California 50th congressional district special election, 2006
Encyclopedia
A special election was held in California's 50th congressional district
to choose a new member of the U.S. Representative
to fill the vacancy caused by the resignation of Republican
Randy Cunningham, who resigned November 28, 2005 after pleading guilty to bribery
, wire fraud
, mail fraud, and tax evasion
charges. (On March 3, 2006, he was sentenced to eight years and four months in federal prison).
The special primary election
was held on April 11, 2006. If a single candidate had won a simple majority, he or she 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
Francine Busby
and Republican Brian Bilbray
, competed in a runoff special general election
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.
Senator John McCain
cancelled a planned fundraiser for Bilbray at the last minute, after Bilbray criticized McCain's immigration bill as "amnesty" for illegal immigrants. Later, McCain contributed money to Bilbray's campaign and voiced a radio commercial for the National Republican Congressional Committee in support of Bilbray's race against Busby.
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
'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
to hear the challenge.
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."
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
(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.
California's 50th congressional district
California's 50th congressional district is a congressional district in the U.S. state of California based in San Diego County. The district consists of the northern coastal region of San Diego County and includes the suburbs of San Marcos, Carlsbad, Encinitas, Solana Beach, and Escondido.The...
to choose a new member of the U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
to fill the vacancy caused by the resignation of Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Randy Cunningham, who resigned November 28, 2005 after pleading guilty to bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....
, mail fraud, and tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
charges. (On March 3, 2006, he was sentenced to eight years and four months in federal prison).
The special primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
was held on April 11, 2006. If a single candidate had won a simple majority, he or she 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
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Francine Busby
Francine Busby
Francine Pocino Busby was the 2010 Democratic Candidate for Congress in California's 50th district, in North San Diego County. She defeated Tracy Emblem in the June primary and lost to Republican incumbent, Brian Bilbray in the general election. She was also a 2006 Democratic candidate for...
and Republican Brian Bilbray
Brian Bilbray
Brian Phillip Bilbray is the U.S. Representative for , serving since 2006, and previously for the 49th district from 1995 to 2001. He is a member of the Republican Party. Bilbray is Chairman of the House Immigration Reform Caucus and a member of the influential...
, competed in a runoff special general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
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, ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
Senator John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
cancelled a planned fundraiser for Bilbray at the last minute, after Bilbray criticized McCain's immigration bill as "amnesty" for illegal immigrants. Later, McCain contributed money to Bilbray's campaign and voiced a radio commercial for the National Republican Congressional Committee in support of Bilbray's race against Busby.
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
Democratic National Committee
The Democratic National Committee is the principal organization governing the United States Democratic Party on a day to day basis. While it is responsible for overseeing the process of writing a platform every four years, the DNC's central focus is on campaign and political activity in support...
'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
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear the challenge.
Post Special-Election analysis
Political analyst Larry SabatoLarry Sabato
Larry Joseph Sabato is an American political scientist and analyst. He is the Robert Kent Gooch Professor of Politics at the University of Virginia, and director of its Center for Politics. He founded Sabato's Crystal Ball, an online newsletter and website that provides free political analysis and...
wrote in his Crystal Ball
Sabato's Crystal Ball
Sabato’s Crystal Ball is a free, nonpartisan weekly online newsletter and comprehensive website in the United States that analyzes the current American political scene and predicts electoral outcomes for U.S House of Representatives, U.S. Senate, governors, and U.S. president races...
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
| Source | Date | Francine Busby Francine Busby Francine Pocino Busby was the 2010 Democratic Candidate for Congress in California's 50th district, in North San Diego County. She defeated Tracy Emblem in the June primary and lost to Republican incumbent, Brian Bilbray in the general election. She was also a 2006 Democratic candidate for... (D) |
Brian Bilbray Brian Bilbray Brian Phillip Bilbray is the U.S. Representative for , serving since 2006, and previously for the 49th district from 1995 to 2001. He is a member of the Republican Party. Bilbray is Chairman of the House Immigration Reform Caucus and a member of the influential... (R) |
Other | None | Undecided | Margin of Error |
|---|---|---|---|---|---|---|---|
| Survey USA | May 30 to June 1, 2006 | 45% | 47% | 9% | 0% | 4.7% | |
| LRP (Dem) | May 12–15, 2006 | 47% | 40% | 1% | 12% | 4.9% | |
| Survey USA | May 5–7, 2006 | 45% | 45% | 9% | 1% | 4.8% | |
| Moore (Rep) | April 29–30, 2006 | 43% | 37% | 2% | 5% | 13% | 5% |
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
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
(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.
| California's 50th congressional district special primary, 2006 | ||||
|---|---|---|---|---|
| Party | Candidate | Votes | Percentage | |
| Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Francine Busby Francine Busby Francine Pocino Busby was the 2010 Democratic Candidate for Congress in California's 50th district, in North San Diego County. She defeated Tracy Emblem in the June primary and lost to Republican incumbent, Brian Bilbray in the general election. She was also a 2006 Democratic candidate for... |
60,010 | 43.63% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Brian Bilbray Brian Bilbray Brian Phillip Bilbray is the U.S. Representative for , serving since 2006, and previously for the 49th district from 1995 to 2001. He is a member of the Republican Party. Bilbray is Chairman of the House Immigration Reform Caucus and a member of the influential... |
20,952 | 15.23% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Eric Roach | 19,891 | 14.46% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Howard Kaloogian Howard Kaloogian Howard J. Kaloogian is an American politician and a former member of the California State Assembly. A Republican, he failed in 2004 to be elected to the United States Senate and in 2006 to be elected to the House.-Biography:... |
10,207 | 7.42% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Bill Morrow | 7,369 | 5.36% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Alan Uke | 5,477 | 3.98% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Richard Earnest | 2,957 | 2.15% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Bill Hauf | 2,207 | 1.60% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Scott Turner | 2,041 | 1.48% | |
| Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Chris Young | 1,808 | 1.31% | |
| Independent Independent (politician) In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do... |
William Griffith | 1,111 | 0.81% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Victor Ramirez | 912 | 0.66% | |
| Libertarian Libertarian Party (United States) The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration... |
Paul King | 819 | 0.60% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Jeff Newsome | 574 | 0.42% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Scott Orren | 345 | 0.25% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Delecia Holt | 261 | 0.19% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Bill Boyer | 204 | 0.15% | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Milton Gale | 58 | 0.04% | |
| Invalid ballots | 326 | 0.24% | ||
| Totals | 137,529 | 100.00% | ||
| Voter turnout | 38.86% | |||
| California's 50th congressional district special election, 2006 | ||||
|---|---|---|---|---|
| Party | Candidate | Votes | Percentage | |
| Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
Brian Bilbray Brian Bilbray Brian Phillip Bilbray is the U.S. Representative for , serving since 2006, and previously for the 49th district from 1995 to 2001. He is a member of the Republican Party. Bilbray is Chairman of the House Immigration Reform Caucus and a member of the influential... |
78,341 | 49.30% | |
| Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Francine Busby Francine Busby Francine Pocino Busby was the 2010 Democratic Candidate for Congress in California's 50th district, in North San Diego County. She defeated Tracy Emblem in the June primary and lost to Republican incumbent, Brian Bilbray in the general election. She was also a 2006 Democratic candidate for... |
71,146 | 44.77% | |
| Independent Independent (politician) In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do... |
William Griffith | 6,027 | 3.79% | |
| Libertarian Libertarian Party (United States) The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration... |
Paul King | 2,519 | 1.59% | |
| Independent Independent (politician) In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do... |
Paul Martens (write-in Write-in candidate A write-in candidate is a candidate in an election whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the person's name. Some states and local jurisdictions allow a voter to affix a sticker with a write-in candidate's name on it to the ballot in lieu... ) |
0 | 0.00% | |
| Invalid ballots | 882 | 0.56% | ||
| Totals | 158,915 | 100.00% | ||
| Voter turnout | 44.71% | |||