What the rules say is:

"The top 15 drivers with the most wins over the first 26 races will earn a spot in the Chase Grid provided they have finished in the top 30 in points and attempted to qualify for every race."

"The 16th Chase position will go to the points leader after race No. 26, if he/she does not have victory. In the event that there are 16 or more different winners over 26 races, the only winless driver who can earn a Chase Grid spot would be the points leader after 26 races."

"If there are fewer than 16 different winners in the first 26 races, the remaining Chase Grid positions will go to those winless drivers highest in points. If there are 16 or more different winners in the first 26 races, the ties will first be broken by number of wins, followed by NASCAR Sprint Cup Series driver points."

As you can see from above there are a few scenarios where a driver with a win under the rules would not make the Chase:

1. You have a win but did not make an attempt to qualify for every race. Tony
2. You have a win but fall outside the top 30 in points.
3. You have a win but more than 16 drivers have wins.

NASCAR should have followed the rules and Tony should be out of Chase contention. There are problems with letting him maintain his eligibility. Credibility is the first issue. For years fans have said NASCAR lacks credibility because they apply the rules how they want. Letting Tony in doesn’t help that nor did letting Gordon in last year. Unlike Gordon Tony’s issue stemmed from something outside of NASCAR and it was a decision Tony made on his own. In Gordon’s case at least you can say he was an innocent bystander who didn’t bring the situation on himself. To bend the rules in this case also has some bad perception issues attached to it among folks who are not dedicated race fans. The perception is he is being rewarded after killing someone. The incident was an accident, but a lot of folks who don’t follow racing don’t look at it that way. The other reality is the investigation isn’t over we don’t know if the DA is going to press charges or not. Let’s say Tony wins tonight and he is in the Chase then next week the DA decides to press charges. What a circus that would be (I actually think the DA may take action). People joked about the Jeff Gordon rule last year; if Tony makes the Chase years from now people will talk about the Tony Stewart rule, and that not something that NASCAR needs to be attached to.

NASCAR should have sat Tony down and said look rules are rules you failed to attempt at two races. We will give you all the moral support we can to get you over this incident but we can’t compromise our rules for a decision that you made outside of NASCAR. The rules were in black and white before the season started. You knew the standard and after your incident last year you should have know that racing outside of NASCAR has possible consequences. Guys like Greg Biffle and Matt Kenseth have been here every week they made different decisions; to put you back in contention is not fair to them. They have worked hard and they are expecting us to follow our own rulebook.

In the garage everyone is happy he is back but the view is split on his Chase eligibility.

Take Care All