":I asume Delay offered such "facts" from "another public record"."
Why don't you read the decision instead of assuming?
The only factor claimed to make him 'ineligible' is his alleged non-residency. The problem being that the Constitution says residency only matters on the date of election. Given that DeLay maintains a residence in Texas (his wife is living there), it is far from clear he *isn't* a 'resident' of Texas for election purposes.
DeLay is simply trying to avoid the penalty for withdrawing (no GOP replacement candidate allowed) by claiming to be non-resident, and having the GOP executive declare him ineligible by such non-residency. The problem is they can't legally make that decision, since the Constitution isn't something that a state political party can overturn by fiat.
--R.
Does the name "Dick Cheney" ring a bell with you?"
'Judge Sidney Fitzwater in Dallas ... went on to rule that Mr. Cheney cannot be considered an inhabitant of Texas, given his "intent that Wyoming be his place of habitation." This intent was evidenced, in part, by his notification to "the United States Secret Service that his primary residence is his home in Jackson Hole, Wyoming."
This ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit on December 7, 2000.'