CA 50: Judge To Rule Next Tues On Constitutional & Jurisdictional Question

[kpete]

San Diego suit’s second hearing: Judge to rule next Tuesday on constitutional and jurisdictional questions
by Rady Ananda
August 25, 2006

The San Diego citizens who are suing for transparency and accountability in elections witnessed the second hearing in this matter before the Honorable Judge Yuri Hofmann in the San Diego County Superior Court.

From the courthouse by cell phone Contestant Barbara Gail Jacobsen reported, “Paul Lehto and Ken Simpkins represented us very well today in court. ‘We the People of this country decide on who is going to represent us, and it’s through making sure that our elections are sound that we can know for sure that we have elected people that we want to transfer power to.’” (Quote posted by Emily Levy at http://www.bradblog.com/?p=3328)

Earlier this year, San Diego voters discovered these easily hackable, electronic voting machines were sent home with poll workers on “sleepovers” prior to the June 6th Special Election, violating state and federal laws. Ironically, the election was held to fill the 50th Congressional District seat made vacant by the felony conviction of Republican Randy “Duke” Cunningham.

Machine sleepovers weren’t the only problems faced by concerned citizens. Registrar of Voters Mikel Haas resisted public records requests, refusing to turn over information, and charged $150,000 to recount 164,000 votes. To give this perspective, Ohioans paid $113,000 to recount 5½ million votes in 2004.

Reaching that place of “I can’t take it anymore,” San Diego citizens sued on July 30th, one day after the election was certified. Contestants Gail Jacobson and Lillian Ritt seek a hand count of all the ballots, all documents necessary to validate the results, a reasonable charge for the recount set by the Court, attorneys’ fees and costs of litigation, and anything else the Court deems proper.

Below is a brief timeline of events:

• June 6, 2006 Special Election held
• June 13th, Brian Bilbray was sworn into Congress in Washington, D.C.
• June 29th, Registrar of Voters Mikel Haas certified the election results
• July 30th, Contestants filed suit
• August 11th, First hearing in court: Briefing and trial schedule is set by the court
• August 22nd, Defendants filed a Motion to Dismiss
• August 24th, Contestants filed Opposition to Motion to Dismiss
• August 25th, Second Hearing held
• August 29th, Court to rule on Constitutional and Jurisdictional Issues

more at:
http://www.freepress.org/departments/display/19/2006/2128

[Land Shark]

1. Thanks for posting this, here's another local news link

<http://www.nctimes.com/articles/2006/08/26/news/top_stories/21_14_458_25_06.txt> (this paper was not there at the oral arguments personally, and didn't have the briefs either. This article adds the element that Bilbray is apparently claiming that the SOS McPherson suggested that Bilbray appeared to be headed toward a certified win, so seemingly Bilbray thinks that adding a third Republican to the mix in the form of SOS McPherson, (in addition to Rep. appointee Haas and Bilbray himself) will make it all OK)

They also say the Union Tribune covered it on page 4 of the local section but I'm not finding that on the internet site www.uniontrib.com. There's also bradblog.com coverage.

[robinlynne]

2. Good, I hope Mcpherson joins the fray, so we can take him down right after

Haas and Bilbray....
(sorry I'm a bit angry at the unmitigated gall...)