Jacobson v. Bilbray
On June 6, 2006, an election was held to fill the remaining six-month term for the 50th Congressional District of the United States House of Representatives (the House) that became vacant following the resignation of Representative Randy Cunningham. On June 13, 2006, after Brian P. Bilbray received an apparent plurality of the votes cast and his closest opponent conceded, by unanimous consent of the members of the House Bilbray was sworn in and admitted as a member of the House.
On appeal, contestants assert that neither article I, section 5 of the United States Constitution nor the federal statutory law (which permits an election contest challenging the election by a losing candidate) deprives a state court of jurisdiction to entertain an election contest by a voter seeking to "declare elected" a candidate and to annul a certificate of election previously issued to a candidate.
The trial court properly dismissed the action because it involved resolution of a political question, requested relief beyond the jurisdiction of the court to grant and sought an advisory opinion. Court affirm the judgment of the trial court
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