In the Texas (DeLay) case
The question that was before the Federal District court was:
If State Republican Party Chairwoman Tina Benkiser can rule Tom DeLay INELIGIBLE .
The Judge says NO.
“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.’
<snip>
"DeLay was chosen as the Republican nominee by the voters in the Republican primary, and he is still eligible to be the party’s nominee.
He may, of course, withdraw as is his right, but neither political parties, state legislatures, secretaries of state, nor the federal courts may rewrite the
United States Constitution.” - Sam Sparks, United States District Judge.
DeLay still owns - and his wife, Christine, still lives in - his Sugar Land (TX) house.
The ruling is being appealed.
In the New Jersey case
Democrats filed suit seeking both a)declaratory judgment that it could proceed with the selection of a new candidate for the Senate and b) injunctive relief directing county clerks to print ballots with the name of the new candidate.(at the Democrats expense, I might add)
A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. It is allowed to nip controversies in the bud.
In other words, the Democrats asked if it was OK to replace Sen. Robert Torricelli on the ballot and the court approved it.
On a side note the Republicans are trying to petition the 5Th circuit court (trying to entice a judge to be an activist judge?). As usual their dishonesty shines through (to an appellate court no less, have they no integrity)
Here is a copy of the petition. (my comments are in red)
Judges of the 5th Circuit,
Fair and open elections have been the hallmark of our democracy for more than 200 years now. One can only wonder how the residents of Texas Congressional District 22 can have a fair election when one party is attempting to keep their opponent completely off the ballot.
This is just toooo funny, the Dems aren't trying to keep DeLay OFF the ballot, the voters of TX-22 have decided who THEY want ON the ballot. Besides, the judge said DeLay can withdraw if he wants.
Each day that goes by with Democrats perverting the process and denying the public their choice of candidates is a travesty of justice. This deliberate subversion undermines the will of the people and sets a horrible precedent for future elections.
The public had their choice of candidates and the will of the people was Tom DeLay.
Thererefore, I am urging you to do the following:
1) Remove the injunction against choosing our candidate
The VOTERS already chose their candidate.
2) Declare the Republican ballot position officially vacant
It can be officially vacant, all DeLay has to do is withdraw.
3) Allow the voters of CD 22 a fair choice of candidates
This is the biggest LIE of all. Do the Republicans really think that the 5th circuit court are so stupid that they don't know that, if they overturn the lower courts ruling that a COMMITTEE will select a candidate NOT the voters.
Signed,
[Your name here]
Petition
