Trying to get off the ballot

I find it mildly amusing to watch Tom DeLay's efforts to remove himself from the ballot in Texas, while the Democrats try to keep him on:

AUSTIN, Texas - Former Rep.

Tom DeLay testified Monday that he lives and votes in Virginia, bolstering the Republican Party's claim that he is ineligible to appear on the November ballot in Texas.

But Democrats, hoping to keep GOP scandal on voters' minds, argued in federal court that DeLay's name should stay on the ballot because he maintains a home in suburban Houston and could be living there before Election Day.

DeLay and state Republican Party chair Tina Benkiser seemed to agree under questioning that they can't say conclusively whether DeLay would be residing in the state on Nov. 7.

U.S. District Judge Sam Sparks did not immediately rule on the dispute but disagreed with part of the Republicans' argument.

Republican leaders insist DeLay did not "withdraw" from the election, which could mean that he couldn't be replaced. They say Benkiser declared him "ineligible" because of his move to Virginia, thus allowing the party to choose a new nominee.

Sparks, without saying how he will rule, said his legal opinion "will clearly say this is a withdrawal. ... The congressman, for whatever reason, decided not to complete the election."

It doesn't seem likely, but the Democrats would really have egg on their faces if they won the battle to keep him on the ballot, and he won re-election because of it.