Net Roots Movement

Lets Make Change.

Can the GOP replace DeLay?

The Law says NO:

145.035. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE’S
NAME OMITTED FROM BALLOT. A candidate’s name shall be omitted from
the ballot if the candidate withdraws, dies, or is declared
ineligible on or before the 74th day before election day.
Acts 1985, 69th Leg., ch. 211, 1, eff. Jan. 1, 1986. Amended by
Acts 2005, 79th Leg., ch. 1109, § 7, eff. Sept. 1, 2005.

145.036. FILLING VACANCY IN NOMINATION. (a) Except as
provided by Subsection (b), if a candidate’s name is to be omitted
from the ballot under Section 145.035, the political party’s state,
district, county, or precinct executive committee, as appropriate
for the particular office, may nominate a replacement candidate to
fill the vacancy in the nomination.
(b) An executive committee may make a replacement
nomination following a withdrawal only if:
(1) the candidate:
(A) withdraws because of a catastrophic illness
that was diagnosed after the 62nd day before general primary
election day and the illness would permanently and continuously
incapacitate the candidate and prevent the candidate from
performing the duties of the office sought; and
(B) files with the withdrawal request a
certificate describing the illness and signed by at least two
licensed physicians;
(2) no political party that held primary elections has
a nominee for the office sought by the withdrawing candidate as of
the time of the withdrawal; or
(3) the candidate has been elected or appointed to
fill a vacancy in another elective office or has become the nominee
for another office.
(c) Under the circumstances described by Subsection (b)(2),
the appropriate executive committee of each political party making
nominations for the general election for state and county officers
may make a replacement nomination for the office sought by the
withdrawing candidate.
(d) For the purpose of filling a vacancy, a majority of the
committee’s membership constitutes a quorum. To be nominated, a
person must receive a favorable vote of a majority of the members
present.
(e) A vacancy in a nomination for a district, county, or
precinct office that was made by primary election may not be filled
before the beginning of the term of office of the county executive
committee members elected in the year in which the vacancy occurs.

Read the Law

UPDATE:The law is a bit more confusing for national elections. Follow the analysis on Swing State Project by blogger DavidNYC

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April 3, 2006 - Posted by | The Progressive Movement

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