SAN DIEGO -- Saying he lacked jurisdiction, a judge Tuesday dismissed a lawsuit seeking a recount in the special election that Republican Brian Bilbray won in June to replace disgraced ex-Rep. Randy "Duke" Cunningham.

Superior Court Judge Yuri Hoffman said that once the House of Representatives asserted its exclusive right to swear Bilbray into office, it left the court without jurisdiction in the election contest.

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

The lawsuit alleged that 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.

The lead attorney for the plaintiffs, Paul Lehto, argued last week that the oath of office was administered to Bilbray even before Haas certified the election results in late July, and that the specific intent of the GOP-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; that the process usually takes a month or more.

Outside court Tuesday, Lehto said there were thousands and thousands of uncounted votes in the June 6 special election, rendering voters in the 50th Congressional District "completely impotent."

"We don't know what the result of the election is," Lehto told reporters.

The attorney said the vote in the special election were counted only by machines.

Lehto said the plaintiffs will probably appeal, but a final decision hasn't been made.

"This is democracy," the attorney said. "Every vote needs to be respected. Every vote needs to be counted."

Bilbray's attorney, David A. King, said the U.S. Constitution gives the House of Representatives the authority to determine the results of the election and swear in the winner, which it did unanimously on June 13.

"This election was not legitimately in dispute," King said outside court. "Any (House) member could have objected to Bilbray being sworn in."

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

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

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

A motion by Bilbray to collect attorneys' fees was not considered by Hoffman, who deemed the issue "moot."

Cunningham resigned from the House last Nov. 28, after pleading guilty to bribery. The veteran lawmaker admitted accepting more than $2.4 million from defense contractors.

Democrats were hopeful they could wrest the seat from the 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 with 49 percent of the votes -- about 7,000 -- to her 45 percent. Busby conceded the next day.

Bilbray and Busby are scheduled to face off again in a Nov. 6 general election, when voters will choose a candidate to serve the next full two-year term in the 50th Congressional District.