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Reply #17: "Meet the New Boss" samd as the old boss. Heller employed Lapsley (below ) [View All]

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autorank Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-02-06 04:56 PM
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17. "Meet the New Boss" samd as the old boss. Heller employed Lapsley (below )
Election Nullification II: Speaker of House had Special Source for Election Certification

California Assistant Secretary of State for Elections Tells House Clerk, its all good!

By Michael Collins
Scoop Independent News
Washington, DC


Link (click on Print icon for easy view of links) http://www.scoop.co.nz/stories/HL0608/S00338.htm

What would you think if you heard that a Member of Congress was sworn in prior to the official certification of his hotly contested and controversial election?

Would it matter to which political party the Member of Congress belonged?


On August 25, 2006, "Scoop" revealed that there was something very wrong with Brian Bilbrays swearing in as a member of the U.S. House of Representatives. Republican Bilbray allegedly defeated Francine Busby in a close and controversial special election in Californias 50th Congressional District. There were immediate cries of foul and demands for both an investigation and a recount. The problems were well publicized before the swearing in.

Nevertheless, this sequence emerged:

June 6 - unofficial results announced with Bilbray over Busby by a few thousand votes, followed by immediate public protests;
June 13 - Speaker Hastert swears in Republican Bilbray on the House floor and Bilbray becomes a Member of Congress; and,
June 30, 2006 - 17 days after Bilbray was sworn in as a member of the House, Mikel Haas, Registrar of San Diego County, officially completed the audit of election results required for certification, and officially certifies the election of Bilbray over Busby based on 163,931 total votes.

The problem with the sequence is simple to spot. The swearing in of Bilbray occurred a full 17 days before the election became official as a result of the San Diego Registrars certification of results. The question raised in the previous article was, how could Speaker Hastert swear in Bilbray without notification that the election results were official? We have an answer.

Speaker Hasterts Special Source on Certification

The swearing in ceremony for Republican Brian Bilbray, alleged winner of the California 50th District special election on June 6, 2006, was tucked in between actions to commend Canada for its renewed commitment to the war on terror. The Congressional Digest for that day contains a remarkable revelation; the source that the Speaker of the House used to justify the official induction of Bilbray.

Oath of Office--Fiftieth Congressional District of California: Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California. Here (statement only) or here (full record) (see aricle in "Scoop" for links)


Bilbray, it would now seem, was not sworn in without forethought, as though there were no issues involved. Somehow, the Clerk of the U.S. House of Representatives received notification from Republican Bruce McPhersons Assistant Secretary that Bilbray was elected Representative in Congress.

This may come as news to the legal team fighting the recount in San Diego Superior Court. They have asserted that the recount is irrelevant because Federal authority supersedes state authority as a result of the June 13th swearing in of Bilbray. This logic was confirmed in a letter to San Diego Superior Court by Paul Vonivich , counsel for the House Committee on Administration. In that letter, he acknowledges the sequence of events and asserts that the swearing in makes moot any recount based on superior federal authority in congressional elections.

Now we find out that that swearing in was based on the confirmation provided by a state government official. This strongly implies that the Congress actually recognized state authority to determine that the election outcome was official.
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