DeLay's Ballot Woes

Courtesy of National Journal's Congress Daily, the latest on the Texas 22 snafu.

In a major blow to Republican efforts to replace former Rep. Tom DeLay, R-Texas, a federal judge in Texas this afternoon ruled DeLay must appear on the November general election ballot. In a pointedly written decision, U.S. District Judge Sam Sparks ordered the Texas Republican Party to suspend its efforts to choose a new nominee. "The court holds that allowing [Texas Republicans] to declare DeLay ineligible would amount to a de facto in-state residency requirement in violation of the United States Constitution," Sparks wrote.

"The court specifically holds DeLay is not ineligible and shall remain on the ballot for the general election November 7, 2006 as the Republican candidate for House District 22." The decision raises at least two practical questions for the Texas Republican Party: How long would the GOP spend in attempting to appeal the decision, and would it prevail upon DeLay to run again as their nominee for the seat in November? The opinion comes four months before Election Day in a House race for which Republicans have been unable to anoint a replacement for DeLay while former Democratic Rep. Nick Lampson, who was not a party to the lawsuit, has been actively campaigning for the Republican-leaning, Houston-area 22nd District. [MARK WEGNER]

Attorney Jim Bopp, who has represented the Texas Republican Party in the case, said this afternoon that Texas Republicans would appeal the decision "very soon" to the 5th U.S. Circuit Court of Appeals. Bopp said the decision "throws our elections into chaos" because it overturns the constitutional directive that states determine the "times, places and manner" of their elections.

Sparks granted a request by the Texas Democratic Party that Republicans suspend their selection process of a new nominee. He acknowledged that while Texas Republicans "will no doubt be injured by this injunction, the court opines that the defendant is at least partially responsible for [its] own injury" by trying to replace DeLay. In his conclusion, Sparks, who was appointed to the bench in 1991 by President George H.W. Bush, wrote "political acumen, strategy and manufactured evidence" cannot overturn the Constitution.

DeLay won the March primary for his former district, making him the GOP nominee in the fall campaign. DeLay then resigned his seat June 9 and said he had moved his official residence to Virginia in April and produced a Virginia driver's license. This led Texas Republican Party Chairwoman Tina Benkiser to declare DeLay ineligible and instruct district Republicans to choose a new nominee. Texas Democrats in a lawsuit argued Republicans must show DeLay is ineligible for office by proving that DeLay would not be an inhabitant of Texas "when elected" on Election Day, not just before the election. DeLay told the Galveston Daily News this week he expected Republicans to prevail in the legal case over his nomination but did not rule out a return to politics. "You never know what can happen," DeLay told a reporter. "I feel confident we have the law on our side, and we will prevail. But I hadn't thought about it until you asked. There may even be a chance for me to win ... Wouldn't that be something?"