Got email from Common Cause that Jeb plans to Swear in Buchanan in D13 tomorrow morning

[philb]

Common Cause is planning a protest at the Capital at 8:30 am Monday morning in Tallahassee.
CC says that there are clear problems with the election results that haven't been resolved and no decision should be
made on a winner until the full audit is carried out.

[EFerrari]

1. Maybe he'll be struck by lightening and we can relax about 2008.

:mad:

[philb]

2. The state's planned audit hasn't been completed; so how could they be declaring a winner already?

Here is the audit plan on another thread
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x459559

Anyone heard anything about whats going on? The email alert that I got from CC didn't have much details.

[Atman]

3. You must have missed the Busby-Bilbray election in California

This is EXACTLY what they did, and the courts ruled they were powerless to interfere once election results have been certified and the candidate sworn in. They have no constitutional power to remove an elected official from office, and the republicans figured this out. So the end game is to declare the winner quickly before any audit or challenge can be completed. Remember, we're dealing with cheating scumbags here. They have no moral compass.

.

[philb]

4. There has to be a way to prevent that- else the law should be changed posthaste

Doesn't the new Congress decide who to seat to a Congressional Seat in a disputed election?

[Davis_X_Machina]

5. The House is by the Constitution the final arbiter of whom it seats.

And the House will have a Democratic majority in January.

[philb]

8. So the new house will decide? not the current one?

[Davis_X_Machina]

9. Yes.

One Congress cannot bind the hands of another in this regard. When the 109th Congress goes out of business next month, that's all she wrote. The 110th will hear any disputes.

Article I, Section 5, Clause 1 of the United States Constitution states: “Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members. . . .”

[troubleinwinter]

6. ???? How can a governor swear in a US congressmember?

[philb]

7. Perhaps its that the SOS has certified the winner and the certified winners are being annouced

rather than swearing in; I suspect that you are right.
Anyway something of that nature appears to be happening and a protest is planned at 8:30 am at the Capital.

someone from Calif. said this is essentially the same thing, per their understanding.
that the results can't be reversed after winners are certified.

But i'm not sure of that. I think Congress can hear cases of disputed elections.
anyone know about this?

[troubleinwinter]

10. What happened in CA was

that Hastert swore in the republican candidate EVEN BEFORE the vote was certified by either the county or the SoS.

Davis_X_Machina, in posts #5 and #9 explains the situation well.

Perhaps you can post the content of the email you received? Nothing like that appears on their website. It would be interesting to know exactly what is being said.

[philb]

11. I thought you said that the new Congress decides who the winner is?

[philb]

12. Here's the Common Cause alert

At 8:30 Monday morning at the state capitol, Governor Bush will meet with two of his cabinet members and the Secretary of State to certify the 2006 Florida elections, including the controversial Congressional election in Sarasota.

Join me in the Rotunda at the State Capitol at 8:30 Monday morning to send a message: We won’t take it anymore. We demand that the election in Congressional District 13 be fully and independently investigated.

We think this is an outrage. The election for U.S. House in Florida’s District 13 is still an open question. While the two candidates’ tallies are only about 400 votes apart, we know that more than 18,000 citizens who voted in that district did not have their vote for U.S. House of Representatives counted.

Approximately 16% of the people who cast votes on the iVotronic electronic voting machines didn’t have a vote counted for that Congressional race. Statisticians tell us that such a large percentage of “undervotes” is unheard of.

There’s no need for the State Canvassing Board (that’s the governor and two of his chosen cabinet members) to rush to certification. The new congress won’t start until after the first of the year. There’s even plenty of time for a revote.

So, please, start your Thanksgiving week off with a short stop at the state house first thing at 8:30 Monday morning. I’ll be there to hand out Common Cause buttons. Join me in standing up to make a point for Florida’s democracy.

[rumpel]

15. sounds like we need another Boxer revolution.

The CA-50:
Bilbray was, what I would call, pre-certified by an aide to the CA SOS, who faxed Hastert a preliminary result.Upon which Hastert swore Bilbray into congress.
If the FL State certifies the election, I believe Congress will take over the qualifications questions of "their members".
Albeit, there was another case in AZ, I believe where a (R) candidate in the primaries argued in court, and lost for the same jurisdictional issues. I believe the legislative branch is not all that clear about it either.

What a kangaroo state government...

FL you can not have them step on your rights like that! Protest - get the media attention!

on edit: I must be tired - can not get my sentences straight...

[Davis_X_Machina]

13. Bilbray v. Busby round I was a special election...

...to fill a vacancy in the already-extant 109th Congress.

[PeterPan]

14. certifying the vote totals is not 'swearing in'

The new membership of congress will be sworn in in January. Once the vote is certified, the election can be contested - as it will be.