Marc's Miscellany: TDP v. Benkiser: Dems Try to Keep DeLay on the Ballot
Marc's Miscellany: TDP v. Benkiser: Dems Try to Keep DeLay on the Ballot
On Thursday, the TDP filed a lawsuit in Travis County seeking a permanent injunction that would prevent the Republican Party of Texas from declaring Tom DeLay ineligible to run as the GOP nominee for the 22nd District (although the RPT, on Wednesday, purported to declare DeLay ineligible). The TDP additionally asked the court to prevent the RPT from certifying another candidate to appear on the ballot as the GOP nominee for TX-22. State District Judge Darlene Byrne signed a temporary restraining order on Thursday. A full evidentiary hearing has been scheduled for June 22.
It is important to note that a TRO is an ex parte order, which means the judge has only heard the TDP position so far. TRO’s are only valid for 14 days. This is why there will be a hearing on June 22. Nonetheless, having reviewed the TDP petition and the applicable Election Code provisions, I am convinced that the TDP should prevail in this litigation. (Kuff has a copy of the petition and exhibits here(pdf).) I will attempt to explain why.
Well reasoned piece. Read the rest here.
On Thursday, the TDP filed a lawsuit in Travis County seeking a permanent injunction that would prevent the Republican Party of Texas from declaring Tom DeLay ineligible to run as the GOP nominee for the 22nd District (although the RPT, on Wednesday, purported to declare DeLay ineligible). The TDP additionally asked the court to prevent the RPT from certifying another candidate to appear on the ballot as the GOP nominee for TX-22. State District Judge Darlene Byrne signed a temporary restraining order on Thursday. A full evidentiary hearing has been scheduled for June 22.
It is important to note that a TRO is an ex parte order, which means the judge has only heard the TDP position so far. TRO’s are only valid for 14 days. This is why there will be a hearing on June 22. Nonetheless, having reviewed the TDP petition and the applicable Election Code provisions, I am convinced that the TDP should prevail in this litigation. (Kuff has a copy of the petition and exhibits here(pdf).) I will attempt to explain why.
Well reasoned piece. Read the rest here.
posted by Unknown @ 4:10 PM
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