From the Seattle Times:
Court rules DeLay must remain on ballot
AUSTIN, Texas - A federal appeals court panel Thursday refused to let Texas Republicans replace Tom DeLay's name on the November congressional ballot.
The finding upheld a July ruling by a federal judge that the ballot must list DeLay, who won a March primary before resigning from Congress on June 9. He now lives in Virginia but is awaiting trial in a Texas state court on money laundering and conspiracy charges alleging that illegal corporate cash helped pay for legislative campaigns in 2002.
The Republicans' lawyer said DeLay would appeal to the U.S. Supreme Court. Republicans want to pick another nominee to face Democrat Nick Lampson in November. Democrats sued to keep DeLay on the ballot, which they believe would give them an easier race and bolster their attempts to make the indicted former House majority leader their symbol for claims of Republican corruption.
DeLay has suggested he might actively campaign if he is left on the ballot. His daughter and spokeswoman, Dani DeLay Ferro, said Thursday that a decision on whether to campaign won't be made until the legal dispute is settled.
How this can be reconciled with the New Jersey Lautenberg decision is beyond me. It will be interesting to see if the Supreme Court will consider the case.
It will also be interesting if Tom DeLay will be prosecuted for improperly seeking an office if he runs and wins. After all, he gave up his residency in Texas. Ronnie Earle would probably have a field day with this one.
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