My read says that the withdrawal is governed by Chapter 145, Subchapter D of the Texas Election Code. Specifically, Sec. 145.091 says that those withdrawal rules apply "to a candidate in a general or special election, except the general election for state and county officers." So, general election... not a state or county officer... that's Delay.
The rules seem to allow him to withdraw without too much hassle. Sec. 145.092 lays out a few deadlines depending on the nature of the filing deadlines for the office. I think the one that applies here is subsection (a) which would allow withdrawal up to the second day of early voting.
Caveat... I'm not a Texas election lawyer, and this statute very well could have been modified by court order.
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Update - from BurntOrange.com:
Here is what we hear from independent Texas sources. Tom DeLay will resign, probably by the end of the week in order to allow Gov. Rick Perry to call a special election. The presumptive favorite is David Wallace, mayor of Sugar Land. ABC confirms to QR that DeLay will give up his Texas residency and move to the DC area. The story broke through a Time interview.Check the full post out here.
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In Washington, there has been some speculation whether DeLay can remove himself from the ballot in Congressional District 22 at all, post-primary. Typically, under Texas law, the only way a candidate would be taken off the ballot is either to lie or to move out of state. The question, legally, is whether the ballot has been certified, and whether this timing – between the primary and run-off – is a loophole that gives the Republican Party a chance to offer up another candidate in Congressional District 22.When contacted, the Texas Secretary of State's Office withheld comment pending legal review tomorrow morning. If the Governor can call a special election to replace Mr. Delay, it is not far fetched to believe that he can be placed on the ballot.
