The Texas Democratic Party is suing to keep Tom Delay on the ballot for the upcoming November election.
http://www.fortbendnow.com/news/1275/democrats-suit-slaps-speed-bumps-on-gops-congressional-racetrack The lawsuit has the effect of delaying the selection of Delay's replacment on the ballot and if sucessful, forcing Delay on the ballot in November where he will have no chance against Nick Lampson.
A key element to the suit is that Delay is eligible to run and represent Texas. To be eligible to represent Texas, Delay needs to be resident of Texas on the date when he is elected. This is the same rule that allows Santorum to represent Pennsylvania even though Santorum lives in Virginia. So far, the GOP's only proof that Delay is not a Texas resident is Virginia driver license and the fact that Tom Delay has registered to vote in Virginia. Again none of these conclusivly establishes that Delay is not a resident on Nov. 7, 2006 because he can change his mind at any time and declare that he is a Texas resident.
The State of Virginia is evidently investigating Delay's attempt to register to vote.
http://muse-musings.blogspot.com/2006/06/uh-oh-delay-may-be-in-legal-trouble-in.html .....a challenge has been filed with the City of Alexandria's Voter Registrar alleging that former House Majority Leader Tom DeLay's (R-TX) voter registration in Virginia was illegal. The challenge alleges that DeLay lacked domiciliary intent when he registered to vote and that he maintains legal residence in Texas. Similar to the legal action filed by the Texas Democratic Party, the challenge notes that DeLay is still registered to vote in Texas, has a Texas driver's licence and is receiving a Texas homestead exemption. Under Virginia law, DeLay has the burden of proof that he has changed his domicile. His Texas domicile is presumed to continue until he has a residence in the Virginia and the intention to remain there. DeLay's continuing presence in the Lone Star state is presumptive proof that he remains a Texas citizen.