2006 special congressional election Bilbray ran in the 2006 special election to fill the vacancy in caused by the resignation in December 2005 of fellow Republican
Duke Cunningham, who pleaded guilty to felony charges of conspiracy and tax evasion, and subsequently went to jail. In March 2005, Bilbray moved to
Carlsbad, California, to take care of his mother, who owns a home there. The race to assume Cunningham's seat was highly contested, especially on the Republican side, with 14 Republicans (compared with only 2 Democrats) officially running for the position. Leading up to the initial all-candidate election that would determine the parties' candidates in a runoff election, Bilbray was in a virtual tie with Republican businessman Eric Roach, slightly ahead of former State Assemblyman
Howard Kaloogian. Four days before the election, businessman Alan Uke, one of the major Republican candidates, ran an attack ad accusing Roach of
outsourcing thousands of jobs at the expense of American workers. In the initial all-party special election on April 11, 2006, Bilbray was the Republican candidate with the most votes, receiving 15% of the total vote to Roach's 15%. He then faced the top vote getters of all the other parties in a
runoff election on June 6, 2006: Democrat
Francine Busby,
Libertarian Paul King, and William Griffith, an independent. During the campaign, Arizona Senator
John McCain canceled a planned fundraiser for Bilbray at the last minute, after Bilbray called McCain's immigration bill "amnesty" for illegal immigrants. Bilbray won the runoff with 49% of the vote, and was sworn in on June 13, 2006, as a member of the Congress. The Republican Party considered this a
bellwether race because this district had "the perfect storm in favor of the Democrats" according to
Ken Mehlman, the RNC Chairman at the time of the special election. The
Democratic National Committee's Voting Rights Institute raised several concerns about the fairness and accuracy of the vote count. An election contest lawsuit sought a hand recount. However, Bilbray was sworn in before the vote count was official. The court dismissed the suit on the basis that, once the House of Representatives had sworn in Bilbray, the court lacked
jurisdiction to hear the challenge.
2006 general election Bilbray and Busby each won their party's primary, and faced each other again in the November general election. Bilbray defeated Busby by a margin of 54%–44%. Bilbray ran as an opponent of illegal immigration. With the advantage of incumbency and the Republican edge in registrations in the district, Bilbray was initially a clear favorite to win in November. Both the
Cook Political Report and
CQPolitics first rated the race as
Republican Favored. But Busby gained in October, with a late-October poll by SurveyUSA showed Bilbray ahead by just 3 points, for a number of reasons: the general political climate seen as disadvantageous to the GOP, Busby's outraising Bilbray, and Bilbray's low profile campaign. On October 23,
CQPolitics changed their rating to
Leans Republican.
2008 general election Running unopposed in the June primary, Bilbray overcame a strong challenge from Democrat
Nick Leibham in the November
2008 general election. With help from the
DCCC and $1 million in donations, Leibham ran a string of TV attack ads against Bilbray. Democrats thought they had a chance at winning the district due to the hostile environment plaguing Republicans in general, and shifting demographics locally. Bilbray won, 50% to 46%, with 4% of the vote going to
Libertarian candidate Wayne Dunlap.
2012 general election Due to district realignment after the 2010 census, Bilbray
ran as the incumbent in the
52nd congressional district in 2012. An all-parties primary was held on June 5, 2012. A runoff between Bilbray and
Port of San Diego Commissioner
Scott Peters, a
Democrat, was held on November 6. The initial vote was very close, so that a winner was not declared until ten days after the election as provisional ballots were counted. On November 16, with Peters ahead by 51% to 49%, Bilbray conceded defeat. ==Residency==