Election Nullification Rejected! As Plaintiffs Seek to Prevent National Use of the 'Constitution as a Weapon'!
Jurisdictional Issue, Previously Used to Dismiss Case, to be Challenged on Appeal!
By Emily Levy on 9/8/2006, 10:50am PT  

Guest blogged by Emily Levy

The BRAD BLOG has learned that the plaintiffs in the Busby/Bilbray CA-50 election contest will be appealing the recent dismissal of the case by a San Diego judge. The appeal will be filed in California's 4th District court. Briefs are now being prepared and funds being collected for what may be a rather expensive appeal. Notice of appeal may be filed as soon as today.

Donations to the appeal can be made via Velvet Revolution.

The appeal is a rejection of Judge Yuri Hofmann’s August 29 ruling which echoed GOP claims that the U.S. House of Representatives, not the state courts or voters, have the power to determine the outcome of elections of members of Congress. In California’s 50th Congressional district in San Diego County, Republican candidate Brian Bilbray was announced to be the winner of the June 6 special election, flown to Washington and sworn in before all the votes were counted or the election certified. That, after reports were initially broken, and well circulated by The BRAD BLOG revealing that the Diebold voting machines used in the elelection were sent home with poll workers for overnight "sleepovers" in the days and weeks preceding the "bellwether" U.S. House special election.

Those sleepovers, in which election works had unsupervised access to the highly hackable, programmed, election-ready voting systems, were in contravention of both state and federal laws and led to a filing of an election contest in early July.

Says attorney Paul Lehto, who argued the plaintiffs' case in Hofmann’s court...

"Everybody would agree that every vote should be counted and yet the election was terminated with well over 10,000 votes still uncounted. Everybody would agree that you can’t end a basketball game with ten minutes left on the clock and yet that’s what the Speaker of the House did when they swore in Bilbray only seven days after the election and then claimed that what that meant was that everyone else except the House of Representatives was thereby rendered powerless to look into the election. The legal theories of the defendants attempt to turn the Constitution into a weapon to be used to terminate elections. The Constitution is supposed to protect We the People not be used against us."

Evidence increased that weaponizing the constitution is a new strategy to conquer the enemy called fair elections when a second judge dismissed a case in Nevada the same week, also citing Article I, Section 5 of the Constitution, which states in part, “Each House shall be the judge of the elections, returns and qualifications of its own members....” The Washoe County, Nevada case involved a challenge to the Republican primary election, and stretched the weak defense argument even farther by applying it to a candidate who--even if he did win the primary election fairly, which remains in doubt--can by no definition be considered a member of the House of Representatives.

With 435 House races taking place in November, appeal of the San Diego ruling may be the only opportunity to stop the Republican-controlled House--and perhaps the Senate as well--from wielding Article I Section 5 over the heads of the American people and swearing in Republicans regardless of election results.

Bilbray and Democratic candidate Francine Busby competed in the special election to serve the remainder of the term of Randy "Duke" Cunningham, who is now serving his term in prison rather than Congress. Both candidates are running in November for a full Congressional term.

Questions about the results of the Busby/Bilbray special election were first raised here on BradBlog, where it was revealed that the Diebold electronic election equipment--proven to be easily hackable--was sent home with volunteer pollworkers for days and weeks before the election, violating both state and federal regulations and rendering the voting equipment uncertified for use in an election. Plaintiffs Barbara Gail Jacobsen and Lillian Ritt, both CA-50 voters, filed the election contest when efforts for a hand count of the ballots were thwarted by Registrar Mikel Haas’s refusal to provide the necessary public information.

Contributions are needed to fund this appeal. Yours can be made through Velvet Revolution.

The BRAD BLOG continues to be the leading source of news on this story and will bring you further details of the appeal as they develop. RawStory and The Peter B. Collins Show have provided excellent ongoing coverage as well. NoSleepovers.org is the site of the CA-50 Action Group, which formed to challenge the June 6 election.

UPDATE: Brad will be on Peter B. Collins' show today at 5:20pm PT (8:20pm ET) to discuss this case, and several other recent BRAD BLOG stories. Listen up online here...