Delay to stay on ballot says 5th Circuit Court
I know this does not directly relate to Oklahoma but it will have implications.
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Court Rules DeLay's Name Stays on Ballot
By KELLEY SHANNON
The Associated Press
Thursday, August 3, 2006; 4:01 PM
AUSTIN, Texas -- A federal appeals court panel on Thursday refused to let Texas Republicans replace Tom DeLay's name on the November congressional ballot.
The finding upheld a July ruling by a federal judge that the ballot must list DeLay, who won a March primary before resigning from Congress on June 9. He now lives in Virginia but is awaiting trial in Texas state court on money laundering and conspiracy charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.
Republicans want to pick another nominee to face Democrat Nick Lampson in November. Democrats sued to keep DeLay on the ballot. Keeping him on the ballot gives them an easier race and bolsters their attempts to make the indicted former House majority leader their symbol for claims of Republican corruption.
Thursday's ruling said that GOP state chairwoman Tina Benkiser acted unconstitutionally when she tried to remove DeLay as the party nominee because he had moved.
Democrats had noted that DeLay's wife, Christine, still lives in the DeLays' house in Sugar Land, just outside Houston.
While the U.S. Constitution requires a candidate to live in-state, the question is where he is residing on Election Day, not now, the three-judge panel of the 5th U.S. Circuit Court of Appeals said.
"Proof of DeLay's present residency may suggest where he will be in the future; however, it does not put the matter beyond dispute or question," the opinion said.
Lawyers for Republican and Democratic party leaders said they were still studying the opinion and had no other immediate comment Thursday.
If the Republican Party chairman decides to appeal, the matter could be directed to the full appeals court or the U.S. Supreme Court.
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I wonder if Oklahoma Democrats will be able to use this against Republicans like Istook in the fall. With Delay's name on the ballot it brings things out front and center. That why I love Istook's congressional campaign slogan so much... 'Integrity in Congress!' ... that's just funny! Istook recived $6000 from Abramoff.
_______________________________________________
Court Rules DeLay's Name Stays on Ballot
By KELLEY SHANNON
The Associated Press
Thursday, August 3, 2006; 4:01 PM
AUSTIN, Texas -- A federal appeals court panel on Thursday refused to let Texas Republicans replace Tom DeLay's name on the November congressional ballot.
The finding upheld a July ruling by a federal judge that the ballot must list DeLay, who won a March primary before resigning from Congress on June 9. He now lives in Virginia but is awaiting trial in Texas state court on money laundering and conspiracy charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.
Republicans want to pick another nominee to face Democrat Nick Lampson in November. Democrats sued to keep DeLay on the ballot. Keeping him on the ballot gives them an easier race and bolsters their attempts to make the indicted former House majority leader their symbol for claims of Republican corruption.
Thursday's ruling said that GOP state chairwoman Tina Benkiser acted unconstitutionally when she tried to remove DeLay as the party nominee because he had moved.
Democrats had noted that DeLay's wife, Christine, still lives in the DeLays' house in Sugar Land, just outside Houston.
While the U.S. Constitution requires a candidate to live in-state, the question is where he is residing on Election Day, not now, the three-judge panel of the 5th U.S. Circuit Court of Appeals said.
"Proof of DeLay's present residency may suggest where he will be in the future; however, it does not put the matter beyond dispute or question," the opinion said.
Lawyers for Republican and Democratic party leaders said they were still studying the opinion and had no other immediate comment Thursday.
If the Republican Party chairman decides to appeal, the matter could be directed to the full appeals court or the U.S. Supreme Court.
________________________________________________
I wonder if Oklahoma Democrats will be able to use this against Republicans like Istook in the fall. With Delay's name on the ballot it brings things out front and center. That why I love Istook's congressional campaign slogan so much... 'Integrity in Congress!' ... that's just funny! Istook recived $6000 from Abramoff.
posted by nsight at 3:02 PM
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