To: Andrew N. Cothran who wrote (169238 ) 6/9/2006 7:20:45 AM From: Tom Clarke Respond to of 793801 Democrats File Suit To Keep Tom DeLay On The November Ballot by Bob Dunn, Jun 08, 2006, 12 44 pm In a surprise twist to the Tom DeLay saga, the Texas Democratic Party filed suit Thursday in an attempt to keep the resigning Republican Congressman’s name on the November ballot. The suit, filed in Travis County 126th District Court, seeks to undo an hours-old declaration by Republican Party Chair Tina Benkiser that DeLay is ineligible to run in the general election. If DeLay doesn’t serve as the party’s candidate for Congressional District 22, then according to the Texas Election Code, no other candidate is allowed to replace him, the suit says. Lawyers for Houston’s Riddle & Brazil law firm, which filed the action, obtained a temporary restraining order at about 5:10 p.m. from Judge Darlene Byrne. Sources familiar with the case said the order prevents Benkiser from calling a meeting of the so-called District Executive Committee or taking other measures to replace DeLay as the Republican Party nominee for CD-22. Benkiser, the only defendant named in the suit, could not be reached for comment Thursday afternoon. Officials at state Republican Party headquarters didn’t return a call for comment. DeLay announced in early April that he would resign from Congress, move from Sugar Land to Virginia and thus be ineligible to run for re-election on the November general election ballot. Benkiser formally declared him ineligible Wednesday night. DeLay spokeswoman Shannon Flaherty expressed disdain over the legal action. “Mr. DeLay is now a resident of Virginia and ineligible to run for office in Texas,” she said. “The party of baseless, frivolous lawsuits is at it again, and the only surprise is it took them more than 30 minutes to file it.” <snip>fortbendnow.com