DeLay will stay on November ballot, judge rules

AUSTIN, Texas — The Texas Republican Party must keep indicted former Rep. Tom DeLay on the November ballot, even though he isn't campaigning for re-election, a judge ruled Thursday.

GOP leaders want to replace DeLay on the ballot and say state election law allows them to select a new candidate because DeLay has moved out of Texas. Democrats sued to block them.

DeLay, the former majority leader, won his Republican primary in March but resigned in June and moved to Virginia. He is awaiting trial on money laundering and conspiracy charges connected to the financing of Texas legislative campaigns in 2002 with alleged illegal corporate money.

In court last week, DeLay 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.