San Diego judge dismisses Busby/Bilbray contest

Finds Rushed Swearing in of Presumed Winner Bilbray by U.S. House – Just 7 Days After Election and 16 Days Before Certification – Transferred Power to Decide Election Outcome to Congress
California Voters, Courts Left Powerless to Challenge Illegally Administered Election According to Ruling

A judge in the San Diego challenge to the Francine Busby/Brian Bilbray U.S. House Special Election in California’s 50th Congressional District has found in favor of the defendents motion to dismiss the case based on jurisdictional grounds, The BRAD BLOG has learned.

We have covered the defendants argument, that the swearing in of Bilbray just seven days after the election, and a full 16 days prior to certification by San Diego County, transferred power to decide any election challenges from the California courts to the U.S. House of Representatives. Those arguments are discussed in detail in several previous BRAD BLOG articles (here, here, here and here.)

We will have extended comments from Lehto here shortly…

The defendants attempts to force plaintiffs to cover the cost of attorneys fees (a so-called “SLAPP back” motion) was denied by Judge Yuri Hofmann based on the same jurisdicational arguments used to dismiss the case, according to the plaintiff’s attorney, Paul Lehto. Since the California court has no jurisdication to adjudicate an election contest for a California U.S. House election, it also has no jurisidiction to find against plaintiffs in the “SLAPP back” motion, says Lehto. is now collecting donations to help defray the cost of an appeal of this ruling.

Hofmann’s tentative ruling, which is now the final ruling as of this afternoon, is posted in full at the URL belowÅ 



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