TX-22: Tom DeLay Must Remain On the Ballot

Republican district court judge Sam Sparks has ordered that Tom DeLay must remain on the ballot this November, and that Republicans must cease their efforts to replace him. (Houston Chronicle, emphasis mine):

U.S. District Judge Sam Sparks, a Republican appointee, ruled that DeLay must appear on the Nov. 7 ballot as the GOP nominee for the congressional seat that he abandoned last month.

Sparks said DeLay could "withdraw'' from the race under Texas election law, but that still would not allow the Republicans to replace him on the ballot.

DeLay had sought to have state Republican Chair Tina Benkiser declare him ineligible by moving from Sugar Land to his condominium in Virginia. But Sparks said that would not make him ineligible because the requirement under the Constitution is whether DeLay is an inhabitant of Texas on election day.

Sparks said contradicting evidence raised questions about whether DeLay planned to remain a resident of Virginia, but he said that did not matter because DeLay could not say where he would be on election day.

"The court holds that allowing Benkiser to declare DeLay ineligible at this time would amount to a de facto residency requirement in violation of the United States Constitution,'' Sparks said in his opinion.

With Tom DeLay's name on the ballot, Democrat Nick Lampson holds a definite edge. Of course, this decision could be reversed on appeal. But even so, the longer Tom DeLay sticks around as the nominee, the more money Lampson can raise running against him. And the longer other potential Republican nominees have to wait to put together a campaign.