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Reply #5: Difference in laws-under Texas law you cannot replace candidate [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
Gothmog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-13-06 09:25 PM
Response to Reply #4
5. Difference in laws-under Texas law you cannot replace candidate
The elections laws are very different here. In New Jersey, you can replace a candidate who withdrew so long as this occured a certain number of days prior to the electon. Torricelli withdrew late but the judge held that it was fair to substitute Frank Lautenberg. Texas law is clear that if you withdraw, then the party can not replace the nominee (unless the withdrawal is due to serious illness certified to by two doctors). Instead of withdrawing, Delay is claiming to be ineligible to run. The key there is Texas law is clear that one is presumed to be eligible. The Texas Democratic Party case is based on the US Constitutional requirement that one must be a resident on the day when elected which can not be established prior to November 7, 2006.

The Democrats get to argue that one of the policies behind this requirement is to prevent the fraud committed by Delay of soliciting campaign contributions and then dropping out and keeping the campaign contributions. Delay is using the contributions raised prior to dropping out to pay legal fees which is the sort of abuse that the Democrats allege was prohibited by the Texas scheme. Again under Texas law, if you withdraw after a primary, then the party can not replace you on the ballot. In effect, Delay is trying to claim that he is ineligible when that it is not the case. Virginia is also saying the same thing, that Delay is really a Texan and therefore should not vote in Virginia. This is a wonderful two prong attack that will be hard to get around.

This is going to be fun to watch.
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