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By Lehto, Paul (about the author) Page 2 of 2 page(s)

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Oath of Office--Fiftieth Congressional District of California: Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California .

Here (statement only) or here (full record)

Bilbray, it would now seem, was not sworn in without forethought, as though there were no issues involved. Somehow, the Clerk of the U.S. House of Representatives received notification from Republican Bruce McPherson's Assistant Secretary that Bilbray "was elected Representative in Congress."

This may come as news to the legal team fighting the recount in San Diego Superior Court. They have asserted that the recount is irrelevant because Federal authority supersedes state authority as a result of the June 13th swearing in of Bilbray. This logic was confirmed in a letter to San Diego Superior Court by Paul Vonivich , counsel for the House Committee on Administration. In that letter, he acknowledges the sequence of events and asserts that the swearing in makes moot any recount based on superior federal authority in congressional elections.

Now we find out that that swearing in was based on the confirmation provided by a state government official. This strongly implies that the Congress actually recognized state authority to determine that the election outcome was official.

A careful look at the statement in the Congressional Digest reveals some interesting assumptions and perhaps careful planning. The Speaker, Hastert, administered the oath based on word from California's Assistant Secretary of State for Elections that Bilbray "was elected Representative in Congress." Several assumptions are embedded in this statement. First, Hastert knew that he needed an authority to justify the election as official. Second, he relied on state authority, Susan Lapsley specifically. Third, Hastert knew that there were only "unofficial results," because those are clearly referenced yet he accepted the word of the Clerk that Lapsley had made the call that Bilbray "was elected Representative in Congress." Finally, Lapsley, who has no official status in San Diego County where the election was held, used "unofficial results" to convey to the court that Bilbray was elected.

The "Scoop" August 25th article generated significant public outcry. There is now a campaign to challenge Speaker Hastert's role in the San Diego election. This web page provides a rationale based on the premature swearing in and a recent Zogby Poll that showed 92% of Americans insist on the right view election results and raise questions. The site, Say No To Another Election Theft Before Fall Midterms: Recall House Speaker Hastert For Interfering With Local Elections, went up today and is reportedly receiving significant activity. The site quoted the initial "Scoop" article, noted the disregard for procedure and law, and linked the struggle against election fraud in the United States with protests in Mexico, the, site of a highly questionable presidential election.

Conundrum

According to the official record of the U.S. House of Representatives, we had a Speaker of the House swearing in a new Member of Congress from San Diego based on the word of an Assistant Secretary of State in Sacramento. That state of California official reportedly verified the San Diego election as official in a communication to which the "unofficial results" were attached.

At the same time, we have a legal team representing the Registrar of San Diego County challenging a suit by citizens which seeks to open up the election records and perform a recount. The San Diego Registrar is refusing to conduct a recount based on the supremacy of federal authority, namely the House's prerogative to swear in new members. The Registrar argues that the June 13 swearing shows federal supremacy.

Now, from the actual record of the swearing in, we discover that the Speaker and Congress actually relied on a politically appointed California state official whose authority was used to determine that the election results were official. That state official has no authority for elections in San Diego County.

The only consistent thread that runs through the entire affair, the swearing in of a candidate before an electron controversy was settled, is that each and every point in the decision making process, the decisions are dominated by Republicans or officials under the control of Republicans. The process is not flawed because of this particular partisan label, it's flawed because it violates the expectations of a free people to have their elections taken seriously by those it elects, regardless of their party.

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Copyright: This article may be used in whole or in part with attribution to the author and a link to "Scoop" Independent Media.
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Paul Lehto practiced law in Washington State for 12 years in business law and consumer fraud, including most recently several years in election law, and is now a clean elections advocate. His forthcoming book is tentatively titled DEFENDING (more...)

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