Judge’s ruling keeps DeLay on ballot
DeLay to remain on the November ballot
AUSTIN — A federal judge ruled today that Republicans cannot replace former U.S. Rep. Tom DeLay on the ballot for the 22nd Congressional District race. 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.
I suppose your reaction to yesterday’s ruling will depend on what side of the political fence you happen to live on. If you’re a Republican, especially a slash-and-burn, kill-‘em-all-let-God-sort-‘em-out Red Meat Conservative in CD22, you probably feel as if Judge Sparks is just another wild-eyed Librul only too willing to “legislate from the bench”. Those of on the Left are celebrating this ruling, because it represents a victory for the rule of Law. Tom DeLay and state Republican Chair Tina Benkiser wanted to essentially have their cake and eat it too- get DeLay on the ballot and then replace him with the candidate of their choice. Thankfully, Texas law very clearly proscribes that sort of electoral manipulation. You can bet that if Democrats were engaging in this sort of behavior, Texas Republicans would be up in arms, throwing fits of righteous indignation. Hey, if it’s good for the goose….
Now the Texas Republican Party is faced with a real problem. Of course, they’ll appeal Sparks’ decision, but there’s a very real likelihood that the appeals process will continue past Election Day. So, does DeLay run for an office he has already resigned from…or do CD22 Republicans take their medicine and live with the consequences of their failed manipulation?
This, I suppose, is what happens when you get caught playing fast and loose with the rules….
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.
Sparks’ ruling halts the process of replacing DeLay on the ballot, but the GOP has appealed the decision to the 5th Circuit Court of Appeals. James Bopp Jr., a GOP lawyer said the party will ask that the case be rendered this month.
If the Republicans lose on appeal, DeLay will have to decide whether to campaign for an office from which he already has resigned.
The end result of CD22 Republicans being caught playing both ends against the middle is that Democrat Nick Lampson will likely be victorious in November. A Democrat? Representing CD22 and the “I’ve got mine, you get your own” Republicans of Ft. Bend County? It’s not as if Lampson is a Congressional novice, having represented Beaumont for eight years before DeLay redistricted him out of office.
Of course, if you think that Republicans are going to take being caught with their hands in the cookie jar lying down, you clearly aren’t from around here. These folks are the very definition of the phrase “poor losers”.
Earlier in the day, his daughter, Dani DeLay Ferro, issued a statement on his behalf.
“Tom DeLay looks forward to the correct decision being rendered by the 5th Circuit Court of Appeals. As a resident of Virginia, he cannot lawfully be on the ballot in November. It is unfortunate that the voters of the 22nd District of Texas are the ones who bear the brunt of Judge Sparks’ ill-advised decision, but it is highly likely that it will be overturned and the voters will have a Texas 22 Republican on the ballot who will defeat Nick Lampson,” she said.
Of course, it goes without saying that if you’re a Republican, the “correct” decision is one that allows Republicans to do whatever they think is appropriate in order to keep CD22 in Republican hands. Apparently, respecting the law is a secondary concern.
Speaking for myself, and independent of my desire to see Lampson win in November, I’m grateful for yesterday’s ruling. It should go without saying that no political party should be able to manipulate the ballot to ensure themselves a favorable electoral outcome. My understanding of the law is that DeLay cannot be replaced under the circumstances laid forth. He is still living in his Sugar Land home; merely changing his legal residence on paper should not be sufficient to allow Texas Republicans to manipulate the ballot to their advantage.
As Republicans in Texas are so fond of saying to those of us on the Left: We won, you lost. Stop your whining and get over it already. GOP does NOT stand for “God’s Own Party”, and there is nothing that says that CD22 is Republican by birthright. Play by the rules, or get out of the game. Now stop your whining and get over it already.
