Posted on 06/28/2006 3:49:28 PM PDT by AntiGuv
AUSTIN - A federal judge hearing a ballot dispute Monday involving former U.S. Rep. Tom DeLay said he thinks that DeLay withdrew from the November election, indicating potential trouble for Republicans who want to name a replacement candidate.
"He is not going to participate in the election and he withdrew," said U.S. District Judge Sam Sparks, who did not issue an official ruling after a daylong trial regarding DeLay's status as the GOP nominee for the 22nd Congressional District.
Jim Bopp, a lawyer for the Republican Party of Texas, disagreed, telling Sparks "there's been no withdrawal." Bopp said that instead, DeLay moved to Virginia, making him ineligible and triggering a state law that allows the party to select a new nominee.
Sparks also said that if political parties are allowed to replace primary election winners with more popular candidates, "the abuse would be incredible."
"It can happen in every race in this state for every office," Sparks said. The Republican judge said a ruling could come as early as next week.
Bopp said the law allowing a party to replace an ineligible candidate has been used only once before, in a 2004 Democratic race for the Texas House. He said the Legislature could change the law if it finds it is being abused.
At issue is whether DeLay withdrew from the race after he won the primary or is ineligible to be on the ballot. If he is ruled ineligible, a committee of four Republican precinct chairs representing each of the counties in the 22nd District — Brazoria, Fort Bend, Galveston and Harris — would be able to select a nominee to replace him.
Democrats argued that DeLay has merely withdrawn from the race, and therefore his name should remain on the ballot — a move they believe would benefit Democratic nominee Nick Lampson because of DeLay's ongoing legal troubles.
DeLay announced in April he was leaving Congress and moving to Virginia. Tina Benkiser, chairwoman of the state GOP, later declared that such a move would make DeLay ineligible to be the nominee for the district.
On Monday, DeLay testified he has moved to an Alexandria, Va., condominium he owns and has opened an office in Washington. He also said he is registered to vote in Virginia, already voting in that state's recent primary and has a Virginia driver's license.
"I know if you become ineligible, you can't be on the ballot," DeLay said.
DeLay, who also owns a house in Sugar Land where his wife continues to live, officially resigned from Congress on June 9. Republicans are trying to replace DeLay as quickly as possible so the new candidate has enough time to campaign and raise money.
Under cross-examination by attorney Cris Feldman, representing the Democratic Party, DeLay said he doesn't know where he will be in November.
Feldman said it supports the Democrats' contention that DeLay could be back living in Texas when voters go to the polls in November. The U.S. Constitution only requires a candidate to be a resident of the state by Election Day.
Feldman also introduced a document that DeLay filed last November in connection with his indictment on money-laundering charges, which stem from fundraising activities in the 2002 state legislative election.
DeLay asked for the case, which is pending in Travis County, to be moved to his home county of Fort Bend.
Bopp contended Monday that circumstances have changed for DeLay.
After the hearing, Bopp told reporters that Democrats are attempting to "throw the dice in running unopposed."
Kenneth Bailey, party affairs director for the Democrats, said that if DeLay is not on the ballot, the Democrats won't be able to raise as much money and create voter interest statewide.
"He's kind of a lightning rod we use to drum up support," said Bailey.
So he was planning to do that all along? This proud Texas legislator was going to up and move to Virginia all along? Come on, man.
Bullseye. You called it deadnuts, IMO!
The Democrats needed to state a reason why they'd be harmed if DeLay were involuntarily removed from the ballot. This is a rare moment of actual candor from them.
How do you know he wasn't? Why quit congress to begin with? No one expected that either. Whatever his motivations, the fact remains he's not a resident of the district any longer and cannot run. "Stunt" or not, that's a fact. And it's far different than what went on in New Jersey with Torrecelli. No legal requirements were met in that case allowing Torrecelli to be removed from the ballot. A clearly politicized judge just disregarded election law and allowed it to happen. But the legal requirements of ineligibility have been met in this case REGARDLESS of what you want to assume lead up to it. Case closed.
What is the basis in law for that statement?
lets get the facts straight.... Toricelli withdrew in September, after the legal deadline to replace someone on the ballot.
Due your research before you post ...Troll.
Pan down on the election code to § 145.003. The problem is DeLay can run for election in Texas from any state in the union. He only has to be an inhabitant of Texas on election day. DeLay admitted at trial that he doesn't know where he'll live on election day.
That's debatable. A REAL Republican judge would've thrown this nonsense out of his court faster than you can say "New Jersey."
What did Delay do that is so damn illegal? Is he breaking any laws? Is he a resident of Texas? No! Stop whining.
Texas election law according to the defense in this cas.
"He also said he is registered to vote in Virginia, already voting in that state's recent primary "
That's interesting ... far as I know, the only primary in VA this month was for the Dems
nah, two different circumstances
It was for both parties. He recorded an automated message for a Republican running to challenge Jim Moran.
I find NOTHING equivalent between ANY Democrat and Delay, let alone that criminal Torecelli in N.J. So please tell me that I'm right to be a little irritated on this.
You're right to be irritated. DeLay has played by the rules, and he has all along.
Freeper anger should be at the Democrats who manipulated the justice system to indict DeLay and are further attempting to use it to remove any Republican opposition in a district that clearly wants to vote Republican.
This particular judge who apparently calls himself a Republican hasn't ruled yet, but he's not the final word. The 5th Circuit will put an end to this nonsense.
shows how much attention I paid ... I didn't get the first call to go out and vote, or hand out lit, so assumed it was only the Dems who had the primary.... that's what got all the attention.
The degree of "Self-Righteous Certitude" that springs up all over this site is particularly aggregious! In fact, it SUCKS, at times!!!
I'll admit a special soft spot in my heart for Delay because he, Dole and Jerry Lewis from So. CA could always be counted on to support Doolittle and I on our unfinished Auburn Dam to save CA's Capitol inhabitants from theirselves!!!
Plus, I just love the way he kicked their differentials all the way through his truncated career as "THE HAMMER!"
What is the basis in law for that statement?
He has a Virignia drivers license. He is registered to vote in Virginia. He apparently voted in the primary there.
Now, that could get interesting!
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