Nbadan
06-09-2006, 03:26 AM
Judge Darlene Bryne at 5:10 yesterday granted a Temporary Restraining Order against the Chair of Texas Republican Party from calling the first meeting of the Republican Distirct Executive Committee to name a replacement for Tom DeLay. The State Democratic party argued that DeLay cannot be replaced on the ballot. Saying, specifically - among other things - DeLay has finally let voters in on his true intent: he wants to have his name removed from the ballot in November and replaced with another candidate while keeping the money contributed to his primary campaign in clear violation of the Texas Election Code.
The Texas Election Code permits a candidate to withdraw. However, the Legislature attached a cost to withdraw after a primary. If a candidate withdraws after his party's primary, the party cannot substitute another candidate for the withdrawing candidate. The reason for this rule is simple - the Legislature did not want the candidates duping voters into contributing money and energy to the candidate in the primary, only to watch the candidate take the money and run, not in the general election, but to the bank.
So the law places the burden on the party in whose primary the candidate ran - in this instance the Republican party - to make sure that candidates in the party's primary intend to and will run in the general election. If the Party fails to impose this discipline, the penalty is that the Party cannot insert another candidate into the race for District 22.
The Texas Election Code permits a candidate to withdraw. However, the Legislature attached a cost to withdraw after a primary. If a candidate withdraws after his party's primary, the party cannot substitute another candidate for the withdrawing candidate. The reason for this rule is simple - the Legislature did not want the candidates duping voters into contributing money and energy to the candidate in the primary, only to watch the candidate take the money and run, not in the general election, but to the bank.
So the law places the burden on the party in whose primary the candidate ran - in this instance the Republican party - to make sure that candidates in the party's primary intend to and will run in the general election. If the Party fails to impose this discipline, the penalty is that the Party cannot insert another candidate into the race for District 22.