Texas law stipulates that after a candidate wins a primary, the party may not replace him unless he is ineligible for re-election. DeLay asserted, when he resigned, that he moved to Virginia, rendering him ineligible. The Texas Republican Party chairwoman subsequently declared that DeLay was ineligible for re-election, and set about choosing a replacement candidate. Texas Democrats, however, filed a lawsuit arguing that the Republican Party could not legally name another candidate for the 2006 election because DeLay was still eligible for election.