A U.S. Court judge in Austin has ruled that former House Majority Leader Tom DeLay's name must remain on the ballot in Texas's upcoming congressional election despite the fact that DeLay has resigned from his post.
Republicans had planned to replace DeLay on the ballot after he announced his resignation in June. In fact, DeLay no longer lives in the district, having moved to Virginia shortly after announcing he would step down.
Democrats wanted to keep DeLay on the ballot and successfully argued he could not be declared ineligible until after election day.
Judge Sam Sparks, who was appointed to the federal bench by President George H.W. Bush, ruled that the Constitution says a candidate only need be an “inhabitant” of the district and DeLay still owns a house in the district even though he switched his driver’s license and voter registration to Virginia.
The Texas Democratic Party also successfully argued that DeLay stepped down because he feared defeat. DeLay has been indicted on charges of money laundering and conspiracy. He still managed to win the Republican primary but later elected to resign under pressure due to mounting scandals on June 9.
Republicans have said they intend to appeal the judge’s ruling but for now, Tom DeLay remains on the ballot.
