[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 24 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 24

Authorizing the House Administration Committee to investigate, recount, 
  and report on contested elections for the House of Representatives.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1993

    Mr. Smith of Iowa submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
Authorizing the House Administration Committee to investigate, recount, 
  and report on contested elections for the House of Representatives.

    Resolved, That the House Administration Committee shall investigate 
and report to the House not later than January 3 following each general 
election with respect to the following matters:
    Sec. 2. (a) Whenever a candidate for election to a seat in the 
House of Representatives files a notice in writing with the Clerk of 
the House within thirty days after an election to the House or fifteen 
days after the result of the election has been determined by the 
officer or board of canvassers authorized by law to determine such 
result, whichever first occurs, of his intention to contest the result 
of such election and such candidate deposits the sum of $5,000 with the 
Clerk, such candidate shall have a right to such full and complete 
investigation and recount as is necessary to insure that the true 
result of the election is determined and it shall be the duty of the 
committee to make such investigation and conduct such recount as soon 
as practicable.
    (b) The committee shall conduct a recount in all precincts, 
counties, or voting districts requested by the contestant or contestee 
and in any additional voting districts where it deems it advisable in 
order to accurately reflect the result of the election.
    (c) In the event an investigation or recount, in the opinion of the 
committee, alters the ultimate result of the election, the committee 
shall repay the candidate the amount deposited. In the event an 
investigation or recount does not, in the opinion of the committee, 
alter the result of the election, the committee shall refund to the 
candidate an amount, if any, equal to the difference between $5,000 and 
the expenses incurred in conducting such recount.
    (d) The committee shall not permit any person inspecting ballots or 
the result of balloting for United States Representative to observe or 
record the result of the balloting for any other office unless the 
consent of all candidates for such other office has been given in 
writing.
    Sec. 3. (a) For the purpose of this resolution, the committee, or 
any duly authorized subcommittee thereof, is authorized to hold such 
public hearings, to sit and act at such times and places during the 
sessions, recesses, and adjourned periods of Congress, to employ such 
attorneys, experts, clerical, and other assistants, to require by 
subpoena or otherwise the attendance of such witnesses and the 
production of such correspondence, books, papers, election returns, 
ballots, and other documents, to administer such oaths, and to take 
such testimony as it deems advisable to conduct a recount. Subpoenas 
may be issued under the signature of the chairman of the committee, or 
any subcommittee, or by any member designated by such chairman and may 
be served by any person designated by any such chairman or member.
    (b) Every person who, having been summoned as a witness by 
authority of said committee or any subcommittee thereof, willfully 
makes default, or who having appeared, refuses to answer any question 
pertinent to the investigation heretofore authorized, shall be held to 
the penalties prescribed by law.
    (c) The committee is authorized and directed to file interim 
reports whenever in the judgment of the majority of the committee, or 
of a subcommittee conducting portions of said investigation, the public 
interest will be best served by the filing of said interim reports, and 
in no event shall the final report of any recount conducted by said 
committee be filed later than January 3 of the following year.

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