[JURIST] Texas Republicans said Thursday that they will appeal a federal appeals court decision [PDF text] that former US House Majority Leader Tom DeLay [JURIST news archive] must remain on the Texas ballot for the November election to the US Supreme Court. The US Court of Appeals for the Fifth Circuit [official website] ruled Thursday that the Republican party cannot remove DeLay from the ballot [JURIST report] even though he currently resides in Virginia because he could still return to his home in Texas before election day. Republicans want to pick a different nominee to run against Democrat Nick Lampson this fall, and complain that the Democrats are trying to control the Republican nominee by forcing Republicans to list DeLay. If DeLay were to simply withdraw from the election rather than be declared ineligible, however, the Republicans would not be able to name a replacement candidate.

The Fifth Circuit affirmed a decision [opinion, PDF; JURIST report] by US District Court Judge Sam Sparks to keep DeLay's name on the ballot. DeLay resigned from Congress [JURIST report] earlier this year after winning a March primary for his congressional seat. He is awaiting a Texas trial on money laundering and conspiracy charges [JURIST report] for allegedly using corporate money to fund legislative campaigns. AP has more.