Rick Hasen is a top election law lawyer, and he's studied the decision forbidding Texas Republicans from replacing DeLay's name from the ballot with someone else. Texas Republicans
don't have a lot of options.
I think there is a good chance this opinion is upheld on appeal. If so, Republicans appear to have two choices:
(1) DeLay may run for office again (then potentially resign [if he wins], allowing the governor to call a special election to name a replacement), a step DeLay is considering;
or
(2) DeLay withdraws, and Republicans support a write-in candidate. My quick look at the Texas write in rules make this look like a possible strategy, but there may be wrinkles I don't see at first glance. Even though the district is a Republican one, it will be hard for Republicans to mount a successful write-in campaign, especially if legal proceedings drag out for a while before the party unites behind a write-in candidate and explains to voters how to cast a write-in ballot.
There's a reason DeLay tried to pull this bait-and-switch gambit -- because he didn't think he could beat Nick Lampson. Democrats are better off with DeLay on the ballot than some clean, fresh-faced Republican. Especially now that DeLay would have to explain to the district's voters why DeLay was so keen on giving the district the middle finger so he could become a Virginia resident.
This is now back to being one of the top Democratic pickup opportunities in the House this year.