Virginia investigating Delay for vote fraud

[Gothmog]

The Texas Democratic Party is suing to keep Tom Delay on the ballot for the upcoming November election. http://www.fortbendnow.com/news/1275/democrats-suit-slaps-speed-bumps-on-gops-congressional-racetrack The lawsuit has the effect of delaying the selection of Delay's replacment on the ballot and if sucessful, forcing Delay on the ballot in November where he will have no chance against Nick Lampson.

A key element to the suit is that Delay is eligible to run and represent Texas. To be eligible to represent Texas, Delay needs to be resident of Texas on the date when he is elected. This is the same rule that allows Santorum to represent Pennsylvania even though Santorum lives in Virginia. So far, the GOP's only proof that Delay is not a Texas resident is Virginia driver license and the fact that Tom Delay has registered to vote in Virginia. Again none of these conclusivly establishes that Delay is not a resident on Nov. 7, 2006 because he can change his mind at any time and declare that he is a Texas resident.

The State of Virginia is evidently investigating Delay's attempt to register to vote. http://muse-musings.blogspot.com/2006/06/uh-oh-delay-may-be-in-legal-trouble-in.html

.....a challenge has been filed with the City of Alexandria's Voter Registrar alleging that former House Majority Leader Tom DeLay's (R-TX) voter registration in Virginia was illegal. The challenge alleges that DeLay lacked domiciliary intent when he registered to vote and that he maintains legal residence in Texas. Similar to the legal action filed by the Texas Democratic Party, the challenge notes that DeLay is still registered to vote in Texas, has a Texas driver's licence and is receiving a Texas homestead exemption. Under Virginia law, DeLay has the burden of proof that he has changed his domicile. His Texas domicile is presumed to continue until he has a residence in the Virginia and the intention to remain there. DeLay's continuing presence in the Lone Star state is presumptive proof that he remains a Texas citizen.

[Tempest]

1. DeLay and Coulter have something in common

Other than they are both vile creatures.

[corbett]

2. Thanks!

I knew some of that but not all. Having lived in Pennsylvania for many years (after being born there), I'm surprised that his Keystone State supporters don't grouse more about his spending so much time in Virginia.

[hopein08]

3. But wasn't this explained when he first announced he wasn't running?

IIRC, the story was that he could only be replaced on the ballot by the party if he were moving out of state, hence his announced intention at the time to move to Virginia. So, if that were the case, wouldn't the key be when he got the VA drivers license and registered to vote?

[Hippo_Tron]

4. I'd call this payback for suing us over replacing Torricelli

Of course if we win this one we'll hear the freepers go on and on about liberal judges.

[Gothmog]

5. Difference in laws-under Texas law you cannot replace candidate

The elections laws are very different here. In New Jersey, you can replace a candidate who withdrew so long as this occured a certain number of days prior to the electon. Torricelli withdrew late but the judge held that it was fair to substitute Frank Lautenberg. Texas law is clear that if you withdraw, then the party can not replace the nominee (unless the withdrawal is due to serious illness certified to by two doctors). Instead of withdrawing, Delay is claiming to be ineligible to run. The key there is Texas law is clear that one is presumed to be eligible. The Texas Democratic Party case is based on the US Constitutional requirement that one must be a resident on the day when elected which can not be established prior to November 7, 2006.

The Democrats get to argue that one of the policies behind this requirement is to prevent the fraud committed by Delay of soliciting campaign contributions and then dropping out and keeping the campaign contributions. Delay is using the contributions raised prior to dropping out to pay legal fees which is the sort of abuse that the Democrats allege was prohibited by the Texas scheme. Again under Texas law, if you withdraw after a primary, then the party can not replace you on the ballot. In effect, Delay is trying to claim that he is ineligible when that it is not the case. Virginia is also saying the same thing, that Delay is really a Texan and therefore should not vote in Virginia. This is a wonderful two prong attack that will be hard to get around.

This is going to be fun to watch.

[AlecBGreen]

6. hahaha! give him the boot!

sorry Texas, youre great and all but I dont want Delay stinkin up my beautiful state. Take him back!

[Tiggeroshii]

7. So.

If he stays he needs to lose an election and if he goes he needs to get in trouble for vote fraud? Did I catch that right?