Let me preface this with a statement. I am not an attorney. I'm just a retired "knuckle dragger" (marine machinist). While I'm not an academic I do have the ability to read something and know what it says especially when it is written in clear English. I've also got a bit more common sense than most academics because I've had to exercise it throughout my life.

Any reader of The BRAD BLOG is familiar with the court decision from San Diego County. Essentially the judge ruled that he did not have jurisdiction in an election contest of the Busby/Bilbray CA50 U.S. House Special Election because Bilbray was already sworn in as a member of Congress and the US Constitution gives the Legislative Branch jurisdiction over elections of their members.

Today's Nevada Appeal has an article regarding a court challenge that stemmed from problems in the GOP primary election for Congress. That race between Dean Heller, present Secretary of State, and Sharron Angle, was closely contested and Ms. Angle filed the challenge based on what she thought to be possibly illegal practices in Washoe County.

But then they played the Busby/Bilbray 'Constitutional Jurisdiction' card. Just as in Busby/Bilbray...

Guest blogged by Winter Patriot

According to usually reliable sources, Congressman Tom Feeney (R-FL) flexed enough muscle on Monday night to have his potential November opponent, Clint Curtis, evicted from what was supposed to be a public meeting.

The meeting, at the Republican Club of North Brevard, in Titusville, FL, featured Feeney as a speaker. Curtis was sitting quietly in the audience when Feeney noticed him there. At that point, according to our sources, Feeney immediately turned bright red and started whispering to some of the people near him.

One of those people raised a point of order and pointed out that there was a Democrat in the room. She said she wanted him to leave because this was a Republican meeting and she did not feel it was appropriate to have a Democrat in the audience.

The chair said that perhaps Democratic members of the audience would be converted to Republicans. When others objected to Curtis' presence at the meeting, the chair informed them that it was an open meeting and the rules required that Curtis be allowed to stay.

Guest blogged by Winter Patriot

Word just in! Francine Busby will be on the radio with Peter B. Collins beginning at 8:15pm Eastern time. That's 7:15 Central, 6:15 Mountain and 5:15 Pacific, of course.

If you're in (or near) Monterey, Sacramento, Eureka or Phoenix, you can listen via broadcast radio.Otherwise your only option is a streaming webcast.

Either way, click here for more details.

UPDATE: A recording of Francine Busby's interview with Peter B. Collins is now available. Click here to download it (MP3).

We now have a transcript, courtesy of Emily Levy. That's below the fold.

We're also trying to get the audio for Busby's appearance on The Stacy Taylor Show on KLSD this morning, too. Will post it when/if we get it.

Blogged by Brad from the road...

"It's outrageous," says Francine Busby, "that this judge just said the state of California doesn't have jurisdiction over our own elections, over this election."

Busby's remarks, in a report today by William Finn Bennett in the North County Times, were a suprising departure from her previously guarded stance concerning the challenge of the June 6th U.S. House Special Election between herself and Brian Bilbray.

"What happened today should be of concern to all voters," Busby reportedly said.

Bennett's coverage of yesterday's debacle in the San Diego County courtroom where Judge Yuri Hoffman dismissed the election contest in support of the defendants' arguments that the U.S. House, not the voters or courts of California, have jurisdication to adjudicate election challenges after the House has already seated a member, is quite good. Indeed, it was a refreshing departure from previous sloppy, sometimes wholly inaccurate and occassionally entirely partisan North County Times reports and commentary on the case (see this embarrasing commentary from Jim Trageser for the most egregious.)

Bennett's report today, on the other hand, quite fairly describes the court's atrocious decision which we reported on in detail yesterday. Here's a sample from his coverage...

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 defendants' 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 --- effectively 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.)

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 jurisdictional arguments used to dismiss the case, according to the plaintiffs' attorney, Paul Lehto. Since the California court has no jurisdiction to adjudicate an election contest for a California U.S. House election, according to the court's opinion, it also has no jurisdiction to find against plaintiffs in the "SLAPP back" motion, explained Lehto.

VelvetRevolution.us is now collecting donations to help defray the cost of an appeal of this ruling.

Extended EXCLUSIVE comments on the judge's ruling today, from attorney Paul Lehto are below, followed by Hofmann's ruling in its entirety...

Guest blogged by Winter Patriot

Judge Yuri Hofmann of the California Superior Court is expected to rule this afternoon on the arguments presented Friday.

The plaintiffs in the CA50 Election Contest are asking for a manual count of ballots from the June 6th House special election, which was held to replace former Republican Congressman Randy "Duke" Cunningham, who resigned after being unable to contain the fallout from a major bribery scandal.

The defendants are arguing that California no longer has any jurisdiction over the election since the Republican U.S. House went ahead and swore in Brian Bilbray just 7 days after the election, with thousands of votes still uncounted, and certification still several weeks away...

Guest blogged by Emily Levy

You know by now that Brian Bilbray was sworn in as Congressional Representative before the June 6 election in San Diego County, CA was certified. You might even remember reading on The BRAD BLOG that the official swearing in was preceded by a public "mock" swearing in. You learned last week that this premature act is now being used by the defendants in the Busby/Bilbray election contest as an attempt to nullify the election in California's 50th district. But today (drum roll please) Michael Collins of Scoop Independent News reveals that it was Assistant California SoS Susan Lapsley (seen in photo) who provided the election results to the House.

Collins points us to the Congressional Digest...

Blogged by Brad from the road...

In addition to Emily Levy's coverage here on Friday night, and Winter Patriot's coverage last Thursday (which includes actual briefs and letters filed in the case), Miriam Raftery filed a superb summation at RAW STORY today of where the Busby/Bilbray CA50 Election Contest stands as of last Friday's hearing. She includes several details which the Guest Bloggers here hadn't previously touched on --- including details on the defendants' attempts at a frivolous "SLAPP suit" against the plaintiffs --- so we recommend giving her piece a quick read.

The Judge on the case in San Diego, Yuri Hofmann, is to decide tomorrow on the defense's argument that the case should be tossed out on jurisdictional grounds because, they argue, the Constitution gives the U.S. Congress --- not California voters or California courts --- the right to ultimately adjudicate such election challenges...even before, as in this case, the election was actually certified by the county or the state. No, seriously, that's what Brian Bilbray's attorneys are actually arguing. Out loud.

Blogged quickly from the road by Brad...

I had to check in briefly for this one! Even while "out here" and still unable to do very much "in here". And especially with the Florida primary elections set for next Tuesday, September 5th.

The Daytona Beach News-Journal has endorsed Clint Curtis for next Tuesday's election over his primary candidate Dr. Andy Michaud who has shown up at almost ZERO campaign events over the last several weeks. He even failed to show up for a televised debate a week or two ago.

The News-Journal's full endorsement is fairly well done. They quickly cover Curtis' allegations (broken originally by The BRAD BLOG back in December of 2004) that Rep. Tom Feeney (R-FL) --- then the Speaker of the Florida House even while he was the registered lobbyist for the same computer firm Curtis worked at --- asked Curtis to create a computer vote-rigging prototype program back in 2000. Curtis now hopes to unseat the corrupt Feeney this November.

The last two grafs of their endorsement...

As The BRAD BLOG has covered the Curtis/Feeney claims extensively over the past two years (a quick summary of his story is here) and has yet to find a hole in Curtis' story --- though we have found one after another in Feeney's considerable dodges and dances and smears and refusal to take a polygraph test (as Curtis did and passed!) --- we join the News-Journal in heartily endorsing Curtis in the upcoming election.

Given Feeney's huge money advantage, we also recommend you support clean elections by supporting Clint Curtis with a donation if you can afford it. Feeney, who was/is a huge supporter of Tom DeLay's, "Duke" Cunningham and Bob Ney, will have plenty of money, of course, as he's the only Congressman left in the House who went to Scotland to play golf on Jack Abramoff's dime now that DeLay and Ney have had no choice but to move on.

Guest bloged by Emily Levy

Judge Yuri Hofmann announced in his San Diego courtroom today that he will take the constitutional and jurisdictional matters of the CA-50 election challenge case under advisement and issue a ruling next Tuesday, August 29.

The first item up for consideration today in the election contest filed by Attorneys Paul Lehto and Ken Simpkins on behalf of two San Diego voters (and truly on behalf of all of us) was a defense motion for dismissal. Defense claimed that the San Diego court has no jurisdiction in this matter because the Constitution says, “Each House shall be the judge of the elections, returns and qualifications of its own members…” (Article I, Section 5). In other words, The House of Representatives gets to pick its members. (Who really needs elections, anyway?)

Lehto, in response, argued--as outlined here--that if the court has no jurisdiction, then Registrar of Voters Mikel Haas also had no jurisdiction to certify the election, given that certification happened after Bilbray was sworn in. (Yes, you heard that right.)

The defendants also argued that the court has no jurisdiction because plaintiffs had abandoned their recount efforts. According to Lehto, the request for a recount was filed properly within five days of certification of the election. Lehto says, "Jurisdiction was created by filing. That's all the statute says. There is no abandonment rule."

The judge is expected to rule on both the constitutional and jurisdictional issues on Tuesday.

From the courthouse by cell phone plaintiff Barbara Gail Jacobsen reported, "Paul Lehto and Ken Simpkins represented us very well today in court. Lehto said it's invading the sovereignty of the State if someone swoops in and swears the person in and then says there’s nothing you can do. I thought he made some very good arguments about upholding checks and balances in our system and standing up for the right of the people to make sure that elections are accountable. 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. In this particular case what Paul Lehto was trying to say is that the people's right to know if the election was properly carried out is being blindfolded and taken away by the other side."

We can only hope that before Tuesday Judge Hofmann will have the opportunity to read the rest of the Constitution. It could be enlightening.

Donations are still needed for the lawsuit and other efforts in California’s 50th District to fight the illegal June 6 election. For more information, go to nosleepovers.org.

UPDATE: We have another report of the day's proceedings, this one from Judy Hess of CA 50 Action Committee:

Guest blogged by Winter Patriot

UPDATE: We have a live update from the courthouse. You can see it at the bottom of this post

We haven't been covering the CA50 Election Mess as often as in the recent past --- while Brad's been on the road and otherwise occupied --- but we have been keeping our ears to the ground, so to speak. (Yes, they get dirty, but so what? We can hear things coming before they happen. It's cool; you should try it.)

My friends, we have been hearing distant rumblings of great power. To get you up to speed quickly...

The CA50 U.S. House special election between Francine Busby and Brian Bilbray was held on June 6, on illegal Diebold voting machines as has been reported here many times. (Click here for a good recent summary of the situation.) On June 13, Bilbray was quickly sworn in to the House of Representatives while thousands of votes were still being counted back in San Diego. (This surprised and angered many voters, especially since a poll taken three weeks before the election showed Busby ahead by 7%.) On June 29, the election was finally certified --- in favor of Bilbray --- by the Registrar of Voters Mikel Haas.

The election was contested on July 29 after Haas refused to allow for a hand count of the ballots, as allowed by California state law. And on August 22, defendants filed a brief in the case to dismiss, stating that because Bilbray has already been sworn in (by the Republican House of Representatives,) the California 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 an email sent to The BRAD BLOG this evening from attorney Paul Lehto...

So there you have it. This is the stick with which Paul Lehto is trying to beat a corrupted electoral machine back into shape.

Here's Lehto's brief responding to the absurd position [PDF] taken by the defendants in this case.

The judge is set to give his decision on the jurisdictional matter Friday, determining whether or not the case will be tossed out based on the argument of the defendants. The court hearing on this matter begins at 1:30 p.m. Pacific time in San Diego.

UPDATE... Michael Collins at Scoop has more. And now, so do we --- below the fold...

Guest Blogged by Joy & Todd Williams

Representative John Conyers (bio) has served in the U.S. House of Representatives for over 20 terms, having represented the 14th Congressional District in Detroit since 1964. For all those years he has fought for our democracy. From his website: “In his role on the Judiciary Committee, Representative Conyers has introduced and endorsed legislation to advance civil liberties, ensure equal protection and access to the voting booth and combat violence against women.”

In July of last year he led a citizens' movement to deliver 500,000 signed petitions to the White House which questioned George Bush about his attempt to “fix the facts around the policy” as revealed in the infamous “Downing Street Memo”. This “fixing of the facts” eventually led to the U.S. invasion and occupation of Iraq.

Additionally, he held hearings about the Ohio voting irregularities during 2004, and published What Went Wrong in Ohio which enumerates most of the irregularities and abuse of the election process in that state. He has now published a new book, Constitution in Crisis, which documents the Bush administration’s violations of the Constitution in over 26 different categories, and in many cases multiple violations within each category.

You can support Representative Conyers' Campaign here as he will become the chair of the powerful U.S. House Judiciary Committee if the Democrats, by some fluke of nature, take the majority this November.

I had the pleasure of interviewing him a couple of weeks ago while he was en route to the airport to return to his constituents during the Congressional break. He’s a very gracious, experienced and thoughtful representative of the 14th district and for all Democrats everywhere.

Our exclusive interview with the good congressman follows...

Blogged by Brad from the road...

As The BRAD BLOG reported two days ago, a new Zogby poll has revealed that a stunning 92% of Americans want their vote counted transparently and not by secret vote counting machines. That overwhelming majority crosses all political, social, religious and economic demographics.

Today, Zogby has released their official statement and numbers from the poll. Their statement quotes attorney Paul Lehto, who is busy fighting the election contest down in San Diego's Busby/Bilbray CA50 challenge in which voting machines, using secret software to count the results of that election, were compromised when they were sent home with poll workers on overnight "sleepovers" for days and weeks prior to the election, as we have been reporting since that special U.S. House election on June 6th.

Here's a quick snippet from Zogby's official release...

The survey also says that some 60% of respondents "have heard news reports of flaws in new electronic voting equipment." So I guess someone is doing the job of getting this information out to the American people.

Apparently the news hasn't yet reached the DNC, however. More on that, and my personal experiences addressing folks at the DNC's annual gathering last weekend, in a report to come shortly today...

UPDATE from WP: Zogby has released more data in a PDF format. Just click here. There's a press release for Zogby too, and it's here.

Blogged by Brad from the road...

As has been his practice over the last several months, the primary election opponent to vote-rigging whistleblower turned congressional candidate Clint Curtis was a no-show in a recent televised debate.

Curtis spoke about election fraud (vis a vis Tom Feeney), the Iraq War and the price of gas. Needless to say, he won the "debate" hands down.

With his primary election opponent, Dr. Andy Michaud, failing to appear at events across Florida's 24th Congressional District, does this mean the good Doctor is giving up? Or is there something going on that we don't know about?

The primary is September 5th. Should Clint win, he'll be going mano-a-mano against the well-monied and impossibly corrupt Rep. Tom Feeney --- the very man he claims had asked him to create vote-rigging software back when they both worked at the same software firm (even while Feeney was Speaker of the Florida State House of Representatives.)

For the record, Feeney is now the only Republican congressman who was with lobbyist Jack Abramoff on those golfing junkets to Scotland, now that both Tom DeLay and Bob Ney have dropped out of this November's election. Feel free to donate to Clint Curtis as he takes on Feeney, one of the GOP's top-tier money behemoths!

Guest blogged by Winter Patriot

Ginny Ross, one of our friends from the Election Defense Alliance, has posted the video of the beginning of the press conference from DemocracyFest last month in San Diego as the Busby/Bilbray election challenge (due to voting machine "sleepovers" with pollworkers) was just coming to light. Some of us have been anxious to see this ever since Ginny told us she was working on it. And rightly so. The video is a good one. Just click on the picture to see it.

For more on the press conference, please revisit Brad's post of July 18th.

You're more than welcome to disagree with me on this, but I'd say he did a fine job. Then again, what do I know? I'm partially frozen at the best of times.