Appeals Court Hears Arguments In DeLay Case

Does Tom DeLay reside in Virginia or was his “move” there a shell game to usurp Texas’ election laws and have the controversial congressman removed from the ballot?

It is that question—more specifically, whether there was “conclusive” evidence that DeLay moved to Virginia—that the three-judge panel of the Fifth Circuit Court of Appeals in New Orleans indicated would determine DeLay’s fate.

The Houston Chronicle noted this:

The three-judge panel of the 5th Circuit Court of Appeals did not indicate when it would rule. But questions from the panel seemed to favor the Democrats’ position that Republican officials could not declare DeLay ineligible for office based on residency prior to election day.

And this important tidbit:

But Judges Pete Benavides and Edith Clement noted that a candidate like DeLay could move back to Texas by election day and be eligible for office. They said the U.S. Constitution would prohibit a state party official from throwing a candidate off the ballot in such circumstances.

“How can it be conclusive if you can always change your voter registration,” Clement asked.

Keep in mind Clement is actually the Republican on the panel.

Interesting.

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