RPT Moves DeLay TRO into Federal Court

by: Karl-Thomas Musselman

Fri Jun 16, 2006 at 08:31 PM CDT

Yesterday, the Republican Party of Texas filed a Notice to Remove in state court which automatically moved the issue of replacing former Congressman Tom DeLay on the November ballot into federal court.

Democrats had obtained a Temporary Restraining Order on June 9th preventing the convening of electors in the four counties in CD22. The TRO effectively prevented Republicans from choosing a replacement for DeLay on the November ballot.

According to RPT attorney James Bopp, the relocation into federal court was automatic and required no hearing.

The TDP responds.

"The issue here has nothing to do with State Court or Federal Court. The problem with DeLay’s parting scheme is more fundamental: it's illegal.

"Tom Delay and the Republican Party willfully and intentionally conspired to run a bogus primary to allow DeLay to raise funds for his legal defense, hoping to use state law to have a handful of party bosses hand pick their nominee instead of the voters.

"If the Republicans really cared about giving the voters a choice, they would have asked their Governor to call a special election instead of leaving DeLay's seat vacant for six months, and they would have never let Tom DeLay dictate this illegal scheme. As a matter of precedent, Texas voters cannot allow political parties to "move" congressional candidates out of Texas when they look like a loser so they can find a better candidate."