Comments on: Judge: GOP Can’t Replace DeLay on November Ballot

By: yetanotherjohn

yetanotherjohn — Fri, 07 Jul 2006 16:18:32 +0000

Tony, "yetanotherjohn: Texas law canâ??t trump the constitution, which only requires residency ON ELECTION DAY. (Republicans used that constitutional nicety to get Maryland resident Alan Keyes on the ballot for Senate in Illinois in 2004.) So, imagine." Not sure where you are going with this. The judge says the Texas law (which allows replacement of a candidate if he is not a resident of the district) would require a "facto residency requirement in violation of the United States Constitution". But as James pointed out, the constitution has an explicit residency requiremnt. Now you are right that the residency requirement in the constitution is only for election day. But I fail to see the logic that says a state law that trys to prevent a constitutional problem with residency that allows a party to replace a non-resident with a resident could be unconstitutional. Texas law is clear on this. Check out sections 145.035 and 145.036 - 145.038. You have to take his name off the ballot and the party gets to put another name. What james was talking about for handeling deceased, sick or inelgible candidates. I can't gurantee that with the 67th, 74th, 70th, 62nd etc days before election that there isn't a window for a problem, but we are well ahead of that. I just can't see this being upheld on appeal.

By: Running Scared

Running Scared — Fri, 07 Jul 2006 10:41:31 +0000

Tom DeLay Still at the Center of Controversies...

Upon returning from vacation, I was somewhat put off at reading about this Houston Chronicle story over at ...

By: tony

tony — Fri, 07 Jul 2006 05:05:52 +0000

The problem here is that DeLay did not withdraw. The reason he didn't is that Texas doesn't allow candidates who voluntarily withdraw to be replaced -- the purpose, which probably seemed like a good idea at the time -- was to prevent Torricelli-like switch-a-roos. I think, though, that DeLay could be replaced on the ballot if he went the way of Ken Lay before the election. Sometimes this federalism thing and each state having its own laws on details is confusing and a pain, but mostly it serves us well. The difficulty here is that what REALLY happened is DeLay chose to leave the election, which Texas chose not to allow. If he was going to do that, he should have done it before the primary or the voters should have selected on of the qualified persons who challenged him. (Side question: Does anyone know why someone didn't just get petition signatures to get on the ballot so there would be SOME competition, just in case?)

yetanotherjohn: Texas law can't trump the constitution, which only requires residency ON ELECTION DAY. (Republicans used that constitutional nicety to get Maryland resident Alan Keyes on the ballot for Senate in Illinois in 2004.) So, imagine.

herb: of course, if he won, then he could resign (again) and the governor could chose his replacement. I wonder why everyone is so afraid of that option. Is DeLay that toxic in his own district?

By: Herb

Herb — Fri, 07 Jul 2006 02:44:58 +0000

HOPE HE WINS

By: The Right State » Blog Archive » Judge Rules Tom Delay to Remain on Texas Ballot

Fri, 07 Jul 2006 01:32:17 +0000

[...] Outside the Beltway notes something that I had forgotten, according to New Jersey law, Torricelli name should not have been taken off the ballot. [...]

By: Unpartisan.com Political News and Blog Aggregator

Unpartisan.com Political News and Blog Aggregator — Thu, 06 Jul 2006 23:05:26 +0000

Judge Rules DeLay Stays on Ballot...

AUSTIN, Texas -- The Texas Republican Party must keep Tom DeLay's name on the November ballot, even...

By: yetanotherjohn

yetanotherjohn — Thu, 06 Jul 2006 22:54:44 +0000

Everything in the Texas papers on this was saying that the Texas law was clear. Delay having to move out of the district (to make him ineligible under the law) was the only sticking point and Delay has done that.

I can't imagine this being upheld on appeal.

By: The Reaction -- by Michael J.W. Stickings

The Reaction -- by Michael J.W. Stickings — Wed, 31 Dec 1969 18:00:00 +0000

Honestly, aside from the Democrats taking both the Senate and the House, what else could you wish for this November? (See also Amanda Marcotte, Tim F. at Balloon Juice (who looks at Republican sleaze), Swing State Project, and, on the other side, James Joyner.)

By: QandO - Free Markets, Free People

QandO - Free Markets, Free People — Wed, 31 Dec 1969 18:00:00 +0000

Via Outside the Beltway, let’s note that Tom DeLay is being kept on the Texas Ballot despite the fact that he dropped out of the race some time back.A federal judge ruled today that Republicans cannot replace former U.S. Rep. Tom DeLay on the ballot for the 22nd