Court told votes don't have to be counted, certified
Miriam Raftery
Published: Monday August 28, 2006
San Diego, CA -- A motion to dismiss a congressional election challenge in California took on national implications last week when defense attorneys argued that no court has jurisdiction to intervene in an election after Congress has sworn in a member, RAW STORY has learned.
Superior Court Judge Yuri Hofmann heard arguments Friday on a motion to dismiss the election challenge lawsuit filed by voters seeking a full hand recount in California’s 50th Congressional district.
Paul Lehto, a nationally prominent election law attorney representing two voters who filed the suit, called the motion an “invitation to the Court to ratify a seizure of power” that amounts to “invading the sovereignty of a state.”
Republican Brian Bilbray was sworn into Congress just seven days after a special election against Democrat Francine Busby – before all ballots were counted and a full 16 days before the election was certified. On Friday, attorneys David King and Jim Chapin (representing Bilbray and San Diego Registrar of Voters Mikel Haas) argued that a lawsuit brought by two voters should be dismissed because only Congress has the power to seat or unseat its members. (See previous RAW STORY coverage of this case.)
Link Here
Published: Monday August 28, 2006
San Diego, CA -- A motion to dismiss a congressional election challenge in California took on national implications last week when defense attorneys argued that no court has jurisdiction to intervene in an election after Congress has sworn in a member, RAW STORY has learned.
Superior Court Judge Yuri Hofmann heard arguments Friday on a motion to dismiss the election challenge lawsuit filed by voters seeking a full hand recount in California’s 50th Congressional district.
Paul Lehto, a nationally prominent election law attorney representing two voters who filed the suit, called the motion an “invitation to the Court to ratify a seizure of power” that amounts to “invading the sovereignty of a state.”
Republican Brian Bilbray was sworn into Congress just seven days after a special election against Democrat Francine Busby – before all ballots were counted and a full 16 days before the election was certified. On Friday, attorneys David King and Jim Chapin (representing Bilbray and San Diego Registrar of Voters Mikel Haas) argued that a lawsuit brought by two voters should be dismissed because only Congress has the power to seat or unseat its members. (See previous RAW STORY coverage of this case.)
Link Here
0 Comments:
Post a Comment
<< Home