The Texas GOP can't replace Tom DeLay on the November ballot, according to the 5th U.S. Court of Appeals.Three judges from that court agreed with federal judge Sam Sparks of Austin: DeLay can't be replaced with another candidate unless he's ineligible on Election Day. They ruled after this week's newsletter went to bed. The opinion, in full, is in the Files section of the website (click on Files in the bar at the top of the screen). Texas Democrats crowed over the ruling. In a written statement, Republican Party of Texas Chair Tina Benkiser said the GOP will appeal the ruling to the U.S. Supreme Court. UPDATE: The U.S. Supreme Court won't hear the appeal. Justice Antonin Scalia turned it down, leaving in place the ruling of the 5th Circuit. DeLay can take his name off of the ballot, but the GOP doesn't have the constitutional grounds to replace him with another candidate. Another candidate can mount a write-in campaign and try to win that way. Or DeLay can mount a real campaign, hoping to prevail over Democrat Nick Lampson. If DeLay could win that contest, he could always refuse to serve, setting up a special election that might be more agreeable to a fresh Republican face. But Lampson's the best-known candidate still in the race without any flies on him. DeLay wanted off the ballot for fear that his own political troubles could hurt him and other Republican candidates.

Tom DeLay's former mayor is running for the former House majority leader's seat in Congress. Update: He won't be alone.

Sugar Land Mayor David Wallace will run a write-in campaign, hoping to best Democrat Nick Lampson in November.

He'll be joined in that contest by Houston City Council member Shelley Sekula-Gibbs, who announced she'll also pursue a write-in effort.

That's daunting, at the least. They must to file with the Texas Secretary of State by August 29, either paying a $3,125 filing fee or submitting the signatures of 500 bona fide registered voters in the district on petitions by that same date. The names of eligible write-in candidates are posted at polling places and in the booths where people vote. As for misspellings and such, the election judges count anything if the voter's intention in clear. "M. Mouse" would likely count as a vote for Mickey Mouse, if he'd paid his fee, and so on.  

The write-in door is open to almost anyone. It's not open, however, to candidates who ran in the primaries and lost. That rules out three Republicans who ran against DeLay in March.

Steve Stockman, a former congressman who tried to get enough signatures to get on the ballot as an independent earlier this year — when DeLay was still in the hunt — apparently remains eligible as a write-in candidate. If he can get the signatures or the money together by August 29, he can get on the ballot.

Two House members — Reps. Charlie Howard, R-Sugar Land, and Robert Talton, R-Pasadena — were interested in taking DeLay's spot on the ballot. A spokesman for Texas Secretary of State Roger Williams said initially that candidates on the ballot for other offices would have to drop out of those races to file as write-in candidates in CD-22.

But lawyers for the SOS are taking another look at that issue.

If the SOS rules to their advantage, they'd be able to run as write-ins while also seeking reelection to the jobs they have now. Otherwise, they'd have to give up their reelection races to get into the congressional contest.

David Weber, until now the special counsel for policy development at the Texas Department of Insurance and before than an aide to House Speaker Tom Craddick, signed on with Gardere Wynne Sewell in that firm's legislative and regulatory affairs shop.

Brian Todd Hoyle of Longview will join the 12th Court of Appeals for the rest of the year (until the elections). He was in private practice until Gov. Rick Perry tapped him for that spot. Diane DeVasto left the court to go into private practice, and Hoyle's got her spot.

The Texas Apartment Association named Wendy Wilson their new general counsel; she's been general counsel for state Sen. John Carona, R-Dallas. And David Mintz, the outfit's chief lobbyist, will remain there but is also taking on new clients, starting with the Texas Institute of Building Design.

John O'Brien, the acting head of the Legislative Budget Board, is the new president of the National Association of Legislative Fiscal Officers, or will be next week when that group convenes.

Sen. Jeff Wentworth, R-San Antonio, is the new vice chairman of the Southern Legislative Conference, a group of lawmakers from 16 southern states.