DeLay to remain on T-22 ballot

A federal judge in Texas ruled today that Tom DeLay's name must remain on the ballot for the November election in the 22nd Congressional District of Texas. Hot Tub Tommy's little tap dance, "relocating" to his condo in Virginia, didn't work. He claimed that, since he was no longer a resident of Texas, his "former" home state's Republican Party should be allowed to replace him on the ballot.

No deal.

DeLay already had won the Republican nomination for re-election to his district when he resigned from the U.S. House on June 9. [Texas State Republican Party Chair Tina] Benkiser declared DeLay ineligible because he had become a resident of Virginia, and she started the process of replacing DeLay on the ballot.

The Texas Democratic Party sued, claiming Benkiser had no authority to declare DeLay ineligible.

The Democrats said DeLay's eligibility is determined by the U.S. Constitution as to which state DeLay is an inhabitant of on election day, Nov. 7. They said DeLay also could not withdraw from the race because state law does not allow a party's nominee to withdraw when another political party also has a nominee.

Republicans argued that Benkiser could declare DeLay ineligible because the Constitution allows the states to control the manner and means of the election. They said that by changing his official residence to Virginia, DeLay had made himself ineligible for the Texas office, even though he still maintained a home in Sugar Land.

Now, this is fascinating.

The Chronicle points out that DeLay has to make a choice now between essentially handing his congressional seat to Democrat Nick Lampson, or campaigning for a seat from which he has already resigned. Either way, it's a pickup for the Dems, and not just because DeLay is damaged goods for whom no sane Texan would vote.

Consider the following scenario. Imagine DeLay decides, "heck with it, I'll go ahead and run." Imagine also that the demon god that he serves intervenes with its unholy magic and DeLay actually wins, in contravention of all the laws of God and nature.

The Texas Democratic Party could claim at that point that DeLay was not, in fact, a resident of Texas on election day. He has, you see, already declared under oath that he is a citizen of the great state of Virginia.

DeLay testified in federal court that he has registered to vote in Virginia and that he cast a ballot in that state's recent primary. He said he has a Virginia driver's license, has state tax withheld in Virginia and lives in a condominium in Alexandria, Va.

If a court decided that DeLay was not, in fact, a Texas resident on November 7th, Lampson would take the seat anyway. The skin tingles at the irony.

Oh, what a tangled web we weave, Hot Tub. What a tangled web we weave.