Circuit Judge William Gary ruled that Jennings’ arguments about the possibility of lost votes were “conjecture,” and didn’t warrant overriding the trade secrets of the voting machine company.
Jennings still has a complaint filed before Congress, which is the ultimate arbiter of who will fill the seat. The seat is being vacated by Rep. Katherine Harris, a Republican who unsuccessfully ran for the Senate.
“The House has the power to collect evidence and make a decision about who, if anyone, was duly elected to represent the people of the 13th district,” U.S. Rep. Rush Holt, D-N.J., said Friday before the judge’s ruling. Holt plans to make an official statement next week making it clear that by seating Buchanan, the House isn’t forfeiting the right to reverse that decision later.