Book Reviews | Gordon Campbell | News Flashes | Scoop Features | Scoop Video | Strange & Bizarre | Search

 


Appeal Filed in Bilbray Election Challenge

Election Nullification American Style:
Appeal Filed in Bilbray Election Challenge:

Speaker Hastert’s Swearing In At Issue


Michael Collins
Special for
“Scoop” Independent News
Washington, DC

Attorneys Paul Lehto and Kenneth Simpkins just entered an appeal to a California Superior Court decision that prematurely ended an election contest in California’s 50th Congressional District. Just seven days after the election, Speaker Dennis Hastert swore in Brian Bilbray on the House Floor on June 13, 2006. Hastert claimed that Bilbray was the rightful winner of the close election based on a communication he received from the office of California’s Republican Secretary of State, Bruce McPherson.

At the time of Hastert’s induction there were charges of major election problems and questions raised about the security of voting equipment. In addition, the election had not yet been “certified” by the Registrar of San Diego County. Certification did not take place until the end of June. Hastert claimed, via Bilbray's legal filings, that Bilbray was the rightful winner of the close election and that state courts had no power whatsoever to even look into the matter.

Appeal Filing pdf here or here .

Citizens Barbara Gail Jacobson and Lillian Ritt sued now Congressman Brian P. Bilbray and San Diego Registrar Mikel Haas to achieve a recount and close examination of the election. The case centered on secret vote counting by the Registrar, the dispersal of voting machines to the homes of poll workers well in advance of the election (and without supervision), and irregularities like failure to allocate 50% of the ballots cast to appropriate precincts. Key Constitutional issues were raised concerning the right of states and localities to conduct and judge elections. The letter that the Speaker apparently relied on indicated that there were 68,500 uncounted ballots, and that certification would have to be transmitted later "as required by law."

Judge Yuri Hoffman dismissed the case after hearing several days of evidence and argument. He cited the ultimate authority the U.S. House of Representatives to rule on the selection of its own members. Thus, Hoffman reasoned, when Speaker Hastert swore in Bilbray just seven days after the election amidst intense controversy, that induction ended any further appeal of the election outcome by state and local officials. Attorney Lehto was quick to note at the time, “The election nullification is out in the open, it is intentional, it is signed by their lawyers, and it can't be denied.” One activist pondered, “What if they’d found pictures of election workers stuffing the ballot boxes or manually changing totals after Hastert’s little ceremony?”

Election law attorney Paul R. Lehto commented:

This concerns the constitutionality of House Speaker Dennis Hastert's action to swear in Republican Brian Bilbray to Congress only 7 days after the election. A minimum of 12,500 ballots were still uncounted, the race was reported as only approximately 4,000 votes apart, and certification would not take place for more than two weeks. Despite these facts, the defendants argued that this premature swearing in deprived the state courts and everyone else of all power or jurisdiction to look into the election, an "exclusive jurisdiction" instead vesting in the House of Representatives alone.

This story was covered extensively by “Scoop” Independent News in August. The three part series included the following articles by Michael Collins.

This story is a chronicle of recent political corruption in the House of Representatives. The special election between Busby and Bilbray resulted from the resignation of convicted criminal Randy “Duke” Cunningham, the former representative from the 50th district. The swearing in of Cunningham’s replacement, Bilbray, created more controversy due to the seeming attempt to avoid any real challenge to the election. The current legal action arises at a time when Speaker Dennis Hastert is accused of neglecting the safety of Congressional Pages while providing a safe harbor for Florida Rep. Mark Foley. Foley is accused of sending Pages (who are minors) sexually suggestive emails of a homoerotic nature.

The California Court of Appeal, Fourth Appellate District, Division one is expected to rule soon on the appeal. Upholding the decision by Judge Yuri Hoffman will represent the surrender of any real local or state authority over House elections to the Speaker’s authority. Reversal will create a state – federal challenge over election authority. In either case, the outcome will be an important but not final juncture in this ongoing story of corruption, elections, and the politicians who, from time to time, nullify that which they do not accept.

ENDS

© Scoop Media

 
 
 
 
 
Top Scoops Headlines

 

Binoy Kampmark: Dysfunctional Hagiography: Australia & Gough Whitlam's Death

Hagiography is the curse of the Australian Labor movement. It is a movement that searches for, and craves, mythical figures and myths. Such a phenomenon might be termed mummification, and detracts from closer examination. More>>

David Swanson: On Killing Trayvons

This Wednesday is a day of action that some are calling a national day of action against police brutality, with others adding 'and mass incarceration,' and I'd like to add 'and war' and make it global rather than national. More>>

Uri Avnery: Israel Ignoring “Tectonic Change” In Public Opinion

If the British parliament had adopted a resolution in favour of the Israeli occupation of the West Bank, the reaction of our media would have been like this: More>>

ALSO:

| UK MPs blow a “raspberry” at Netanyahu and his serfs

Byron Clark: Fiji Election: Crooks In Suits

On September 17 Fiji held its first election since Voreqe “Frank” Bainimarama seized power in a 2006 coup. With his Fiji First party receiving 59.2% of the vote, Bainimarama will remain in power. More>>

Ramzy Baroud: ‘Islamic State’ Sectarianism Is Not Coincidental

Consider this comical scene described by Peter Van Buren, a former US diplomat, who was deployed to Iraq on a 12-month assignment in 2009-10: Van Buren led two Department of State teams assigned with the abstract mission of the ‘reconstruction’ of ... More>>

Gordon Campbell: On The Case For Using Air Power Against The Islamic State

There is an Alice Through the Looking Glass quality to the current response to the Islamic State. Everything about it seems inside out. Many people who would normally oppose US air strikes in other countries have reluctantly endorsed the bombing of IS positions in Iraq and Syria – not because they think air power alone will defeat IS (clearly it won’t) but because it will slow it down, and impede its ability to function. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
Top Scoops
Search Scoop  
 
 
Powered by Vodafone
NZ independent news