Judge to Tom DeLay: ‘Run like a rabbit’

Parties battle over Texas GOP’s right to replace former Rep. on ballot

By Joel Seidman
Producer
NBC News
Updated: 6:05 p.m. ET June 26, 2006

Former House Majority Leader Tom Delay, R-TX, testified at a hearing today in the federal courthouse in Austin regarding a lawsuit filed by Democrats who argue that DeLay is still legally the GOP congressional candidate for his district, despite his resignation from the House.

Delay said at the hearing, presided by U.S. District Judge Sam Sparks, that he has moved to Virginia and plans to vote and live there, and that he is leasing office space in Washington.

According to reporters in the courtroom, Delay said, he has obtained hunting and fishing licenses in Virginia. And that he didn't hire movers because his Virginia condo was already furnished. He said the only belonging he moved to Virginia was a car.

Under the state election code there is a crucial difference between a candidate being ruled ineligible or simply withdrawing. In the first situation, the party can replace the candidate on the ballot. In the second situation, it cannot.

State Republican Chairwoman Tina Benkiser has ruled DeLay ineligible as a candidate because of his move to Virginia, setting in motion a procedure for party officials to name a successor for the November ballot.

According to the Austin Statesman newspaper, Judge Sparks questioned both DeLay and Benkiser about letters that DeLay sent to the chairwoman about his plans. He quizzed both about why a draft of the letter was sent before a final version was delivered days later.

Neither could answer why.

DeLay takes the stand

DeLay testified that he understood before he made his decision the consequences of withdrawing from the race as opposed to being declared ineligible. DeLay resigned from Congress on June 9th.

Once DeLay finished testifying, Sparks explained he could either leave or stay for the rest of the proceedings.

"My recommendation is to run like a rabbit," Sparks quipped according to an Austin Statesman newspaper account.

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