy Mink on the ballot. Mink died one week after winning the primary in Hawaii. She won posthumously.
BTW, the Democrats were arguing for Mink to remain on the ballot simultaneously with arguing that Robert Torricelli should be removed from the ballot in New Jersey.
-PJ
This ruling is not a particular surprise: that is why former Rep. Stockman insisted on staying in the race as an independent, but he has no chance at all against Lampson, who defeated him ten years ago.
If Delay runs (and now he probably will), he will win!
The Democratic Party was who sued, so their lawyers would likely have an actual copy of the ruling, so it does actually make sense that they would be in a position to confirm the report.
It's still not a particularly well worded or useful statement in the article.
Ratcliffe is an idiot and has been one for as long as I've been reading this rag.
He doesn't even try to hide his leftist bias, which arguably is a good thing. At least nobody with an IQ over room temperature is fooled by what he writes.
I expect the 5th Circuit to overturn this ruling. But if they don't, it sets up a very interesting scenario.
"Two words.....Bob Toricelli."
Democrats dont have to follow the rules we Republicans have to.
In that case, it was clearly after the deadlines in New Jersey election law.
The 'will of the people' require the Democrats be given free rein, while the Republicans are defeated by any means necessary. (sarc.)
What the samhill is a "lightening rod?" We don't have them in Pennsylvania, home of Ben Franklin, who invented the lightning rod.
I assume that a "lightening rod" is a rod which makes things lighter. (Q: How do you make a boat a cigarette lighter?)
So the Houston Chronicle can't punctuate and can't spell?
If Delay is removed from the ballot, the Dems will have a lot of preprinted signs and flyers they'll have to scrap.
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