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August 3, 2006
Contact: Matt Angle
On the web at www.LoneStarProject.net
5th Circuit Court of Appeals Agrees with Texas
Democrats on DeLay Ballot Challenge
Today, a three-judge panel of the 5th Circuit Court of Appeals upheld the decision of U.S.
District Judge Sam Sparks and ruled in favor of the Texas Democratic Party on the DeLay
ballot challenge. As a result of the Court’s decision, Tom DeLay remains eligible to run for
Congress this year as the Republican nominee from the 22nd District of Texas. The Appeals
Court panel confirmed the following key findings by Judge Sparks:
• The Texas Democratic Party had the legal standing (right) to file its complaint against
the Republican Party of Texas.
• Texas Republican Party Chair Tina Benkiser exceeded her authority and violated the
U.S. Constitution by declaring DeLay ineligible. The Court ruled that Benkiser
improperly established criteria for eligibility to Congress beyond the criteria provided for
in the Constitution.
• DeLay won the Republican nomination for Congress from the 22nd District and remains
the CD22 nominee unless he withdraws from the ballot.
• Tom DeLay has the right to withdraw from the ballot; however he may not be replaced.
Read the Opinion Here
Excerpts from the opinion
Benkiser’s Declaration Is Unconstitutional as Applied Under the
Qualifications Clause
When Benkiser reviewed the public records sent by DeLay and concluded that his residency
in Virginia made him ineligible, she unconstitutionally created a pre-election inhabitancy
requirement. The Qualifications Clause only requires inhabitancy when that candidate is
elected. Given this language, Benkiser could not constitutionally find that DeLay was ineligible
on June 7, the date she made her decision.10 Therefore, her application of the ineligibility
statute to DeLay was unconstitutional.
10. Benkiser’s testimony acknowledges this fact:
Q: [T]here’s no way you can represent to this court where [DeLay’s] going to live on N