RPT SUCCESSFULLY MOVES DELAY BALLOT REPLACEMENT ISSUE INTO FEDERAL COURT

[Melissa G]

This was on the Quorum report..
I'm not a subsciber so does anyone have more up to date scoop?

http://www.quorumreport.com/
June 16, 2006 2:57 PM
RPT SUCCESSFULLY MOVES DELAY BALLOT REPLACEMENT ISSUE INTO FEDERAL COURT
No timeline other than expiration of TRO
Yesterday, the Republican Party of Texas filed a Notice to Remove in state court which automatically moved the issue of replacing former Congressman Tom DeLay on the November ballot into federal court.

Democrats had obtained a Temporary Restraining Order on June 9th preventing the convening of electors in the four counties in CD22. The TRO effectively prevented Republicans from choosing a replacement for DeLay on the November ballot.

According to RPT attorney James Bopp, the relocation into federal court was automatic and required no hearing.

Bopp said the issue belonged in federal court, "because the Democrat Party has raised two federal issues."

The rest of the story, subscribers only

[rusty_parts2001]

1. What the f**k is the Democrat party?

There is a Texas Democratic Party which has lots of Democrats in it. They need to be called on this every time.

[NoPasaran]

3. What do you want to have happen?

The TDP filed this suit in the first place---although the cynic in me thinks that they did it just prior to the convention so that Boyd Richie could get lots of applause every time he mentioned it.

[TexasLinda]

5. I suspect

that if the TDP had not filed suit Boyd would have been accused of not doing his job. I respect Boyd (and Glen and Charlie) for being willing to take the unpaid TDP chair position and all the carping, whining, and second-guessing that goes with it.

[Czolgosz]

9. The timing of the suit was clearly related to the timing of the GOP's

movements to illegally replace DeLay on the ballot after he effectively withdrew after the parties' primaries.

The TDP couldn't have brought the suit much earlier because the controversy wasn't ripe until DeLay began his "let's pretend I didn't withdraw from the race" sham, and the suit couldn't have been brought much later or it would have been too late.

I don't think you should ascribe much meaning to the timing of the matter.

[CoolOnion]

15. I think I'm the only one who read your post

I agree, we should call editors on this everytime we see a "usage error" involving the term "Democrat Party." I agree--we should point out this error every time we see it.

[cosmik debris]

16. The article quotes a Publican using the term Democrat Party

It was not the usage of the author of the article. You can't expect them to misquote, but I wish they would note the grammatical error each time the Publican party misuses it.

[cosmik debris]

2. from the same source more info

"Today, Federal Judge Sam Sparks set a hearing date for June 26, 2006, to hear arguments in the Preliminary Injunction Hearing regarding the pending lawsuit filed by the Texas Democratic Party to prevent the Republican Party of Texas from improperly replacing Tom DeLay on the ballot. Judge Sparks refused to quash the Temporary Restraining Order (TRO) issued in State Court against the Republican Party of Texas, meaning the TRO remains in effect through June 22, 2006. This TRO prevents the Republican Party of Texas from finalizing the back door deal they made with Tom DeLay to allow his replacement on the ballot to be hand picked by a handful of party officials after a sham primary."


“Today’s ruling advances our important effort to end the political sham set up by Tom DeLay and the Republican Party of Texas,” said Texas Democratic Party Chairman Boyd Richie.

“Whether this petition is heard in State Court or Federal Court, the merits of this petition remain the same. The Republican Party cannot conclusively establish from any record, either today, tomorrow, or in October, that Tom DeLay will not be an inhabitant of Texas on Election Day,” Richie added.

Under the U. S. Constitution, eligibility for Congress is established when a person is determined to be an inhabitant of the state on Election Day, not by state residency requirements. When Tom DeLay filed for office, he swore that he would be an inhabitant of Texas on Election Day. The Republican Party of Texas cannot prove from any public record that Tom DeLay will not be an inhabitant of Texas on Election Day.

“The Texas Democratic Party is acting to protect the voting rights of all Texans. If Tom DeLay and the Republicans are successful, they will have established a precedent allowing Party leaders to arbitrarily swap out candidates whenever their nominee looks like a loser,” said Richie. “As a matter of principle, we cannot allow Tom DeLay to fake a primary campaign and trample on our electoral process any longer.”

[Melissa G]

4. Thanks, cosmik debris!

I knew some good DUer would have more scoop!
Not lookin' so good for the Bugman or the Republican Party of Texas but the repugs have more control right now of the federal judges so i wonder what handpicked place they are trying to send this to....
Any guesses?

[muse]

6. The View from 22 has good info

http://viewfrom22.blogspot.com/

on the judge and the legal arguments.

This is Juanita's son who writes this. He's working in our Fort Bend Democrats headquarters this summer and he is a great source for what is really happening.

[cosmik debris]

8. Hey, that's a good site.

Thanks for adding to my list of reference sites re: district 22.

[sonias]

10. I picked that site up from your blog Muse

And was very impressed reading his posts this weekend. His analysis on Sam Sparks is right on. Sparks might be republican but he's not the run of the mill, blinders on, acquiesce to republicans kind of guy. His rulings on some cases made repukes sick. He's definitely pro-business though.

When the TX-GOP went to the federal courts, it's not like they got to hand pick their judge. Cases get assigned on some rotation basis. I'm sure repubs are trying to spin him as better than the Democrat that issued the TRO, but the truth is, he might just do the right thing. We was appointed by poppy not jr.

Here's a good bio piece on Sparks
http://www.goodlifemag.com/archives/11-05/11-05_sparks.htm

Sonia

[Melissa G]

13. Thanks for the Sparks link ,Sonia! n/t

[muse]

14. Mark is very cool and very much in the know

He's taking a break from law school this summer and that's why he is working in our Fort Bend headquarters and blogging. We are lucky to have him so involved in the Lampson campaign and with our local candidates this summer! I saw Mark tonight and we got to catch up. I don't look forward to him going back to law school in the fall and disappearing back into that!

[Melissa G]

11. Thanks Muse! It is a good site!

We love this next generation!

[cosmik debris]

7. I am waiting for BOR et. al.

When we hear from Juanita, Fort Bend Now, Czolgosz, and BOR, We will know all. I depend on them for the facts and expert analysis.

(i.e. I am too dumb to guess right and too smart to guess wrong:))

[Melissa G]

12. Good plan! i'll follow your lead. Thanks for the list! n/t