They’re trying to keep him on the ballot:

The Texas Democratic Party won a temporary restraining order Thursday blocking the process that would name a replacement for Republican U.S. Rep. Tom DeLay on the November ballot.

State District Judge Darlene Byrne ordered Texas GOP Chairwoman Tina Benkiser not to convene party officials to decide on DeLay’s replacement until after a June 22 court hearing.

Democrats are trying to keep DeLay’s name on the ballot, which would also keep his legal problems in front of voters. DeLay leaves Congress on Friday.

State Democratic Party Chairman Boyd Richie said Democrats are trying to keep the GOP from creating a “sham vacancy” for the Republican nomination for the 22nd Congressional District.

Richie said DeLay intentionally waited until after the primary to get out of the race, announcing he would abandon his re-election campaign and move to the Washington suburbs. He said the GOP then declared DeLay ineligible, assuming he would move from the state, and started a replacement nomination process while he was still in Congress and eligible for the ballot.

A phone call to the Texas Republican Party by The Associated Press wasn’t immediately returned Thursday night.

Republican lawyers argued in court Thursday that DeLay’s intent is the deciding factor, according to a report on the Austin American-Statesman Web site.

DeLay is awaiting trial on money laundering charges he says are politically motivated.

Hat tip- Rhymes with Right, who notes:

DeLay can be replaced if declared ineligible, but not if he withdraws. The Democrats are trying to muddy the water regarding which he has done in an attempt to keep DeLay on the ballot, effectively leaving Lampson without a challenger because Tom DeLay HAS established residency in Virginia.

At bare minimum, the goal is to prevent there from eing a candidate actively raising campaign funds and campaigning against [former Dem congressman Nick] Lampson. After all, despite their rhetoric, the Democrats and their lawyers know that the Texas Election Code DOES allow for DeLay to be removed from the ballot.