Federal appeals court rules DeLay must remain on Texas ballot Holly Manges Jones at 3:15 PM ET
[JURIST] Texas Republicans cannot remove former US House Majority Leader Tom DeLay [JURIST news archive] from the November congressional ballot, a three-judge panel of the US Court of Appeals for the Fifth Circuit [official website] ruled [PDF] Thursday. Tina Benkiser, chairwoman of the Texas Republican Party [party website] wanted to take DeLay's name off the ballot because he now lives in Virginia, but the court refused to allow DeLay's name to be removed [opinion, PDF], saying Benkiser's actions were unconstitutional. The court reasoned that anyone who lives in the state on the day of the election is eligible to run for a congressional seat according to the US Constitution. The Texas Democratic Party [party website] argued that DeLay's wife still lives in the couple's home outside Houston, making it possible that DeLay could return to their residence before election day.
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