Please help shut down the GOP spin that the DeLay case was about keeping

[Czolgosz]

Tom DeLay on the ballot, as is often misreported.

Neither the Democratic Party's petition, nor Judge Sam Sparks's opinion (http://www.lonestarproject.net/files/sparks.pdf), nor the Fifth Circuit opinion (http://www.lonestarproject.net/files/delayopinion.pdf) sought or required Tom DeLay to stay on the ballot.

The suit was to prevent the Republican Party of Texas from violating the Constitution and the Texas Election Code by taking the candidate selection process away from the primary voters and giving the voters' right and authority to a far-right-wing insider group within the Republican Party of Texas.

This fight is about the Republican Party of Texas trying to steal the voters' right to select the candidate through the party primary process. No one (not even the Republicans or even Tom Delay himself) wants Tom DeLay on the ballot. We merely want to stop Tom DeLay and the Republican Party of Texas from assuming that the Constitution and laws of Texas don't apply to them. We merely want them to follow to Constitution and Texas law, which forbids a party from hand-picking a ballot replacement when the candidate waits until after the parties' primaries to withdraw.

Please correct people who repeat Republican talking points by erroneously claiming that our fight against the illegal Republican ballot scheme was a fight to keep Tom DeLay on the ballot. We have never objected to his withdrawal, just his illegal and unconstitutional replacement.

[Swede Atlanta]

1. Thank You!

Thank you for clarifying this issue. I knew there was something not quite right about the Reich Wing's portrayal of the suit but couldn't put my finger on it. Good work!

[itzamirakul]

2. K&R Thanks for explaining this in short, understandable language.

Once again, this is the kind of stuff we have to immediately email the tv stations and news pundits whenever we read or hear this kind of misinformation.

[robinlynne]

3. Thank-you. for this post!

[karlrschneider]

4. A subtle but important distinction.

:kick:

[sutz12]

5. That's too complicated for the average citizen to grasp....

Gotta put into a three word slogan, then they'll get it. :sarcasm:

[gratuitous]

6. Respect Voters' Decisions!

Three words, pretty simple, and one less word than "up or down vote".

Do I get a cookie?

[Czolgosz]

7. District Court highlights ("fraud on the voters" "manufactured evidence"):

Highlights from the district court opinion:

"Were the Court to adopt the Defendant's position, either political party could and would be able to change candidates after the primary election and before the general election simply by an administrative declaration of ineligibility by the party chair based on a candidate's "move" to another state. This would be a serious abuse of the election system and a fraud on the voters, which the Court will not condone."

"Political acumen, strategy, and manufactured evidence, even combined with sound policy in mind, cannot override the Constitution. The evidence presented in this case provides no basis for Benkiser’s declaration that Tom DeLay was not eligible to remain the nominee of the republican Party under state or federal law… there is no evidence that DeLay will still be living in Virginia tomorrow, let alone on November 7, 2006, the only day that matters under the Qualification Clause of the United States Constitution. DeLay himself testified that he does not know what will happen with his life in November, stating only that he plans to continue living in Virginia "indefinitely.'"

"The Constitution 'nullifies sophisticated as well as simple-minded modes' of infringing on constitutional protections."

[Czolgosz]

8. Appellate Court highlights ("at the very least, a lack of neutrality"):

Highlights from the Fifth Circuit opinion:

"There is evidence that Benkiser did not act reasonably and with political neutrality when she declared DeLay ineligible. Indeed, the district court’s description of the events surrounding the letter sent by DeLay imply, at the very least, a lack of neutrality."

"we fail to see how removing DeLay from the ballot would protect the voters, inasmuch as it was the voters themselves who selected DeLay as the Republican candidate for the general election."

[elehhhhna]

9. He's been spotted around Sugar land a LOT for a guy who

lives in Va.

[Doctor_J]

10. THe only thing Delay supporters listen to is hate radio

don't waste your breath.

[longship]

11. For Christ sakes!!!

The Democratic Party filed the suit that resulted in keeping DeLay *ON* the ballot.

What the flaming fuck is wrong with these idiots? Do they actually think that they can say virtually *ANYTHING*?

:shrug: :banghead:

[Czolgosz]

12. First, it was the right thing to do under Texas law. Second, DeLay is

vulnerable (it's a race that could go either way, but the Democrat Nick Lampson -- http://www.lampson.com -- is ahead of DeLay). Third, this is a very red district within a very red state and if the GOP had been allowed to pick a party stooge he would probably have won in a landslide, but many Texas Republicans in DeLay's district are ashamed of DeLay and will not vote for him while they would have voted for his ballot replacement. Finally, if you have any doubt that the party stooge replacement candidate would have been as bad as DeLay, just check out the job application: http://www.harriscountygop.com/site/DocServer/2006_CD22_Cong_Candidate_Questionnaire.pdf?docID=381

[Sanity Claws]

13. DeLay also stole supporters' donations

He took campaign donations but then decided to withdraw. He kept the money. That's fraud. His supporters were stupid enough to give money to this shakedown artist.

[GardeningGal]

15. Yep, and wasn't that the issue with the timing?

I thought I remembered reading that by withdrawing after the primary it allows him to keep his donations. Not sure if I have that right, maybe someone else remembers.

[tbyg52]

17. I think that's right

He took campaign contributions and used them for his legal defense, I believe. The only reason I'm not up in arms about it is that anybody who would give money to him *deserves* to be diddled!

[MrCoffee]

14. Amen Bruddah!

k&r for being cool.

[Czolgosz]

16. Two good websites on this issue:

http://www.lonestarproject.net/archives.html
http://greg-abbott-is-a-hypocrite.blogspot.com/

[Czolgosz]

18. DELAY TO WITHDRAW!

Houston Chronicle
Aug. 8, 2006, 1:32PM
DeLay plans to withdraw as candidate on Texas ballot

By DAVID ESPO
Associated Press
WASHINGTON -- Former House Majority Leader Tom DeLay intends to withdraw as a candidate for Congress, a Republican strategist said today, a step that would allow the party to field a write-in candidate in hopes of holding his seat.
The development came one day after Texas Republicans lost a court battle in their bid to replace DeLay on the November ballot.
The strategist described DeLay's intentions on condition of anonymity, saying the former majority leader intended to make his own announcement.
DeLay, buffeted by scandal, resigned his Houston-area seat in June and said he was switching his legal residence to Virginia. He had already won a primary in Texas, and Republican officials there moved to name a replacement candidate.
Democrats went to court to block the switch, and prevailed.
The maneuvering underscored the battle between the two national parties as they vie for control of Congress in the midterm elections.
DeLay had held the House seat for more than two decades, but stepped down - first surrendering his post as majority leader, then resigning - at the urging of party leaders who said he risked defeat this fall.