California 50th Congressional District Special Election, 2006
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A special election was held in California's 50th congressional district to choose a new member of the
U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
to fill the vacancy caused by the resignation of Republican Randy Cunningham, who resigned November 28, 2005 after pleading guilty to
bribery Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
,
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
, mail fraud, and
tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxp ...
charges. (On March 3, 2006, he was sentenced to eight years and four months in
federal prison A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law (U.S., Mexico), inmates considered dangerous (Brazil), or those s ...
). The special
primary election Primary elections, or direct primary are a voting process by which voters can indicate their preference for their party's candidate, or a candidate in general, in an upcoming general election, local election, or by-election. Depending on the ...
was held on April 11, 2006. A candidate who received a majority of the vote would have served out the rest of Cunningham's term. As no candidate won a simple majority, the top vote-getters in each party,
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
Francine Busby Francine Pocino Busby (born March 3, 1951) is a former member of the school board in Cardiff, California and was the chair of the San Diego County Democratic Party. She has four times been the Democratic candidate for Congress in California's 50th ...
and Republican
Brian Bilbray Brian Phillip Bilbray (born January 28, 1951) is an American Republican politician who represented parts of San Diego County in the U.S. House of Representatives from 1995 to 2001 and again from 2006 to 2013. Bilbray was Chairman of the House ...
, competed in a runoff special
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
held on June 6, 2006, the same day that primaries were held for the November 2006 general election. Bilbray won the special election 49 percent to 45 percent and was sworn in as a U.S. Representative on June 13, 2006. In the June 6 primary election for the November 2006 election, both candidates won their party's nomination. In the November 2006 general election rematch, Bilbray won re-election.


National implications

Because the 50th is considered to be a heavily Republican district, it would have been considered major news if Busby had won. "This is a biggie," said Carl Luna, a political science professor at San Diego's Mesa College. "Everyone is going to be reading the tea leaves as a predictor of November." For that reason, the National Republican Congressional Committee spent $5 million on this race.


Controversies

During the campaign,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
Senator
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
cancelled a planned fundraiser for Bilbray at the last minute, after Bilbray criticized McCain's immigration bill as "amnesty" for illegal immigrants. On June 2, five days before the special congressional election, Busby was recorded telling a largely Hispanic group that "You can all help--you don't need papers for voting, you don't need to be a registered voter to help." This comment was in response to a question by a man who asked in Spanish, "I want to help, but I don't have papers." The recording was circulated over the Internet and on radio. Republicans claimed Busby was encouraging people to vote illegally, while Busby claimed she misspoke and meant that a person does not need to be a registered voter to help her campaign (such as phoning registered voters). A number of irregularities in the election were alleged, including the swearing in of Bilbray by a member of his own party 17 days before the election was certified, "electronic voting machines sent out to the homes and cars of volunteers for up to 12 days prior to the election, and irregular election results like huge mega-precincts of absentee ballots where turnout was thousands of percent more than registered voters." The
Democratic National Committee The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well a ...
's Voting Rights Institute raised several concerns about the fairness and accuracy of the vote count. An election contest lawsuit sought a hand recount. The court dismissed the suit on the basis that, once the House of Representatives had sworn in Bilbray, the court lacked
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
to hear the challenge.


Post Special-Election analysis

Political analyst Larry Sabato wrote in his Crystal Ball newsletter: "What a difference four percentage points makes! That was Bilbray's margin over Busby, a gaffe-prone, lackluster candidate who was out of her league. With six years (1995–2001) under his belt from another California House district, former congressman Bilbray understood what it took to win a tough campaign, and riding the immigration issue, he did so. The DCCC forced the NRCC to pull out all the stops and spend a large fortune for Bilbray, but given the dam that might have burst had Busby won, it was worth every GOP penny for them."


Run-off and Primary elections

The June 6, 2006 run-off was held at the same time as the primary election for the biennial November 7, 2006 general election. This created a peculiar opportunity for voters to vote on the same ballot for two different people for the same post; one to immediately fill the vacant seat, the other to run in the November election.


Polling


Results

On April 11, Democrat Francine Busby garnered 43.63 percent of the vote, 6.38 percentage points short of the majority necessary to avoid a runoff race. She faced the leading vote getter from the two other parties participating: Republican Brian Bilbray and Libertarian Paul King, as well as independent candidate William Griffith, in a June 6 runoff. In the June 6 runoff, Bilbray received a plurality with 78,341 votes (49.30%) to become the district's congressman for the remainder of the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
(until January 3, 2007). For the new term beginning in 2007, the primaries were held on June 6, 2006, concurrent with the special election. Busby and Bilbray each captured their party's nomination (as did Libertarian Paul King and Peace and Freedom candidate Miriam E. Clark). In the November, 2006 general election, Bilbray was again declared the winner.


See also

*
List of special elections to the United States House of Representatives Below is a list of special elections to the United States House of Representatives. Such elections are called by state governors to fill vacancies that occur when a member of the House of Representatives dies or resigns before the biennial genera ...


References


External links


''New York Times'' article on the results
{{2006 United States elections California 2006 50 California 2006 50 2006 50 Special California 50 Special United States House of Representatives 50 Special United States House of Representatives 2006 50