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evince
08-27-2006, 12:34 PM
http://www.scoop.co.nz/stories/HL0608/S00316.htm

evince
08-27-2006, 04:15 PM
Congressional Election Nullified – Nobody Noticed
Friday, 25 August 2006, 10:45 pm
Article: Michael Collins

Speaker of the House Nullified
San Diego Congressional Race

By Michael Collins
“Scoop” Independent Media
Washington, DC
It appears the US media overlooked one of the great political stories of the year. In what is becoming something of a pattern, here’s a brief chronology:

On June 6, 2006 Republican Brian Bilbray allegedly slightly outpolled Democrat Francine Busby in the special election for California’s 50th Congressional District, despite Busby’s lead in the polls going into the election. There were immediate cries of foul following the election due to major irregularities, including electronic voting machines sent out to the homes and cars of volunteers for up to 12 days prior to the election, and irregular election results like huge mega-precincts of absentee ballots where turnout was thousands of percent more than registered voters.

On June 13, 2006, Bilbray flew to Washington, DC and was sworn in as a member of the United States House of Representatives by House Speaker Dennis Hastert.

On or about June 30, 2006, 17 days after Bilbray was sworn in as a member of the House, Mikel Haas, Registrar of San Diego County, officially completed the audit of election results required for certification, and officially certified the election of Bilbray over Busby based on 163,931 votes cast, of which 2,053 votes were said to be cast on Diebold TSX touchscreens, and the remainder scanned via Diebold Accuvote OS computers.

On July 31, 2006, the Contestants filed an election contest, seeking a hand recount and to invalidate the election on several grounds, not only including the affirmative evidence of irregular results, but also including the stonewalling of citizen information requests and the pricing of recounts at an estimated $150,000 that made it difficult or impossible for any citizen to tell who won the election.

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On August 22, 2006 the defendants moved to dismiss, arguing that the swearing in of Bilbray deprives everyone else of jurisdiction including specifically the San Diego Superior Court because Art. I, sec. 5 of the US Constitution has been held to mean that the House and Senate are the judges of the Qualifications of their Members, one of those qualifications is supposed to be “election.”

There is some thing very wrong with this sequence. Elections are not complete, anywhere, until they are officially certified by local authorities. How can a citizen get sworn in as a member of the House of Representatives before his or her election is certified? Only Speaker Dennis Hastert, his team, and Bilbray have the answer.

In a filling in San Diego Municipal Court yesterday, attorney Paul Lehto outlined the core in stark terms:


Defendants are in effect arguing for the remarkable proposition that unilateral self-serving actions by a majority party in the House of Representatives to shuttle in a member of the same party can be effective, even if those actions do violence to and amount to circumvention of other sections of the US Constitution as well as the California constitution. Document available here.

evince
08-27-2006, 04:17 PM
this means Hasert is saying he can swear someone in and that makes them legal he doesnt need the state or the constitution.