Superior Court Judge Yuri Hoffman won’t hear an election challenge filed by two voters seeking an invalidation or recount of the June election between Rep. Brian Bilbray and Francine Busby.

Finding that the U.S. House of Representatives has jurisdiction over the matter, Superior Court Judge Yuri Hoffman today confirmed a tentative ruling issued yesterday and dismissed a challenge of the June 6 special election, said David King, Bilbray’s attorney.

On Friday, attorneys for the defendants, Bilbray and Registrar of Voters Mikel Haas, argued that Hoffman lacked the authority to invalidate the election because the House had already sworn Bilbray in.

Kenneth Simpkins, an attorney for the plaintiffs, said his clients are considering filing an appeal as well as taking other actions, which he refused to discuss.

“We’re definitely not done with the case,” Simpkins said. “The issue is still alive and we intend to keep it alive.”


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