SAN DIEGO -- A judge will rule Tuesday on whether he has jurisdiction over a lawsuit seeking a recount in the June 6 special election for disgraced ex-Rep. Randy "Duke" Cunningham's seat, won by Republican Brian Bilbray.

Attorneys for Bilbray and County Registrar of Voters Mikel Haas told Superior Court Judge Yuri Hoffman Friday that he had no jurisdiction to rule on the lawsuit because the House of Representatives voted unanimously for Bilbray to take his oath of office on June 13.

Two voters in the 50th Congressional District, Gail Jacobson and Lillian Ritt, filed suit July 31, seeking a recount and alleging Haas violated election procedures before the election and during an official voter request for a hand-ballot count.

The lawsuit claims Haas sent Diebold electronic voting machines on "sleepovers" in the unsecured homes and cars of volunteer poll workers for weeks prior to the election, in violation of state and federal law.

Attorneys for Bilbray and Haas argued that Hoffman had no jurisdiction.

"An election contest can't be heard by this court," said Bilbray's attorney, David A. King.

The lead attorney for the plaintiffs, Paul Lehto, disagreed, saying the oath was given to Bilbray even before Haas certified the election results in late July, and that the specific intent of the Republican-controlled House of Representatives was to render the state court powerless.

Lehto said it is highly unusual for a lawmaker to be sworn in within a week of being elected and that the process usually takes a month or more.

"If (Congress) can do that, they can do anything," he told Hoffman.

Rep. Doris Matsui, D-Sacramento, was sworn in two days after winning a special election March 8, 2005, and Rep. John Campbell, R-Irvine, a day after winning a special election Dec. 7.

Lehto said the House action was an attempt to "terminate the election process before it's over."

"There can be nothing more important than the integrity of the elections," Lehto said.

Lehto asked Hoffman to "uphold the truth-seeking function of the election process," the state and federal Constitution and the checks and balances principle of judicial review.

Haas' attorney, James Chapin, also said the plaintiffs initially requested a recount but then decided against it.

"The truth is available," Chapin said. "They declined to pursue it."

The lawsuit claims that when the plaintiffs sought a recount, Haas said it would cost them $150,000, which is why they did not pursue the matter.

Hoffman said he would rule on the jurisdictional issue on Tuesday afternoon, and if necessary, hear other issues in the suit, including a request by Bilbray for damages against the plaintiffs from bringing the legal action in the first place.

Cunningham resigned from the House on Nov. 28, 2005, after pleading guilty to bribery and admitting to accepting more than $2.4 million from defense contractors.

Democrats were hopeful they could wrest the seat from Republicans in the nationally watched race, but no candidate received a majority of votes in a special election to replace Cunningham in April.

Bilbray, a former congressman turned lobbyist for an East County Indian casino, won the June 6 runoff against Democrat Francine Busby 49 percent to 45 percent, or about 7,000 votes, and Busby conceded the next day.