TEXAS DEMOCRATIC PARTY; Boyd L. Richie, in his capacity as Chairman of the Texas Democratic Party, Plaintiffs-Appellees,
v.
Tina J. BENKISER, in her capacity as Chairwoman of the Republican Party of Texas, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
August 3, 2006.
August 3, 2006.
Attorney(s) appearing for the Case
Chad Wilson Dunn (argued), Brazil & Dunn, Martin Jonathan Siegel (argued), Watts Law Firm, Houston, TX, Mikal C. Watts, Watts Law Firm, Corpus Christi, TX, Richard A. Grigg, Law Offices of Dicky Grigg, Cristen D. Feldman, Crews & Elliott, Austin, TX, for Plaintiffs-Appellees.
James Bopp, Jr. (argued), Raeanna Sue Moore, Bopp, Coleson & Bostrom, Terre Haute, IN, for Benkiser.
R. Ted Cruz, Office of Sol. Gen., TX, Austin, TX, Amici Curiae for Williams.
Andrius R. Kontrimas, Jenkins & Gilchrist, Houston, TX, Amicus Curiae for Wallace for Congress.
Susan L. Hays, Curran Tomko Tarski, Dallas, TX, Amicus Curiae for 68th Texas Legislature.
Before BENAVIDES, DENNIS and CLEMENT, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BENAVIDES, Circuit Judge:
The chair of the Republican Party of Texas ("RPT") declared Representative Tom DeLay ineligible for election to the 22nd Congressional District of Texas. After the RPT declared DeLay ineligible, but before the Secretary of State removed his name from the ballot, the Texas Democratic Party ("TDP") sought an injunction to prevent the removal of his name and to prevent the RPT from replacing DeLay with...
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