Paul Lehto, a nationally prominent election law attorney representing two voters who filed the suit, called the motion an “invitation to the Court to ratify a seizure of power” that amounts to “invading the sovereignty of a state.”
Republican Brian Bilbray was sworn into Congress just seven days after a special election against Democrat Francine Busby – before all ballots were counted and a full 16 days before the election was certified. On Friday, attorneys David King and Jim Chapin (representing Bilbray and San Diego Registrar of Voters Mikel Haas) argued that a lawsuit brought by two voters should be dismissed because only Congress has the power to seat or unseat its members. (See previous RAW STORY coverage of this case.)...
Lehto countered that defendants were making a “power play” and noted that swearing Bilbray in as a member of Congress may constitute a record for speed. Normally, swearing in occurs 30-45 days after an election – and after certification by local election officials.