DeLay Still On The Ballot

The Houston Chronicle reported today that federal Judge Sam Sparks is on the verge of declaring that Tom DeLay "withdrew" from his congressional race, rather than became ineligible. Sparks stated that he will issue his ruling to this effect as early as next week. The effect of this? Delicious! Check it out under the fold.

If DeLay merely "withdrew" from his race, after winning the Republican primary, his name remains on the ballot as the Republican nominee, despite having resigned his seat in Congress and (being run out of Texas) moving to Virginia.

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.

However, the Texas Democratic Party lawyers argued otherwise at yesterday's trial.

Democrats argued that DeLay has merely withdrawn from the race, and therefore his name should remain on the ballot -- a move they believe would benefit Democratic nominee Nick Lampson because of DeLay's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.

No shit it would benefit Nick Lampson. He'd skate to an easy win against a disgraced Republican who (ahem) cut and ran. But even if the Republicans are able to overturn this imminent decision, the delays inherent in appealing the case to the 5th Circuit Court of Appeals would hamstring East Texas Republicans, seeking a speedy replacement candidate.

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.

This would mean that, at best, the Republicans are looking at not having a candidate in this race until August, or even September or October. It looks pretty grim for the Texas Rs.

"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.

A juicy part of this case for the Democratic Party lawyers must have been cross-examining DeLay, who testified live that he moved to Alexandria, opened an office in DC, and voted in the Virginia primaries after having registered to vote in Virginia.

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.

Ahhhh, the best laid plans of mice and men often fall into disaster. Cheer up folks, we might still have Tommy to kick around some more, and, best of all, Nick is gonna win one for the party.

•  Delayed withdrawal!

  Hoist by his own petrol... or something.  Enjoying this very much, thanks for the thorough write-up!

  The Music Room.

  by madhaus on Tue Jun 27, 2006 at 03:26:31 PM PDT

•  pretty funny

  I can't say I'd be unhappy for their legalistic tricks to backfire.  We did pull some fast ones in NJ (see getting Lautenberg on the ballot and McGreevy's resignation timing) so I won't pretend it's on any moral grounds.  

  by John DE on Tue Jun 27, 2006 at 03:26:45 PM PDT

•  Hallelujah!

  I just hope the decision turns out the way it seems that it might...

  by bincbom on Tue Jun 27, 2006 at 03:27:42 PM PDT

•  Can someone call Bill Keller of the NYTimes

  and have him report on this:

  ...DeLay, who also owns a house in Sugar Land where his wife continues to live...

  by ROGNM on Tue Jun 27, 2006 at 03:28:51 PM PDT

  •  aoeu

    Surely it's a sin not to live with your wife.

    by TealVeal on Tue Jun 27, 2006 at 06:39:52 PM PDT

    •  You should read the

      May 2006 NY Times Front Page obsession with Bill & Hillary Clinton's marraige and this dkos response to the NYT tabloid jourmalism.

      by ROGNM on Wed Jun 28, 2006 at 06:17:48 AM PDT

•  Tom Delay's 'easy move'

  He stated that the only thing that he had to move to Virginia was his car. I wish moving was that easy for me!

  by FWIW on Tue Jun 27, 2006 at 03:31:17 PM PDT

•  I must be dim but I do not understand what

  DeLay is trying to accomplish with all of this monkey business of moving to Virginia - sort of. Can you all fill me in?

  by LucyTooners on Tue Jun 27, 2006 at 03:32:32 PM PDT

  •  He Knows He's Damaged Goods

    and is trying to make way for a stronger Repug candidate to hold the seat...

    by serrano on Tue Jun 27, 2006 at 03:35:47 PM PDT

  •  skirting election law

    Basically, resigning after winning a primary (rather than before) so that the party can name a nominee, rather than have a primary election to select one.

    by Banana Republicans on Tue Jun 27, 2006 at 03:35:51 PM PDT

  •  Sure.

    By "moving" to Virginia, DeLay is jump-starting a claim under Texas law that he is "ineligible" to be on the ballot. This allows his cronies to hand-pick a replacement to be listed on the ballot. However, if he merely "withdrew" from the race, there can be no replacement, and under the Texas Election Code his name must remain on the ballot as the victorious R primary nominee.

    by chuco35 on Tue Jun 27, 2006 at 03:38:23 PM PDT

    •  Thanks for the heads up and so now I can say

      Judge Sparks do us a favor and find that DeLay did in fact just withdrew from the race. What a hoot to think they may have just run aground with their hairbrain schemes. Going to visit Juanita and see what she has to say about it!

      by LucyTooners on Tue Jun 27, 2006 at 04:04:16 PM PDT

      •  No Worries.

        Judge Sparks couldn't have made it any clearer.

        "He is not going to participate in the election and he withdrew," said U.S. District Judge Sam Sparks.

        As far as I'm concerned Judge Sparks can take 2-4 weeks to issue his formal ruling. That'll burn even more precious time that the Rs desperately need to bring down Lampson. It's not an easy thing to get an expedited hearing and decision from a federal appeals court. Even "expedited" hearings and decisions take months to come down. I'm sure Nick is buying everyone a drink at the local Texas saloon. The Rs? You can be sure they're grinding their teeth in despair right now.

        by chuco35 on Tue Jun 27, 2006 at 04:20:11 PM PDT

  •  He has to leave

    He has to leave the state so he is ineligible to run for office. It is a scam way to get someone else on the ballot after he won the primary. If he is declared ineligible he can be replaced.

    by diaretic on Tue Jun 27, 2006 at 05:02:15 PM PDT

•  Mayor David Wallace is already running radio ads

  in Houston, you know , the usual Nick Lampson is a radical liberal etc. etc.  I haven't heard one, but read about it in the Houston Chronicle. Wallace is mayor of Sugar Land (a part-time position) and a very ambitious person who is a corporate raider by trade. He is the one most likely to get the nod if the judge rules to allow someone else to be on the ballot. He is an attractive candidate, a 40 something man who looks like he is in his 30's.
  He could be a problem.

  by linnie on Tue Jun 27, 2006 at 03:48:26 PM PDT

  •  Too Bad For Wallace.

    Pretty boy and all. Judge Sparks couldn't have made it any clearer. He's gonna rule against the Rs, and keep DeLay on the ballot. Sparks is cramming the Golden Boy's ambitions and aspirations down his throat.

    What a mess for him. He can keep spending money, in the hopes that it won't be wasted if DeLay is kept on the ballot on appeal, or he can keep his powder dry until September or October when he finds out for sure whether DeLay can be replaced.

    What do his ads say? Vote for me, in case I get to be the R candidate?

    by chuco35 on Tue Jun 27, 2006 at 03:55:26 PM PDT

    •  I haven't heard the ads, but the gist of them is

      Let's keep the Congressional seat away from those horrible liberals.  

      by linnie on Tue Jun 27, 2006 at 04:08:20 PM PDT

•  This raises some questions,

  1. Does this mean that Delay and his wife do not live together? If he "lives" in VA and his wife "lives" in TX, are they separated?

  2. Did Delay pay taxes in VA? Do they have a state tax in VA? (I really don't know.) Or did Delay claim that he lives in TX to avoid paying state taxes in VA? The IRS might be interested in that.

  3. Did Delay or his wife vote in TX as well in VA in the primaries? That's voter fraud ain't it?

  I have no idea what the answers are to these questions are if they are even legit.

  Hopefully someone here can help me with them.

  by Texas Tiger on Tue Jun 27, 2006 at 03:52:36 PM PDT

  •  Sure.

    Hey, DeLay and his wife have a long-distance romance.

    He can wait to declare his residence for tax purposes until October of next year, because 2006 tax returns can be deferred until then, and he is claiming that he moved to Virginia in 2006.

    I'm sure DeLay voted in the March Texas primary, and he is declaring under oath that he voted in the Virginia primaries thereafter. I don't understand that this is voter fraud since he was a residence of Texas in March, and he is declaring himself a resident of Virginia as of June.

    by chuco35 on Tue Jun 27, 2006 at 04:01:58 PM PDT

    •  I don't think

      it's a matter of deferment with taxes, it's a matter of which residence does he claim at the time of deferment. He can claim the TX homestead until he moves, that might just be half a year, but if he claims all of it for that year, then he is a TX resident.

      And can a person vote in different primaries in different states? Don't you have to claim residence in the state where you vote? I was always under the impression that you could only vote once in any election, even in primaries, and only one.

      My only point being that if he claims TX for tax purposes and votes in VA, then something is wrong.

      My two cents worth...

      by Texas Tiger on Tue Jun 27, 2006 at 04:25:06 PM PDT

•  I read that DeLay was subpoenaed for this trial

  at his home in Sugarland. Dems used this as evidence he still lives in Sugarland.

  by laurak on Tue Jun 27, 2006 at 04:17:54 PM PDT

  •  Wow, That's A Good Catch.

    Where'd you read that?

    Never underestimate the fertile minds of Texas lawyers, I say.

    by chuco35 on Tue Jun 27, 2006 at 04:22:20 PM PDT

  •  That's cool Got a link?

    by BentLiberal on Tue Jun 27, 2006 at 04:33:57 PM PDT

    •  Here is one:

      http://www.chron.com/...

      And unless the website is not updated, he still takes his homestead exemption in Fort Bend County.

      by texasmom on Tue Jun 27, 2006 at 05:44:53 PM PDT

      •  ty nt

        by BentLiberal on Tue Jun 27, 2006 at 10:29:47 PM PDT

•  Let me ask you this

  What provisions does TX law have if the candidate dies, go crazy where he ends up in a home, or goes to jail? There has to be a way to replace a candidate after primaries in legitimate extenuating circumstances or is the law that strict?

  by jiacinto on Tue Jun 27, 2006 at 04:47:53 PM PDT

  •  Your Answer.

    The Texas Election Code does have provisions allowing for replacement of a candidate when he dies, or when he is ineligible to serve because of a felony conviction. Not so when he goes bonkers (we elect crazy candidates all the time).

    Not being a resident of the state, like being a convicted felon, makes you ineligible to run under Texas law, and allows for a replacement candidate, which is why DeLay and his cronies perpetrated this scam. But the Texas Democrats, in a brilliant move, exposed this scam in federal court, and have assuredly prevailed in their arguments that DeLay merely withdrew from the race because he was politically radioactive (which we all know is the case), and that his supposed move to Virginia is exactly that, a supposed move, despite the pretexts of buying a home in Alexandria, getting a Virginia driver's license, and registering to vote in Virginia.  

    by chuco35 on Tue Jun 27, 2006 at 05:23:48 PM PDT

    •  If DeLay quickly pled guilty...?

      Unlike most people, he does happen to be under indictment for a felony.  If he cops a plea right away, it sounds as if the Republicans could indeed replace him on the ballot.

      VERY interesting!  Is The Hammer going to take a bullet for the good of his team?

      by david78209 on Tue Jun 27, 2006 at 05:58:41 PM PDT

  •  Dying makes you ineligible

    ...I'd imagine.  I guess 'withdrawing' is like forfeiting the race, for the candidate and for the candidate's party.

    I think this is a question of state law, so it could be different from in New Jersey where the Democrats got to replace Torricelli after he'd been nominated.

    by david78209 on Tue Jun 27, 2006 at 05:54:11 PM PDT

•  omg, he is in va

  run him out of town, quick. soon he will be running here. jeezus.

  by lgb30856 on Tue Jun 27, 2006 at 05:34:39 PM PDT

•  delays trial

  Sure hope he has more troubles than where he is going to live...With his pull, his trial will be delayed until after the election..

  by bayside on Tue Jun 27, 2006 at 05:54:38 PM PDT