Because of Texas state law (and court rulings interpreting it), Republicans, in order to hold on to the seat, would have had to win a write-in campaign, something that has only been done four other times in the history of U.S. congressional elections.
In the special election, there were five candidates—four Republicans—Shelley Sekula-Gibbs, Don Richardson, former US Representative Steve Stockman and Giannibecego Hoa Tran, and one Libertarian, Bob Smither.
Only Lampson's and Smither's names appeared on the ballot, as Shelley Sekula-Gibbs had to run as a write-in candidate because DeLay had previously won the Republican primary.
On April 3, 2006, three days after a former aide, Tony Rudy, pleaded guilty to various charges of corruption relating to the Jack Abramoff scandal, DeLay announced that he would withdraw from the race and not run for re-election.
On May 24, 2006, DeLay's final bill, the Safe and Timely Interstate Placement of Foster Children Act of 2006, passed in the House with unanimous support.
[5] On June 12, 2006, Tom DeLay's voice was featured in a robocall that went to 11,000 homes in Northern Virginia announcing his endorsement for Republican Primary candidate Mark Ellmore.
This prompted a challenge with the City of Alexandria Voter's Registrar,[7] stating the vote was illegal since it was speculated that DeLay was still registered in Texas.
The Texas Republican Party chairwoman subsequently declared that DeLay was ineligible for re-election, and set about choosing a replacement candidate.
[10] On August 7, the Texas Republican Party filed an application to Justice Antonin Scalia, who handles the Fifth Circuit, to stay the Court of Appeals ruling.
This effectively ended the efforts by the GOP to put a replacement name on ballot, as the Supreme Court could not hear and decide the case before the November election.
Most of the Democratic strength can be attributed to the portion of the district in Galveston County, home to large numbers of unionized petrochemical refinery workers.
[14] The Texas GOP, resigned to the fact that they could not get another name on the ballot, decided to go the write-in route, scheduling a meeting of precinct chairs in the 22nd district on August 17.
Before that meeting, Sugar Land mayor David Wallace, the presumed favorite before Scalia's denial of the appeal, filed as a write-in candidate with the Texas Secretary of State, vowing to run even without the support of the GOP.
But with national Republicans insisting that the only way they would fund the race—they were pledging $3 million—was if the GOP field was limited to one write-in candidate, Wallace withdrew in late August.
Eric Thode, former GOP chairman in Fort Bend County, which includes DeLay's hometown of Sugar Land, doesn't expect much outside money to be spent on the race.
CQPolitics.com summed up the race this way:[29] In one of the more short-lived victories in recent political history, Houston City Councilwoman Shelley Sekula-Gibbs was elected Tuesday to fill the vacant seat in Texas' 22nd District for the final two months of the 109th Congress — while simultaneously losing her write-in bid to win a full two-year term in the seat long held by resigned Republican Rep. Tom DeLay, the former House majority leader.
[29] According to The New York Times, Sekula-Gibbs has announced her intention to resign her seat on the Houston City Council in order to serve during the lame duck session in Congress.