| AUSTIN (AP) - The Texas Republican Party must keep former congressman Tom DeLay on the November election ballot, a federal judge ruled Thursday.
U.S. District Judge Sam Sparks heard testimony last week in a daylong trial to determine whether the Republicans should be able to move ahead.
DeLay, the former House majority leader who resigned from office June 9, testified that he lives and votes in Virginia and that he has a Virginia driver's license.
But lawyers for Texas Democrats pointed out DeLay still owns a Houston-area home, where his wife Christine lives and where DeLay spends time. The Democrats also argued that it couldn't be shown conclusively whether DeLay would be an ‘‘inhabitant'' of Texas on Election Day on Nov. 7.
Sparks indicated at trial that he expected an appeal.
Democrats want to keep DeLay and his legal troubles on the minds of voters and hope to win his former seat in the 22nd congressional district, where Democrat Nick Lampson is running.
‘‘Now he's on the ballot, now he's off the ballot,'' said Lampson spokesman Mike Malaise. ‘‘We're just campaigning as if we have an opponent.''
DeLay, under indictment on Texas campaign-finance charges, won the Republican primary for his district in March but announced about a month later that he was resigning from Congress and moving to Virginia.
Don Bankston, a member of the State Democratic Executive Committee from Fort Bend County, said DeLay tried to "manipulate the rules" in seeking to be found ineligible for office.
"Voters can now decide between someone who cuts-and-runs to Virginia or someone who will fight for them," he said.
Fort Bend County Republican Party Chairman Gary Gillen, however, denounced the ruling.
"I think it's a sad day for the voters of the 22nd District. The Republican Party will appeal this to the Fifth Circuit Court of Appeals, which will obviously slow the entire process down. I hope voters will prevail and will be able to vote for the candidate of their choice, rather than being denied an opportunity by the courts," he said.
DeLay is awaiting trial on money laundering and conspiracy charges connected to the financing of Texas legislative campaigns in 2002 with alleged illegal corporate money. DeLay also has come under suspicion over his ties to disgraced lobbyist Jack Abramoff.
Republican leaders insist DeLay did not ‘‘withdraw'' from the election in Texas, which could mean that he couldn't be replaced. They say Texas Republican Party chairwoman Tina Benkiser declared him ‘‘ineligible'' because of his move to Alexandria, Va., allowing the party to choose a new nominee.
Democrats contend that GOP officials worked for months to manipulate the election system to ensure that they could hand-pick a new nominee after DeLay's primary. Republicans claim Democrats are trying to ‘‘steal'' the congressional seat.
On Wednesday evening, members of the Fort Bend County Executive Committee voted 37-19 to elect Therese Raia of Sugar Land for placement on any nominating committee to replace DeLay, if one does convene.
The Republican Party had planned to convene a committee of a single precinct chair from each of the four precincts in CD 22, and choose a candidate from among about a dozen who have expressed interest.
Members of the county's executive committee gave Sugar Land Mayor David Wallace 20 votes in a straw poll taken Wednesday. Coming in second was State Rep. Charlie Howard, with 13 votes.
Raia that evening distributed a survey to the 56 precinct chairs in attendance, asking a series of questions regarding their preferential candidate.
Raia has not committed to vote for Wallace.
Fort Bend Herald reporter Stephen Palkot contributed to this story.
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