A judge dismissed a conspiracy to violate state election law charge against DeLay after defense attorneys argued that the conspiracy law did not apply to election law in 2002. Prosecutors want the 3rd Court of Appeals to reconsider the dismissal.

Two charges against DeLay remain _ conspiracy and money laundering. The case against DeLay and two of his associates was put on hold last month until the appeal is resolved.

DeLay was forced to relinquish his House leadership post after he was indicted in September.

Prosecutors allege that in 2002, DeLay conspired to funnel $190,000 in corporate money through his political action committee to the national Republican party and back into several Texas legislative races.

Texas law allows the use of corporate money only for administrative expenses in political campaigns.

Defense attorneys next will file briefs before the appeals court.