Delay is changing residence to VA. TX GOP can put other name on ballot.

[onehandle]

Bugman, a cheater to the end.

"DeLay said he is likely to leave by the end of May, depending on the Congressional schedule and finishing his work on a couple of issues. He said he will change his legal residence to his condominium in Alexandria, Va., from his modest two-story home on a golf course here in the 22nd District of Texas. "I become ineligible to run for election if I'm not a resident of the state of Texas," he said, turning election law to his purposes for perhaps on last time. State Republican officials will then be able to name another Republican candidate to face Democrat Nick Lampson, a former House members who lost his seat in a redistricting engineered by DeLay."

http://www.time.com/time/nation/article/0,8599,1179853-2,00.html

[Viva_La_Revolution]

1. Are you allowed to move out of state when you're under indictment?

:shrug:

[Bozita]

4. Isn't he already under indictment in Texas?

[Inland]

7. THAT is an excellent question.

But maybe it's like this: they can pick a new nominee if Delay is no longer a resident of the district: a resident is defining as living there with the present intention of staying: he announces an intent to leave, he's no longer a resident no matter where his moldy carcass is at the moment.

Just thinking out loud.

[Geoff R. Casavant]

14. Close, but two points

1. Residency remains until it is changed, and can only be changed by presence in the new state with the intent to remain idefinitely. So simply announcing isn't enough to end his Texas residency.

2. I'm not up on Texas election law, or any US Code election statutes, but the US Constitution does not require a Representative to reside in his district, as long as he resides in the state.

I'm still trying to figure out if Tom can leave the state when he is no longer a Congressman -- my guess is he'll have to pony up a lot of bail money.

[Inland]

15. But Tom must have a DC area house or apartment.

Ergo, he already has a presence. He just has to announce his intent to move and make it his permanent home, as soon as he can. He could remove any doubt by putting his present TX house up for sale and renting.

[Geoff R. Casavant]

16. I see your point.

The presence and the intent must both occur at the same time. I was looking at it from the perspective of his making his announcement in his home district (the classy thing to do for his constituents, IMHO), then heading to Virginia. I suppose he could announce from his DC area home, in which case your point is well taken.

Oddly enough, even selling his TX house would not necessarily sever his TX residency. I remained a TX resident even when I left the state for years for my Navy stint.

[Inland]

17. I don't think he has to even announce in DC.

But he has to prove his intent. Sell the TX house and it's clear he's only physically present in TX due to, er, extenuating circumstances. But that's just guessing about the law, and there's different "residencies" depending on whether the state wants to be expansive or restrictive. Frankly, I hope that the repug committee picks someone else and a disenchanted republican fights it in court.

[Geoff R. Casavant]

19. Amen to that

Someone who lost in the primary fights tooth and nail, and I'm doing the Snoopy dance!

[dflprincess]

2. So, is his indictment going to be on state charges?

And, if it is, and he's a resident of Virginia, will Texas have to ask for extradition?

[soothsayer]

3. jeezus kay-ryst! we don't want his sorry ass in va

[muse]

18. have a big time with him there

right now he lives only a few miles from me.

So long, bug man!

[FrenchieCat]

5. Maybe we can get the Homeland Dept. Plane to go and

Fetch him out of Virginia.

But the real question is....does Virginia want his ass there? I tend to doubt it. Should have the Dem Virginia governor have his staff holding some signs when his plane lands!

[Mz Pip]

8. Drag him back to Texas

uses Homeland Security to do it.

Ronnie Earle needs to put DeLay under house arrest because he is a flight risk.

Put one of those little ankle bracelets on dear Tom. It will go so well with his smarmy assed mug shot.

:hi: Frenchie!

Mz Pip
:dem:

[acmejack]

10. He already is indicted on State charges just as Bozita says.

Ronnie Earle has done that for the money laundering with Texans for a Republican Majority (TRMPAC)

[KeepItReal]

6. When the goin gets tough...Delay runs away

Guess that shows how much he loves Texas, huh?

[Bozita]

9. Maybe VA has looser CCW laws

[Ignacio Upton]

11. Why is Virginia being used as a refuge for Republican crooks?

Santorum will become a permanant resident after he loses his seat in November, and now Tom DeLay.:wtf:
Virginia is turning blue, they don't need to put up with Republican vagrants.

[ieoeja]

22. Suburbs of Washington D.C. n/t

[Lost-in-FL]

12. Another Lobbyist?

Oh God...

[NMDemDist2]

13. why else? n/t

[Roland99]

20. No special election to allow the VOTERS to decide who will represent them?

And this is a democracy?


HA!

[KansDem]

21. Isn't there a period of time one must wait before establishing residency?

When I came to Kansas to attend graduate school, I had a wait a year to establish residency. One year of out-of-state tuition! If I could've established it immediately, I'd saved a bundle on tuition costs.

[ieoeja]

23. He's lived there since being elected to congress. n/t

[KansDem]

24. So he has "dual residency?"

Perhaps I'm ignorant, but if he's a representative from Texas, I assume his residency is Texas. I know Cheney was able to get around the Constitutional amendment prohibiting the presidential and vice-presidential candidates from being from the same state by claiming he was a resident of Wyoming (as he was once a congressman from that state), but I didn't think simply living in a state was qualification enough. I suppose then all members of Congress have dual residency.