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.