By Junell H.R. No. 285 74R6378 GGS-D R E S O L U T I O N 1-1 WHEREAS, Proceedings were initiated by Bernard Erickson to 1-2 contest the election of Arlene Wohlgemuth to the office of state 1-3 representative, District 58; and 1-4 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker 1-5 James E. "Pete" Laney appointed a master of discovery for the 1-6 election contest on December 21, 1994, and a Select Committee on 1-7 Election Contest on December 21, 1994, to begin consideration of 1-8 the contest; and 1-9 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker 1-10 James E. "Pete" Laney appointed a master of discovery and a Select 1-11 Committee on Election Contest on January 11, 1995, to continue 1-12 consideration of the contest; and 1-13 WHEREAS, On February 14, 1995, after a public hearing the 1-14 committee found by a vote of 9 to 0 that in the matter of the 1-15 election contest for District 58 the contestant did not by clear 1-16 and convincing evidence establish that the outcome of the contested 1-17 election, as shown by the final canvass, was not the true outcome 1-18 because of any ground prescribed by Chapter 221, Election Code; and 1-19 WHEREAS, On February 27, 1995, pursuant to Section 241.017, 1-20 Election Code, a written statement of withdrawal signed by the 1-21 contestant was filed with the chairman of the committee and the 1-22 speaker of the house of representatives; now, therefore, be it 1-23 RESOLVED, That the contestant's statement of withdrawal of 1-24 the election contest be read into the journal, as required by law; 2-1 and, be it further 2-2 RESOLVED, That the Select Committee on Election Contest and 2-3 the master of discovery appointed to assist the committee be 2-4 discharged and that the committee need not make further report to 2-5 this house; and, be it further 2-6 RESOLVED, That pursuant to Section 241.025, Election Code, 2-7 each party to the election contest bear the party's own costs, and 2-8 that this house bear the costs of the proceedings of the master of 2-9 discovery and the committee, and that the contestant's security for 2-10 costs be returned to the contestant; and, be it further 2-11 RESOLVED, That Arlene Wohlgemuth be continued in office as a 2-12 member of the house of representatives for District 58, 74th 2-13 Legislature.