H. Res. 355

In the House of Representatives, U.S.,

February 12, 1998.

Whereas credible allegations by contestant Robert Dornan of

election fraud in the 46th Congressional District of

California were received by the House of Representatives

and an investigation has been conducted under the

authority of the Federal Contested Election Act;

Whereas that investigation was repeatedly hindered and

delayed by the lack of cooperation by the Department of

Justice, the Immigration and Naturalization Service, and

key witnesses;

Whereas the delay and lack of cooperation included the

following:

(1) the refusal of the Immigration and Naturalization Service to provide any information to the Committee

on House Oversight until the Service was subpoenaed

and the failure 8 months after the subpoenas to provide

the accurate information needed by the Committee;

(2) the refusal of key witnesses to provide evidence

under the provisions of the Federal Contested Election

Act; and
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(3) the refusal of the Department of Justice, in

complete disregard of a resolution passed by the House

of Representatives, to enforce the Federal Contested

Election Act by prosecuting any of the 11 witnesses who

refused to comply with the provisions of such Act which

require production of evidence on a timely basis;

Whereas despite the lack of full cooperation from witnesses

and Government agencies, the investigation of the

election contest in the 46th Congressional District of

California has resulted in evidence that over 700 illegal

votes were cast in that election, including votes cast by

persons who were not citizens of the United States;

Whereas the evidence of illegal voting comes from the

following sources:

(1) the Registrar of Voters of Orange County has

indicated that 124 absentee ballots were cast illegally in

the November 1996 General Election; and

(2) the Committee on House Oversight’s comparison of Immigration and Naturalization Service records

and Orange County voter registration records provides

evidence that more than 600 additional votes were

illegally cast in that election;

Whereas the number of votes shown to be illegal by clear and

convincing evidence is less than the post-recount 979 vote

margin by which the election was decided;
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Whereas it is critical that the incidence of illegal voting be

reduced and eliminated in future elections and that the

ability of investigators in future election contests to

detect and punish voter fraud be enhanced;

Whereas the Committee on House Oversight should continue

its investigation of illegal voting practices and

recommend to the House of Representatives legislative

measures to reduce voter fraud and improve the integrity

of the voting process; and

Whereas the Committee on the Judiciary and the Committee

on Appropriations should closely examine the operations

of the Department of Justice and the Immigration and

Naturalization Service to ensure that proper steps are

being taken to enforce the laws of the United States and

accurately provide information on the citizenship status

of individuals, as required by Federal law: Now,

therefore, be it

Resolved, That the election contest of Robert Dornan,

contestant, against Loretta Sanchez, contestee, relating to

the office of Representative from the 46th Congressional

District of California, is dismissed.

Attest:

Clerk.