[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 355 Engrossed in House (EH)]


                 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
            (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;
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.