Kudos to Brad for creative thinking..!

I think it is inappropriate for any election official
to keep any congressional candidate off the ballot on
the grounds that the candidate doesn't meet the
constitutional requirements to hold the office. 
Article One, section 5, says Each House shall be the
Judge of the Elections, Returns and Qualifications of
its own Members.  

Precedent establishes that if the vote in a
congressional election is so close that the winner
cannot clearly be determined, congress itself decides
who won, not state elections officials using state
laws concerning recounts.

When Henry Clay was elected to his first term, he
wasn't age 25 by swearing-in day.  But no one in
Congress objected to his being sworn in, and he was
sworn in.  Back then, of course, there were no
government-printed ballots, so no government official
had to decide whether to print Clay's name on a ballot
or not.

It's especially inappropriate for state elections
officials to leave someone off any congressional
ballot because of the candidate's residency, because
it is such a gray area.  So, I would say, if DeLay
were running in one of these special non-partisan
elections, and he came in first or second, but no one
got a majority, his name should be printed on the
run-off ballot also.  If he were elected in the
run-off, and he didn't live in Texas on either
election day (November or December), Congress would
decide whether to seat him.

--- "Smith, Brad" <BSmith@law.capital.edu> wrote:

Yes, but you have to admit it's a fun hypothetical.
_______________
From: Vince Leibowitz

Brad,

The order only applies to the districts altered by
redistricting, not all 32 of Texas' Congressional
districts. It is similar to what was done in the
1990s when another redistricting plan was declared
unconstitutional mid-cycle. The order specifies
that:
 
"For the redrawn congressional districts, the Court
ORDERS that special elections for the office of
United States representative for the 100th Congress
be held under section 204.021 of the Texas Election
Code in conjunction with the November 7, 2006
general election."
 
Vince Leibowitz
 
 

	-----Original Message-----
	From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu]On
Behalf Of Smith, Brad
	Sent: Friday, August 04, 2006 6:44 PM
	To: election-law
	Subject: RE: Texas Redistricting Order
	
	

	So if Tom DeLay holds Nick Lampson under 50% on
election day, and if DeLay is not a resident of
Texas on that day, then can he be removed from the
ballot before the run off.  Or do we have to wait
until the runoff to determine whether or not he is a
resident of Texas?

	Bradley A. Smith

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