U.S. District Judge Sam Sparks will hold a hearing at 9:30 am, Monday, June 26, in Austin, Texas, in Democratic Party of Texas v Benkiser. The issue is whether Tom DeLay is ineligible to run for re-election. DeLay won the March 2006 Republican primary for US House, 22nd district. After the primary, he sought to withdraw. If he withdraws, the Republican Party may choose a new nominee. However, Texas law does not permit anyone to withdraw unless there is a public record proving that the candidate is ineligible.

Texas election officials accepted DeLay’s withdrawal, because he said that he had moved out of Texas and become a resident of Virginia. However, the Democratic Party sued elections officials, saying that DeLay may not withdraw because there is no public record that he is ineligible. Article One of the U.S. Constitution says that members of Congress must be residents of the state they are representing “when elected” (which would be November 2006). Furthermore, the Constitution says that each house of Congress shall be the sole judge of who is validly elected to that house. Courts and state officials have no voice in the matter.

The Democratic lawsuit was originally filed in state court, but the Republican Party successfully intervened to get the case moved into federal court.