A Superior Court judge dismissed the lawsuit by a follower of political extremist Lyndon H. LaRouche Jr., who was trying to replace Bruce W. Sumner as the Democratic nominee in southern Orange County’s 40th Congressional District.
Art Hoffmann, who had lost in a recount of votes in the primary election, was alleging that there had been irregularities at the polls.
But Judge John C. Woolley said the court had no authority in the case. Under the U.S. Constitution, only the House of Representatives can judge the qualification of its members, the judge said.
Hoffmann said he would appeal. Unless he succeeds, Sumner, chairman of the Orange County Democratic Party, will be on the ballot against four-term incumbent Rep. Robert E. Badham (R-Newport Beach).