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ELECTION NULLIFICATION in California Congressional Election

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As lead counsel in the election contest in California's 50th Congressional District, I wish to bring to your immediate intention the intent of Congress to terminate elections before the votes are counted and long before certification. It is now proven that the Congress intended this precise result when they swore in Brian Bilbray only 7 days after the June 6 special election, and then subsequently argued that this action deprived everyone but the House of Representatives of all jurisdiction, right or power to do anything about it, nor even to have a recount or investigation of the vote!

First, an extended quote from Bradblog, then more from me.

BREAKING! 2000 ELECTION REDUX! http://www.bradblog.com/?p=3325

Busby/Bilbray Contest Defendants Claim Election Decided in DC, Not California!

Plaintiff in Response: 'Defendant's Argument Means Election Is Uncertified, Never Happened'

Guest blogged by Winter Patriot

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The CA50 special election was held on June 6, on illegal voting machines as has been described here many times. (link omitted). On June 13, Brian Bilbray was sworn in to House of Representatives. On June 30, the election certified by Registrar of Voters Mikel Haas. And on August 22, defendants filed a brief and moved to dismiss, stating that because Bilbray has already been sworn in, the Court has no jurisdiction whatsoever and the House has exclusive jurisdiction to judge who its members are and the qualifications of those members.

According to attorney Paul Lehto,
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START QUOTE
"The defendants' position is that the court is powerless (i.e. without jurisdiction) to do anything about this election contest, because Bilbray was sworn in only 7 days after the June 6, and long before the election was legally final on or about June 29.

"This premature termination of the election in the 50th Congressional District by the swearing in took place while votes were literally still being counted and provisional votes were still being counted, and also this premature swearing-in took place well before the 1% ballot audit required as part of the certification process, and also occurred fully 16 days prior to the official certification of the results.

"The defendant's premature swearing-in at the command of Washington DC politicians, if it had any legal effect at all, necessarily means that if there's no power for a Court in San Diego County to protect and review our elections for Congress, there was certainly no power and no jurisdiction for defendant Registrar Haas to certify the results of the election, either.

"The swearing in simply terminated the election in mid-count. Consequently, the defendants' arguments about the court's lack of power also mean that this uncertified election does not legally exist, in the legal sense that the election never happened, and this election never became final because it has never been certified at a time when anybody in San Diego had any power to do anything about it.

"Because no election is decided or over until it's officially certified, this election was actually decided in Washington DC, and not decided in San Diego's 50th Congressional District."
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So there you have it. This is the stick with which Paul Lehto is trying to beat a corrupted electoral machine back into shape.

How could this not be interesting? We'll have more details for you soonest.

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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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This sounds like very good news for those of us wh... by Christie on Friday, Aug 25, 2006 at 6:24:08 PM
cases that end up getting published. Although tria... by Mark E. Smith on Friday, Aug 25, 2006 at 8:27:23 PM
The above comment was written by attorney Paul Leh... by Mark E. Smith on Friday, Aug 25, 2006 at 11:31:36 PM
It might be useful to remember the state of play i... by Freedem on Saturday, Aug 26, 2006 at 9:11:21 AM