They couldn't have ruled any other way, unless they went against the CONSTITUTION. I know all the good cons wouldn't want that...LOL!
'The Bugman' himself couldn't say where he would be on election day. The Chairwoman of the Republican Party of Texas (Tina Benkiser) admitted in her testimony that the public records could not prove DeLay's residency on election day and that DeLay could move back to Texas before election day.
Benkiser also had DeLay's original candidacy application, in which he swore that he was eligible for office. That was enough, under the Qualifications Clause, along with being a residence of Texas for decades, to be an implicit promise that DeLay would be an inhabitant of Texas on election day, according to the 3 judges.
Then 'The Bugster' and Republican party tried some more dishonesty by expressing concern about protecting the voter's rights, by feigning that this move was in their best interest. But of course the 5th District Court saw right through their transparency by saying:
"Here, we fail to see how removing DeLay from the ballot would protect the voters, inasmuch as it was the voters themselves who selected DeLay as the Republican candidate for the general election."
Now this brings up a dilemma for 'Hot Tub Tom' and the real underlying reason for wanting off the ballot. MONEY!!! Campaign contributions to be more specific. Under the law he can use campaign contributions for his 'legal defense fund'. Currently the outflow of contributions is exceeding the inflow. The thing is, if he has to stay on the ballot he has to report all of his contributions and with contributions falling off, DeLay's staunchest supporter, Bob Perry, won't be able to fully fund the pest control guy's defense fund. As a side note, as I understand it, right now his Democrat attorney, Dick DeGuerin, is vacationing in Europe spending all that Republican money...LOL.
There is a solution, exterminator Tom can withdraw and the cons can run their candidate as an independent.
The courts ruling in pdf