Court: Tom DeLay Staying on Ballot

Texas District 22The Texas GOP is now appealing to the Supreme Court after a federal appeals court panel ruled that they cannot replace Tom DeLay on the Texas CD-22 ballot after the primary had been held. The GOP had argued that DeLay was no longer a resident of his district, but was rebuffed by the panel:

“When Benkiser reviewed the public records sent by DeLay and concluded that his residency in Virginia made him ineligible, she unconstitutionally created a pre-election inhabitancy requirement,” said the opinion written by Judge Pete Benavides for himself and Judges James L. Dennis and Edith Clement.

[…] “There is no evidence that DeLay, the incumbent candidate of a dominant political party, will receive only minimal support,” the court said. “Here, we fail to see how removing DeLay from the ballot would protect the voters, inasmuch as it was the voters themselves who selected DeLay as the Republican candidate for the general election.”

It’s possible DeLay will end up staying on the ballot at this point, as it seems the Supreme Court would be unlikely to overturn the decisions of two lower courts who have written such pointed decisions. Sadly, with all the kerfuffle of trying to keep DeLay on the ballot, it may end up working in his favor as this very Republican district could vote for him out of spite at the Democrat’s strategy rather than voting for the most qualified candidate (which DeLay, mired in corruption scandals, obviously isn’t).

Also on the ballot are the Libertarian candidate Bob Smither and Democrat candidate Nick Lampson.

Stephen VanDyke

I've published HoT along with about 300+ friends since 2002. We're all Americans who are snarky and love our country. I'm a libertarian that registered Republican because I like to win elections. That's pretty much it.

  1. Good news for Bob Smither. Hopefully Delay will just withdraw (best scenario from a jail cell) and make it Smither vs. Lampson.

  2. If Tom Delay is receiving campaign funds to run for a office it seems only right that his name be on the ballot.

  3. He’ll get the highest turnout in the state. Which tells you everything you need to know about Republicans and their morals.

  4. David,

    Come on. The reason DeLay is in trouble is precisely because Republican voters have morals. Democrats could never oust DeLay in a district that is 62% Republican. And consider why the Republicans are fighting so hard to get DeLay off the ballot. They know he loses if he runs.

    I also disagree with the host of this site. There will be no backlash against the lawsuit. In order for that to happen, Republican voters who would have abandoned the corrupt DeLay before the lawsuit would have to embrace the corrupt DeLay after the lawsuit. As one of those Republican voters who opposes corruption, the reasons that would cause me not to vote for DeLay are still intact.

    Now the party without morals is the Democratic Party. They would stick with immoral Democratic officials no matter what. Witness the President Clinton ordeal. Lying under oath is defensible. Party is more important than principle to Democrats.

  5. You think the Republicans are morale too? Let’s see…Patriot Act, Unconstitutional War in Iraq, Increased National Debt and Spending, Squashing Civil Liberties and Freedoms, Illegal Wiretapping on American Citizens….need I continue?

  6. In Love how the Republicans are always going “but Clinton Lied.” It would be nice for them to REMEMBER that a Republican controlled Congress decided that this was serious not enough to remove him from office. You true believers need to look at your current leaders before you start preaching about who has morals. Neither party can claim this!

  7. Tom Delay breaking the laws of the State of Texas and of the United States is a reflection on the morals of the Democratic Party??

    These GOP deniers are now shooting the Kool-Aid right into their veins!