Run like a rabbit ( Judge tells DeLay)

[sonias]

Juanita's recap
http://www.brazosriver.com/index.html
June 26 - It's almost over. Well, the GOP's handpicked federal judge seems to be upsetting them terribly by following the law. Harvey Kronberg (sorry, subscription only)

SPARKS TROUBLED BY CANDIDATE SWAPPING AFTER PRIMARY
Tells GOP to take no steps to replace DeLay until after ruling
U.S. District Judge Sam Sparks made it clear Monday afternoon that he considered former U.S. Rep. Tom DeLay’s maneuvering to get off the ticket a "withdrawal" by the candidate and the Sugar Land Republican’s subsequent moves to be declared ineligible a way to game the system.

Sparks did not issue a judgment on whether the Republican Party of Texas could declare DeLay ineligible for the November ballot, but he concluded the daylong hearing with several pointed questions for counsel representing party chairwoman Tina Benkiser. The Texas Democratic Party has asked to prevent Republicans from naming a replacement for DeLay on the ballot.

The judge said the evidence showed that DeLay simply decided that he would not complete the race. Lawyers working for DeLay then took time to figure out the best way "to manipulate the Republican Party, which he had a right to do," Sparks said.

However, Sparks seemed troubled by the precedent set by the action, saying he was worried it could lead to widespread candidate swapping. "If (DeLay) is allowed to do this … it can happen in every race in the state for any office.

View from 22
http://viewfrom22.blogspot.com/
Sparks orders another halt to GOP's effort to replace Delay

No official ruling on the merrits yet, but the mercurial Sparks orders the GOP to cease the process the replace DeLay, at least until the end of the week.

Kronberg:
U.S. District Judge Sam Sparks made it clear Monday afternoon that he considered former U.S. Rep. Tom DeLay’s maneuvering to get off the ticket a "withdrawal" by the candidate and the Sugar Land Republican’s subsequent moves to be declared ineligible a way to game the system.

Oh boy this looks good!

Sonia

[WolverineDG]

1. I've been down this road before with Repubs

Sure they talk tough at first, but then they roll over & do the party's bidding. So, I'll save my shouting for when the ruling comes out.

:)

dg

[Gman]

2. When 'ol Tom withdrew, he conceded the election to Lampson

even though all he wanted to do was collect money as a candidate. He still withdrew and conceded to Lampson.

[sonias]

3. Interesting question posed on BOR

If Tom is ruled to have withdrawn from the race, his name stays on the ballot. So the question is can he technically be elected?

I personally think Nick Lampson would have no problem beating Tom DeLay at the ballot box. That's the real reason bugman is cutting and running. He knew he would lose.

But just on a fixed/screwed up election chance, let's say that he does get more votes than Nick. Would he really be re-elected or does his withdrawal mean he can't win even if he were to fix the election and steal enough votes to come out on top?

Sonia

[Melissa G]

4. Yeah, that was my question too.. since we can't see the votes to

count them and know if they are getting stuffed. The powers that be could stuff them anyway and say look, Delay won. Let's appoint a repub of choice..I put nothing past them after re redistricting! GRRRR!

[sonias]

11. I think we really want DeLay off the ballot period, Melissa

Juanita has an interesting post today saying the judge has 3 options, and 2 of them are good for us.

http://www.brazosriver.com/index.html
Judge Sparks can make one of three rulings:
(1) DeLay moved to another state, becoming ineligible to run, and the GOP can replace him on the November ballot,
(2) DeLay's move was a sham, so he must stay on the ballot, or
(3) DeLay's move was a sham and DeLay withdrew his name from the ballot so there will be no Republican name on the November ballot.
The Republicans want (1). The Democrats want (2). It appears that Judge Sparks may be leaning to (3).

In one of my earlier posts I link to the Texas election code and I agree that option #3 is what Sparks should rule. That way they can't cheat at all, since DeLay won't even be listed on the ballot. Best outcome possible.

Sonia

[Melissa G]

13. I agree that is the best outcome possible.

Number 1 sets a horrible precedent that could bite everybody in the behind!
He does not seem to be that silly a judge to bring that down on us..
Hoping for the Best!

[johncoby2]

6. You know, I got to agree! DeLay WITHDREW and concided the election!

They are setting a terrible precedent if they allow DeLay to get off the ballot just because he was going to lose.

[muse]

5. We are having fun with this in TX-22 today!

I was getting up to the minute emails all day and then I went to a Fort Bend Democratic Party meeting tonight where this was discussed. Fun times! The great thing is that the judge said the Republicans can't participate in any activities to replace DeLay on the ballot until he makes a ruling - which will be on Monday, at the earliest. Harris County Republicans already had a June 29th meeting scheduled of precinct chairs to pick their Gang of Four member. Looks like they will have to cancel that.

In other news, the US Supreme Court did not rule today on Texas redistricting. The next day for this is Wed., but it is looking likely that the SCOTUS will extend their session through next week.

[redqueen]

7. thanks for that update! n/t

[sonias]

8. muse, I'd keep tabs on them if I could

Just because a judge tells them not to do something doesn't mean they will abide by it. Remember they think they are above the law. I suspect that they will still be discussing the replacements at least via e-mails and phone calls. But if you can catch them meeting at some public venue then that would be extra sauce for the cooked goose DeLay.

Have fun enjoying this! After all the misery this man has put your district and our country, we all deserve to sit back and watch the heat turned up on DeLay and his corrupt cronies.

Sonia

[muse]

14. I LOVE the idea of trying to catch them

THAT is a great idea. I could actually see that happening. We have some pretty sharp people out here in Fort Bend who have an inside track on what the Republicans are doing. Great idea.

[Czolgosz]

9. When the courts determine it is too late for the GOP to replace DeLay on

the ballot, how long will it be before DeLay files an affidavit claiming that he has abandoned his Virginia residence and has resumed his Texas residence?

[sonias]

10. I'd say 5 seconds

But again it's that legal question - can DeLay legally win a seat that he's been ruled to have withdrawn from? What does a withdrawal mean for legal purposes? Can he just say "I'm back" just like that and be a candidate again? I hope not.

I can't seem to make a whole lot of sense of the election code for this section. I would think it would mean concession. If DeLay is ruled to have withdrawn and he's done that before the 74th day of the election, then his name is not even on the ballot. That's what I think it says.

http://www.capitol.state.tx.us/statutes/el.toc.htm
CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY OF CANDIDATE

Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT. A candidate's name shall be omitted from the ballot if the candidate withdraws, dies, or is declared ineligible on or before the 74th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 2005, 79th Leg., ch. 1109, Sec. 7, eff. Sept. 1, 2005.

Sonia

[Czolgosz]

12. A withdrawn candidate's name is removed from the ballot (and not replaced

if the withdrawal was under the circumstances of DeLay's withdrawal).

I imagine that DeLay stop at nothing in his attempt to "unwithdraw" if Judge Sparks finds that the DeLay-GOP scheme to game the Texas Election Code cannot be used to replace DeLay on the ballot with a hand-picked Republican Party stooge.