SD Union Tribune: Suit seeking recount of Bilbray election is dismissed

[rumpel]

SIGNONSANDIEGO NEWS SERVICES
3:43 p.m. August 29, 2006

SAN DIEGO – Saying he lacked jurisdiction, a judge Tuesday dismissed a lawsuit seeking a recount in the special election that Republican Brian Bilbray won in June to replace disgraced ex-Rep. Randy “Duke” Cunningham.
Superior Court Judge Yuri Hoffman said that once the House of Representatives asserted its exclusive right to swear Bilbray into office, it left the court without jurisdiction in the election contest.

Two voters in the 50th Congressional District, Gail Jacobson and Lillian Ritt, filed suit July 31, seeking a recount and alleging that County Registrar Mikel Haas violated procedures before the election and during an official voter request for a hand-count of ballots.
The lawsuit alleged that Haas sent Diebold electronic voting machines on “sleepovers” in the unsecured homes and cars of volunteer poll workers for weeks prior to the election, in violation of state and federal law.

The lead attorney for the plaintiffs, Paul Lehto, argued last week that the oath of office was administered to Bilbray even before Haas certified the election results in late July, and that the specific intent of the GOP-controlled House of Representatives was to render the state court powerless.

snip
Outside court Tuesday, Lehto said there were thousands of uncounted votes in the June 6 special election, rendering voters in the 50th Congressional District “completely impotent.”

“We don't know what the result of the election is,” Lehto told reporters.

http://www.signonsandiego.com/news/politics/20060829-1543-recount.html

[EFerrari]

1. It just doesn't matter. Thank you, Landshark, for putting the Thugs

on notice.

That's just where we want them. Thank you.

:toast:

[rumpel]

2. Yes, it has brought to light, a previously unnoticed issue

Now, bearing witness of the "powerless courts" over federal elections, the States will have to be vigilant in the protection of their citizens' voting rights.

[EFerrari]

3. They are now officially on notice. We are WATCHING, we are not

STUPID and we're not AFRAID.

No more 2004s.

:toast:

[derby378]

4. I hope you're not UNARMED, either

This is as explicit and as shameless as when the SCOTUS handed Junior the White House the same way Veruca Salt got handed "her" Golden Ticket.

[EFerrari]

6. I don't mean the decision doesn't matter. I'm saying that no matter

what they do, we have organized. We have prepared. They won't skate on this or on anything any more. They, derby378, are fucked. :)

[robinlynne]

9. I don't think you grasped what just happened. This judge just took away

states' jurisdiction over elections, and said that the congress has the power to APPOINT anyone they want, independently of who we elect. This is a repeat of 2000. This precedent is even worse, because 2000 is not allowed to be used as judicial precedent. This will be used in november, you can count on it. Dennis Hastert broke the law here, illegally swearing in an unelected official without bothering to count the votes, and the judge upheld Hastert's decision, and gave the congress jurisdiction over the decision, instead of the county and/or the state!!!!!!!
This is terrible, unbelievably bad!

[EFerrari]

13. I did get it. And it will not stand.

:kick:

[derby378]

5. Where the hell IS everybody?

This development is huge. Francine Busby has become the victim of grand larceny.

[texpatriot2004]

7. I'm here nt

[derby378]

8. Thank you

Please spread the word!

[robinlynne]

10. I'm here. I can't believe the judge had the nerve.

[Stevepol]

11. If he doesn't have jurisdiction, who the hell does? God?

[rumpel]

17. Hastert n/t

[leesa]

12. This is an astounding decision. The results were not even certified and

the House declared the winner for us! The San Diego area is politically filthy. I suspect they needed to keep a lid on some of the other criminal activity there by pushing Bilbray into office. Duncan Hunter is one who should be in an adjacent cell to Duke.

[rumpel]

19. and the "unoffcial results" were faxed to Hastert

but by Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office

Assistant CA SoS Provided Unofficial Busby/Bilbray Election Results to Hastert!
Guest blogged by Emily Levy

snip
So who is Susan Lapsley, Assistant to the Secretary of State for Elections? She was previously Susan Bilyeu, previously Deputy Secretary of State in Nevada. Her husband, Rob Lapsley, was the former deputy SoS to Republican SoS of California, Bill Jones. According to an official involved with the California voting system certification process, when asked if he was surprised to hear her name connected with this story about Congress's intrusion into the Busby/Bilbray election,

"If anybody would tell them this, it would be her."
The official described Lapsley's entrance into the California SoS bureaucracy this way:

From the day she showed up as part of the process at the SoS office, she was first there without a title and was involved in pretty much everything having to do with the e-technology issue…. Very clearly someone with connections behind the scenes. It was clear everybody in room looked to her for direction.
What's her husband up to now? According to my source, whether or not it's his official title, he's SoS Bruce McPherson's campaign director.

http://www.bradblog.com/?p=3339#more-3339

[bbgrunt]

14. this is a total outrage. nt kick

[DeepModem Mom]

15. K&R

[EFerrari]

16. kick

[rinsd]

18. Fine, this chapter is now closed. Now work to get Busby a seat in Nov!

http://www.busbyforcongress.com/