L. Paige Whitaker
Legislative Attorney
From 1933 to 2009 (the 73rd Congress through the 111th Congress), the U.S. House of Representatives considered 107 contested election cases. The vast majority of these cases were resolved in favor of the contestee, a term referring to a Member or Member-elect of the House of Representatives whose election was challenged. The term contestant refers to an individual who challenged the election of a Member-elect of the House of Representatives.
It appears that of the 107 contested election cases considered by the House since 1933, in at least three cases, the House ultimately seated the contestant, and in at least one case, the House ultimately refused to seat any individual, declaring a vacancy. In the majority of the other cases, the contest was dismissed based on reasons including lack of evidence; a determination that voting irregularities, fraud, or misconduct was insufficient to affect the results of the election; failure to sustain the burden of proof necessary to award the contested seat to the contestant; and improper initiation of a contest or other procedural failures.
With regard to procedures followed on the first day of a new Congress, of the 107 contested election cases considered by the House since 1933, it appears that in at least 15 cases, the Member-elect was asked to “step aside” or “remain seated” while the oath of office was collectively administered to the other Members-elect. Of those 15 cases where a Member-elect was asked to step aside, it appears that in at least two instances, the Member-elect was subsequently administered the oath on an expressly provisional basis. In at least two of the 15 cases where a Member-elect was asked to step aside, the House declined to administer the oath of office to that Member-elect, until after the committee to which the question was referred had conducted an investigation and issued a report. In the remaining 11 of the 15 cases where a Member-elect was asked to step aside, in most instances, the House adopted a resolution providing merely that the Member-elect “be now permitted” to take the oath of office, with no specific reference to final determination of the right to the seat nor any express reference to a filed election contest. As has been noted by House Parliamentarians, the seating of a Memberelect does not prejudice a contest pending under the Federal Contested Elections Act (FCEA) regarding the final right to a seat.
The summaries of contested election cases contained in this report focus primarily on the nature of the contest and the disposition of the case. For more detailed information regarding each contest, it is important to consult relevant House records. This report examines only cases considered by the House of Representatives involving the question of whether a Member-elect was duly elected, that is, questions regarding elections and returns, not questions regarding qualifications (age, citizenship, and inhabitancy). Cases decided at the state level are beyond the scope of this report. Furthermore, information contained in this report is derived solely from findings made by the reporting congressional committee or as documented in the Congressional Record; CRS did not make any of the findings independently.
Date of Report: November 2, 2010
Number of Pages: 55
Order Number: 98-194
Price: $29.95
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Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
From 1933 to 2009 (the 73rd Congress through the 111th Congress), the U.S. House of Representatives considered 107 contested election cases. The vast majority of these cases were resolved in favor of the contestee, a term referring to a Member or Member-elect of the House of Representatives whose election was challenged. The term contestant refers to an individual who challenged the election of a Member-elect of the House of Representatives.
It appears that of the 107 contested election cases considered by the House since 1933, in at least three cases, the House ultimately seated the contestant, and in at least one case, the House ultimately refused to seat any individual, declaring a vacancy. In the majority of the other cases, the contest was dismissed based on reasons including lack of evidence; a determination that voting irregularities, fraud, or misconduct was insufficient to affect the results of the election; failure to sustain the burden of proof necessary to award the contested seat to the contestant; and improper initiation of a contest or other procedural failures.
With regard to procedures followed on the first day of a new Congress, of the 107 contested election cases considered by the House since 1933, it appears that in at least 15 cases, the Member-elect was asked to “step aside” or “remain seated” while the oath of office was collectively administered to the other Members-elect. Of those 15 cases where a Member-elect was asked to step aside, it appears that in at least two instances, the Member-elect was subsequently administered the oath on an expressly provisional basis. In at least two of the 15 cases where a Member-elect was asked to step aside, the House declined to administer the oath of office to that Member-elect, until after the committee to which the question was referred had conducted an investigation and issued a report. In the remaining 11 of the 15 cases where a Member-elect was asked to step aside, in most instances, the House adopted a resolution providing merely that the Member-elect “be now permitted” to take the oath of office, with no specific reference to final determination of the right to the seat nor any express reference to a filed election contest. As has been noted by House Parliamentarians, the seating of a Memberelect does not prejudice a contest pending under the Federal Contested Elections Act (FCEA) regarding the final right to a seat.
The summaries of contested election cases contained in this report focus primarily on the nature of the contest and the disposition of the case. For more detailed information regarding each contest, it is important to consult relevant House records. This report examines only cases considered by the House of Representatives involving the question of whether a Member-elect was duly elected, that is, questions regarding elections and returns, not questions regarding qualifications (age, citizenship, and inhabitancy). Cases decided at the state level are beyond the scope of this report. Furthermore, information contained in this report is derived solely from findings made by the reporting congressional committee or as documented in the Congressional Record; CRS did not make any of the findings independently.
Date of Report: November 2, 2010
Number of Pages: 55
Order Number: 98-194
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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