[Quick1]

I'd be quite surprised if the Fifth Circuit allowed Republican voters with the choice of a Republican candidate who has decided he will NOT serve and has become ineligible to serve, and a Democrat.

1) DeLay hasn't decided he will not serve. He can easily withdraw his name from the ballot. The question here is whether the GOP can appoint a new candidate.

2)Even if the GOP isn't able to appoint a replacement, why does the choice come down to DeLay and a Democrat? Is it too late for the filing deadline for Independents? Sure, they may have some funding issues, but they only have DeLay to blame for that.

[Sam Spade]

All filing deadlines in Texas are done, barring a major redrawing of the map per the ruling concerning TX-23.

[Elpasser]

Delay hasn't decided he won't serve? How much clearer can you get than resigning your seat and getting a new job?