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U.S. House begins review of contested Iowa congressional election

cigaretteman

HR King
May 29, 2001
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A panel of U.S. House Democrats on Wednesday began delving into the merits of Democrat Rita Hart’s election challenge in Iowa’s 2nd Congressional District.


The Committee on House Administration voted 6-3 along party lines to postpone a decision on Iowa Republican U.S. Rep. Mariannette Miller-Meeks’ motion to dismiss Hart challenging the outcome of the Iowa race.


“The American people deserve to know who actually won this election,” said committee chairwoman Zoe Lofgren, D-Calif. “And the people of Iowa’s 2nd Congressional District deserve to be represented by that person.”


Hart has asked the Democratically controlled U.S. House to investigate and overturn the race that state officials say she lost to Miller-Meeks by six votes out roughly 400,000 cast following a districtwide recount in all 24 counties.


The election is the second-closest out of more than 21,000 congressional elections held in the last 90 years and the closest federal race in the country.


Hart’s campaign has identified 22 ballots it claims were legally cast but not counted, due to election worker error. Had the 22 ballots been tallied, Hart, of Wheatland, argues she would have won by nine votes.


Miller-Meeks, of Ottumwa, was provisionally seated as a new member of Congress after a bipartisan panel of state officials certified the election results in November.




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She filed a motion in January to dismiss Hart’s case, arguing that “more than a century of precedent” required that Hart exhaust all legal remedies at the state level before taking her case to Congress.


However, the 1969 federal law under which Hart is challenging the election outcome does not require exhausting all state legal challenges, and any ruling by an Iowa court would not be binding on the House.


Under the U.S. Constitution, Congress has the express authority to judge the “elections and returns” of its members.


“Rita Hart has raised specific, credible allegations that enough validly cast ballots were wrongly excluded in the certified totals to reverse the election’s outcome,” Lofgren said.


“Today, none of us can state with confidence who actually won this election,” she said. “Answering that question is solemn responsibility of this committee, and it is our obligation under federal law and under the Constitution. Our answer must be grounded in hard evidence, not bald assumptions. ... To find the facts, to search for truth and act accordingly without partisan bias of any sort. We can’t do that if we don’t allow for the evidence to be submitted.”


Ranking member Rodney Davis, R-Ill., criticized Hart for “sidestepping” impartial Iowa courts and instead turn to a partisan process to overturn the will of Iowa voters, “because they knew they could not win any other way.”


Hart has argued that Iowa law does not provide sufficient time to mount an effective challenge in Iowa court and conduct additional recount proceedings to ensure that all legal votes are counted.


The law would have required a panel of judges to rule on challenges within days, sufficient time for judges to review the 22 ballots Hart’s campaign has identified, Republicans have argued.

 
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