Cant Keep Quiet!

Back in April, after already winning re-election in the primary for his Congressional seat, DeLay announced that he was going to resign from Congress and would be moving his residence to Virginia. It seemed that his House seat was now up for grabs for another Republican candidate. However, under Texas law the only way that DeLay’s name can be removed from the ballet is through his death or for him to no longer live in Texas on November 7, 2006.

So, you’re thinking, DeLay has said he was moving to Virginia. True, he said that, but he still owns a home in Houston, Texas. His wife lives in that home and DeLay still spends his time there. Texas Democrats, aware of this residence issue, sued the courts to keep DeLay’s name on the ballot for November thereby keeping any other Republican from being able to run in DeLay’s place.

Yesterday, Republican appointed U.S. District Judge Sam Sparks ruled on the side of the Democrats. In his opinion, Sparks wrote

There is no evidence that DeLay will still be living in Virginia tomorrow, let alone on November 7, 2006, the only day that matters under the Qualification Clause of the United States Constitution. 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.

Not all Republicans disagreed with Sparks’ decision. Some felt that DeLay held off his retirement announcement until after the primary to keep detractors in his own party from succeeding him. DeLay believed that by waiting to retire after the primary then his party replacement on the ballot would be picked by Republican precinct chairs in his district.

Texas Republican Party Chairman Tina J. Benkiser announced plans to appeal Sparks’ decision to the U.S. Court of Appeals for the 5th Circuit. DeLay’s daughter and spokeswoman stated that DeLay was looking forward to the Appeal Court making the “correct” decision. She also reiterated that DeLay was a resident of Virginia.

No matter which way the Appeal Court rules, Republicans in Texas’s 22nd District are in a bind. If the Appeal Court doesn’t overturn Sparks’ ruling they are left with a party nominee who has in effect abandoned his district and has announced he doesn’t want to run. If the ruling is overturned, the district’s Republican precinct chairs will have very little time to decide which of 9 prominent potential Republican candidates will run in DeLay’s place.

Cross posted on Bring It On!