"The voters here should also be afforded a real choice
regarding who should govern them," attorneys said in a brief to
the 5th U.S. Circuit Court of Appeals in New Orleans. "Allowing
DeLay to be replaced on the November ballot will further this
fundamental principle of democracy."
DeLay won his primary election in the suburban Houston
congressional district, but resigned June 9. He has since attempted
to withdraw from the race, but U.S. District Judge Sam Sparks ruled
that the embattled former House majority leader must stay on the
Nov. 7 ballot.
Attorneys for the Republican Party of Texas have appealed.
GOP leaders argue that state elections law allows them to
replace DeLay on the ballot because he no longer lives in Texas.
Party Chairwoman Tina Benkiser declared DeLay ineligible for the
ballot because he said he lived in Alexandria, Va. DeLay and his
wife still have a home in the Houston suburb of Sugar Land.
Sparks ruled that DeLay's eligibility is set by the U.S.
Constitution and can only be determined by whether he is an
inhabitant of Texas on Election Day.
State election law allows a political party to replace a
candidate if the candidate dies, becomes medically incapacitated or
becomes ineligible for office. If the candidate simply withdraws
from the race after winning his or her primary, the name can't be
removed.
Republicans also point to a 2004 Texas case, in which the
Democratic nominee for a northeast Texas House district was
declared ineligible and replaced on the ballot after he moved to
another district.
Since Sparks' ruling, DeLay has left open the possibility that
he will run for his old seat. He told a Republican audience in
Sugar Land and said in a Fox News interview that he would wait and
see what the 5th Circuit ruled before deciding.
Democrat Nick Lampson is campaigning for DeLay's 22nd
congressional district seat.
The appeals court is scheduled to take up the case Monday.