Read time: 1 minute

Time To Face The Voters, Hammer

Former House Majority Leader Tom DeLay resigned from Congress and withdrew himself from consideration for re-election, after he had already won a GOP

Former House Majority Leader Tom DeLay resigned from Congress and withdrew himself from consideration for re-election, after he had already won a GOP primary, claiming he moved to Virginia and was therefore ineligible. A lawsuit challenged the move, arguing a) DeLay couldn't take his name of the ballot just because he expected to lose; and b) that DeLay, by matter of election law, <i>has</i> to appear on the ballot.

Last month, a federal court agreed. Today, the 5th Circuit Court of Appeals upheld that ruling.

Thursday's ruling said that GOP state chairwoman Tina Benkiser acted unconstitutionally when she tried to remove DeLay as the party nominee because he lived in Virginia. Democrats had noted that DeLay's wife, Christine, still lives in the DeLays' house in Sugar Land, just outside Houston. The U.S. Constitution says that anyone who lives in the state on the day of the election is qualified to run for Congress, the 5th Circuit said.

"Proof of DeLay's present residency may suggest where he will be in the future; however, it does not put the matter beyond dispute or question," the opinion said.

There's already talk that DeLay's lawyers are considering an appeal to the Supreme Court, but given the results so far, it's probably safe to assume DeLay's name will appear on the ballot in November. For the GOP, that's a problem.

Jesse Lee has more.

--Guest Post by Steve Benen, The Carpetbagger Report

Can you help us out?

For 17 years we have been exposing Washington lies and untangling media deceit, but now Facebook is drowning us in an ocean of right wing lies. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. Thank you.

More C&L Coverage

Discussion

New Commenting System

Our comments are now powered by Insticator. In order to comment you will need to create an Insticator account. The process is quick and simple. Please note that the ability to comment with a C&L site account is no longer available.

We welcome relevant, respectful comments. Any comments that are sexist or in any other way deemed hateful by our staff will be deleted and constitute grounds for a ban from posting on the site. Please refer to our Terms of Service (revised 3/17/2016) for information on our posting policy.

Please Do Not Use the Login Link at the Top of the Site.

In order to comment you must use an Insticator account. To register an account, enter your comment and click the post button. A dialog will then appear allowing you create your account.

We will be retiring our Crooks and Liars user account system in January, 2021.

Thank you.
C&L Team