Questions give hints in DeLay appeal

[Judi Lynn]

Aug. 1, 2006, 1:18AM
Questions give hints in DeLay appeal
2 judges seem to be leaning to Democrats' stance of not changing ballot

By R.G. RATCLIFFE
Copyright 2006 Houston Chronicle

NEW ORLEANS - The Republican Party's ability to replace former U.S. Rep. Tom DeLay on the November ballot depends on whether there is "conclusive" evidence he has moved from Texas to Virginia, a federal appeals panel indicated Monday.

The three-judge panel of the 5th U.S. Circuit Court of Appeals did not say when it would rule on the issue, but questions from two of the judges seemed to favor the Democrats' position that Republican officials could not declare DeLay ineligible for office based on residency prior to Election Day.

Republican lawyer James Bopp Jr. argued that DeLay gave Texas Republican Chairwoman Tina Benkiser enough evidence for her to make a "reasonable prediction" that DeLay will not be a resident of Texas on Election Day, Nov. 7. That evidence included a change of driver's license and voter registration, plus a letter stating he had moved to Virginia.

Bopp said that gave Benkiser the power to declare DeLay ineligible to serve if elected and opened the door for replacing him on the ballot.
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http://chron.com/disp/story.mpl/front/4085319.html

[auburngrad82]

1. Has he sold his house in Texas? nt

[Lochloosa]

2. No. His wife still lives there.

I have heard, but don't have evidence to back it up, that Delay has already voted in a local election at his new residence.

[Robbien]

3. Since he owns a house in Texas, the court has said

he could easily come back to Texas and claim residency again. It only took a couple of days for him to change residency from Texas to Virginia. It will only take a couple of days for him to change back.

[Gman]

4. At the original hearing,

Delay testified that he could not say he would not be in Sugarland on election day. Delay claims his wife lives in the house in Sugarland and he lives in VA.