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Tech by Tech
August 31, 2006
in News, SDNews
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Court drops 50th Congressional lawsuit
A Superior Court judge dropped a lawsuit brought by CA 50 Action Committee over the accuracy of the 50th district congressional elections, claiming that he did not have jurisdiction over the matter.
On Tuesday, Aug. 29, San Diego Superior Court Judge Yuri Hoffman ruled that according to Article One, Section Five of the constitution, the House of Representatives has exclusive jurisdiction over election disputes.
The action committee had called for a recount of the ballots, claiming that San Diego County Registrar of Voters Mikel Haas improperly conducted the election by sending at-risk voting machines home with poll workers for days before the election.
According to David King, attorney for 50th District Congressman Brian Bilbray, congressional candidates could have contested the election results before the House of Representatives at any time. They also could have required an administrative recount, which they have not done, King said. No one contested because the election wasn’t in dispute, King said.
According to Paul Lehto, attorney for the action committee, Hoffman’s ruling shows how democracy was thwarted in the election. According to Lehto, the House of Representatives hastily affirmed Bilbray before all the votes were counted and before the election was officially certified. Bilbray was sworn in on June 13, while Haas didn’t certify the election until June 29, Lehto said.
“It’s wrong to end the election before it’s over,” Lehto said. “It’s like terminating a baseball game three innings before the end of the game and saying that we were up a couple of runs anyway so we probably would have won.”
Bilbray also brought an Anti-SLAPP motion before the judge, claiming that the lawsuit was frivolous and impeded his first amendment right to run for office. Bilbray has yet to decide whether to demand that the plaintiffs pay his attorney fees.
Hoffman’s ruling has invigorated the action committee to continue the fight. The committee is considering an appeal or filing a new lawsuit.

REI boosts Rose Canyon education, conservation
A $5,000 grant will boost activities in Rose Canyon, such as nature walks, restoration programs, Boy Scout projects and wildlife viewings.
REI, a major chain specializing in outdoor equipment, with a store on Copley Drive, awarded the grant to Friends of Rose Canyon. The retail store gave out six other similar grants to other organizations in San Diego this year.
The money went towards Rose Canyon because “it’s one of the only remaining greenbelt areas that stretches across the city of San Diego,” said Jim Peirce, supervisor at the Copley Drive REI store.
REI chooses its grant recipients from organizations that REI employees volunteer with. REI sent work parties to pull invasive plants from Rose Canyon on three occasions this year.
“They sent 35 people in April. In two hours, they did an amazing amount of restoration work,” said Debby Knight of Friends of Rose Canyon. “They got rid of invasive honeysuckle that might have taken a year to get rid of.”
Knight said that funds will largely go toward outreach, recruiting new members, creating a brochure and supporting the nature walks.
The nonprofit will also show rescued animals that live in Rose Canyon but are too frail to be released.
“They’re kind of adopting Rose Canyon,” Knight said of REI.
For more information, e-mail [email protected].

City announces Labor Day trash pickups
Waste Management announced that curbside pickup for trash and recyclables will be delayed by one day throughout the week of Sept. 4 in observance of Labor Day.
Trash and recyclables pickup will begin on Tuesday, Sept. 5, through Saturday, Sept. 9.
Business commercial trash and recycling services will not be affected by the holiday.

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