DeLay to remain on ballot in Texas, judge decides

AUSTIN, Texas — The Texas Republican Party must keep indicted former congressman Tom DeLay on the November ballot, even though he isn't campaigning for re-election, a judge ruled Thursday.

GOP leaders want to replace DeLay on the ballot and say state election law allows them to select a new candidate because DeLay has moved out of Texas. Democrats sued to block them.

DeLay, the former U.S. House majority leader, won his Republican primary in March but resigned in June and moved to Virginia. He is awaiting trial on money laundering and conspiracy charges connected to the financing of Texas legislative campaigns in 2002 with alleged illegal corporate money.

In court last week, DeLay testified that he lives and votes in Virginia and that he has a Virginia driver's license. But lawyers for Texas Democrats pointed out DeLay still owns a Houston-area home, where his wife, Christine, lives and where DeLay spends time.

The Democrats argued it couldn't be shown conclusively whether DeLay would be an "inhabitant" of Texas — as required by the U.S. Constitution — on Election Day.

U.S. District Judge Sam Sparks agreed, saying he was not convinced that DeLay would not return to Texas, despite his current Virginia residency.

"DeLay was chosen as the Republican nominee by the voters in the Republican primary, and he is still eligible to be the party's nominee," Sparks wrote.

Therefore, Sparks ruled, Texas Republican Party chairwoman Tina Benkiser was wrong to declare DeLay ineligible for the election and said that the Texas secretary of state cannot certify any GOP candidate other than DeLay to appear on the ballot.

The judge said DeLay cannot be removed from the ballot unless he withdraws as a candidate.

If he does withdraw, under state law, he cannot be replaced on the ballot.

"This is a strong opinion enforcing the rule of law over the abuses of DeLayism," said Cris Feldman, an attorney for the Democratic Party.

Republican Party attorney Jim Bopp said the party will appeal.

"I think his ruling throws elections into chaos because it would prevent states from having reasonable procedures to determine the eligibility for candidates for federal office prior to the election," Bopp said.

Democrats want to keep DeLay and his legal troubles on the minds of voters and hope to win his former seat in the 22nd congressional district, where Democrat Nick Lampson is running.

"Now he's on the ballot, now he's off the ballot," said Lampson spokesman Mike Malaise. "We're just campaigning as if we have an opponent."

Democrats contend that GOP officials worked for months to manipulate the election system to ensure that they could hand-pick a new nominee after DeLay's primary.