From Michael Collins:
Tuesday was a bad day in San Diego and all over the country for free & fair electoins. Superior Court Judge Yuri Hoffman made a stunning decision. He ruled that once the Speaker of the House of Representatives swears in a member of the House, any subsequent vote counting, recounting, or instances of fraud are irrelevant…the election is OVER.
It didn’t matter that poll workers took Diebolds home for days at a time unsupervised; it didn’t matter that 50% of the ballots were misallocated in nonsensical precincts (74,000 ballots); it didn’t matter that a recount had been requested but priced at six times the rate of neighboring Orange County; and it didn’t matter that the ballots were counted in secret. All that mattered was that the Speaker spoke.
And a special for California residents, according to the congressional Digest for June 13, Speaker Hastert swore in Republican Brian Bilbray only after receiving notice that Bilbray was “elected in Congress” from the California Secretary of State’s office.
Democracy was denied but the truth was told. There is a very low regard for elections and voters when the convenience of the ruling party is at stake. I hope you spread the word by getting this article out. Click on “Print” at the main “Scoop” link or use this version where the links are clearly marked.
The voting rights movement has a long history of struggles, defeats, and ultimate victories. We will move on but this must be challenged. It is totally unacceptable. Read why…
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Democracy Denied: Meet the New Boss
Thursday, 31 August 2006, 10:28 am
Opinion: Michael Collins
Pre-Certification Swearing in by Hastert
Terminates All State Legal Authority Over Elections
The People’s House is now the Speaker’s House.
“If they can do that, they can do anything. Why even have an election? They could just swear in whoever they want because the election need not be final.”
– Paul Lehto, Attorney for Plaintiffs Aug. 25, 2006
By Michael Collins
Scoop Independent News
San Diego Superior Court Judge Yuri Hofmann rendered his decision in the election challenge in California’s 50th Congressional District. He dismissed the request for a recount and for discovery of the facts of the Busby-Bilbray election stating specifically that “Once the House asserts exclusive jurisdiction and selects a candidate, the court no longer has jurisdiction” (emphasis added). The judge argued that the June 13 swearing in alone was sufficient to establish Bilbray’s “election.” The event had the power to take away any and all citizen rights and immediately rescind authority over their own elections.
Requests for a recount resulting from major problems with the election were deemed insufficient and the rights of voters to due process were cast aside in deference to Speaker Hastert or any future Speaker. The induction of Republican Bilbray was just seven days after the election and a full 17 days before the election was officially certified by the San Diego Registrar.