5th Circuit Court says Delay to stay on the ballot

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.