Rep. Hoyer Asks for Clear Guidelines For Contested Elections

[Wilms]

Rep. Hoyer Asks for Clear Guidelines For Contested Elections

By U.S. Representive Steny Hoyer

October 14, 2006

With Many Tight House Elections Looming,Whip Concerned that Statutes Are Too Ambiguous

House Democratic Whip Steny H. Hoyer (MD) sent the attached letter today to Committee on House Administration Chairman Vernon Ehlers and Ranking Democrat Juanita Millender-McDonald asking the Committee to "develop a set of clear protocols for managing any contest or contests that the Committee faces in November" because "ith the direction of the House likely to turn on a handful of seats, ensuring that contested elections are adjudicated in a fair, transparent, and swift manner is essential."

The full text of the letter is below.

Dear Chairman Ehlers and Ranking Democratic Member Millender-McDonald:

With many House races expected to be very close this November, there is the real possibility that recounts will occur in several congressional districts, with some outcomes being challenged under the Federal Contested Election Act (P.L. 91-138, 83 Stat. 284). I am deeply concerned that ambiguities and deficiencies in this statute may prolong rather than facilitate the resolution of contested elections by the Committee on House Administration unless the Committee acts now, in a non-partisan and collaborative manner, to develop a set of clear protocols for managing any contest or contests that the Committee faces in November.

As Chairman Ehlers will recall from our service on the House Administration Committee (then the House Oversight Committee) during the last contested House election in 1997-98, FCEA provides for a process for resolving contested elections, starting with the filing of a notice of contest by the loser of the election, the taking of testimony from witnesses, and the holding of hearings on the depositions and papers filed with the Clerk of the House related to the dispute. The statute also places the burden of proof on the challenger to show that sufficient evidence exists to change the outcome of the election.

Until 1997, FCEA had successfully adjudicated 29 contests. However, when we served together on the 1997 contested election task force, FCEA was tested as never before. It quickly became apparent to both Republicans and Democrats serving on the Committee at the time that FCEA, rather than providing the House with clear rules and procedures for resolving a contest, is in two critical respects so ambiguous that it can actually exacerbate an inherently partisan process rather than tame it:

snip

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=1881&Itemid=26

[BeFree]

1. Getting ready

Good to see someone getting ready for the onslaught. 'Cause we are gonna be hammering them starting Nov. 8.

[Amaryllis]

2. kick

[Kurovski]

3. Kick(nt)

[diva77]

4. hmmm, coming from Hoyer, one of the principal authors of HAVA

better analyze the protocols carefully:scared:

[Wilms]

5. According to his letter...

...it's the lacking protocols he decries.

A principal author of HAVA ain't necessarily a bad person to have complaining about things that we also have concerns about.

[diva77]

6. I read it as you did

...we haven't seen the protocols yet -- just meant to say to read the fine print when they do come up with the protocols...just sayin'

:P

[Wilms]

7. Of course we should.

As we should note Hoyer's, and recently, Dodd's apparent concerns with what was wrought.

Perhaps Ney facing prison has awakened some.

So be it.

[Land Shark]

8. Some injteresting points of note in the Dem Whip's letter

Although it's been almost ten years since a federal contest filed under the federal FCEA law, Hoyer seems to expect they are especially likely now. his stated reason of close races does not seem especially likely THIS year, though it could of course happen, so one wonders about unstated reasons to believe in the likelihood of contests.

Second, he states several important particulars in which the FCEA is deficient and acknowledges its woefulness overall. There's more to add to that list, but I'm glad it's defects are acknowledged at least in part.

[OnTheOtherHand]

9. close races

According to a Census Bureau data source (which does have some errors, so this could be wrong), four House races in 2004 were decided by 3 points or less. According to TIA's compendium of House polls, thirteen races are currently within 3 points. Control of the House currently depends on races that appear to be that close. (Last I checked, control of the Senate did too.) So, Hoyer's stated reason seems quite plausible.

(I agree with Awsi Dooger that the House polls in particular aren't especially reliable, but they give some idea.)

[EFerrari]

10. K&R