GOP attorneys say letting another Republican replace ex-Congressman Tom DeLay on the ballot would promote interest in the race by giving voters a choice.
The brief was filed yesterday with the Fifth US Circuit Court of Appeals in New Orleans, which is scheduled to take up the case on Monday.
DeLay won the primary in the suburban Houston district, but resigned June ninth and said he's moved from Sugar Land -- to Virginia.
A federal judge in Austin ruled the name of the embattled former House majority leader must stay on the November seventh ballot.
Since the ruling, DeLay has left open the possibility that he will run for his old seat -- against Democrat Nick Lampson.
Meanwhile, DeLay faces trial in Austin on charges of money laundering and conspiracy in a 2002 campaign finance case linked to legislative races.
He says he's innocent.