[Congressional Record Volume 167, Number 44 (Tuesday, March 9, 2021)]
[Extensions of Remarks]
[Pages E219-E220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     COMMITTEE ON HOUSE ADMINISTRATION COMMITTEE RESOLUTION 117-10

                                 ______
                                 

                            HON. ZOE LOFGREN

                             of california

                    in the house of representatives

                         Tuesday, March 9, 2021

  Ms. LOFGREN. Madam Speaker, as Chairperson of the Committee on House 
Administration and pursuant to section 3 of Committee Resolution 117-
10, a Resolution to Establish Procedures in Contested Election Cases 
Properly Filed Under the Federal Contested Election Act, I am hereby 
including in the Record a copy of the Committee Resolution.

                   COMMITTEE ON HOUSE ADMINISTRATION

                              A Resolution

                             117TH CONGRESS

                      Committee Resolution 117-10

Resolution To Establish Procedures in Contested Election Cases Properly 
             Filed Under the Federal Contested Election Act

       Be it resolved, that the Committee on House Administration, 
     under the authority of clause 1(k)(12) of rule X of the Rules 
     of the House of Representatives and in accordance with the 
     Federal Contested Election Act, 2 U.S.C. Sec. Sec. 381-396, 
     sets forth the following procedures to be followed by the 
     Committee for contested election cases in which written 
     notice of intention to contest an election has been properly 
     filed with the Clerk of the House of Representatives.

Procedures in Contested Election Cases Properly Filed Under the Federal 
                         Contested Election Act


            SECTION 1. FILINGS BY CONTESTANT AND CONTESTEE.

       (a) Filing Authorization.--No pleading, motion (other than 
     a motion for leave to file), brief, or other paper may be 
     filed by either party unless expressly authorized or directed 
     by the Federal Contested Election Act, or by the Committee, 
     the Chairperson, or a task force of the Committee.
       (b) Contestant's Response.--If a contestee files a motion 
     under 2 U.S.C. Sec. 383(b), the contestant may file a 
     response. The contestant shall file and serve the response as 
     soon as practicable, and no later than 21 days after service 
     of the contestee's motion or 21 days after issuance of these 
     regulations, whichever is later. The response must not exceed 
     13,000 words. If filed and served before issuance of these 
     regulations, a contestant's response that complies with this 
     word limit shall be deemed authorized notwithstanding 
     subsection (a).
       (c) Contestee's Reply.--If a contestant files a response as 
     described in subsection (b), the contestee may file a reply. 
     The contestee shall file and serve the reply as soon as 
     practicable, and no later than 7 days after service of the 
     contestant's response or 7 days after issuance of these 
     regulations, whichever is

[[Page E220]]

     later. The reply must not exceed 6,000 words. If filed and 
     served before issuance of these regulations, a contestee's 
     reply that complies with this word limit shall be deemed 
     authorized notwithstanding subsection (a).
       (d) Word Limits.--Except as expressly provided by the 
     Committee, the Chairperson, or a task force of the Committee, 
     a motion or brief must not exceed 13,000 words, except for a 
     reply brief, which must not exceed 6,000 words: The word 
     limits do not include any cover page, table of contents, 
     table of authorities, certificate of counsel, signature 
     block, proof of service, or affidavit. or other exhibit. The 
     word limits do include headings, footnotes, and quotations.
       (e) Hearing on Papers.--The Committee shall hear and decide 
     any motion under 2 U.S.C. Sec. 383 on the papers, without 
     conducting oral argument or a hearing.


         SEC. 2. FURTHER BRIEFING BY CONTESTANT AND CONTESTEE.

       (a) If the Committee denies a contestee's motion under 2 
     U.S.C. Sec. 383(b) or postpones its disposition, the 
     Committee, the Chairperson (following consultation with the 
     ranking minority member), a task force of the Committee, or 
     the Chairperson of a task force (following consultation with 
     its ranking minority member) may request that each party file 
     and serve no later than 10 days after notice of that action a 
     brief that:
       (1) expresses the party's views and answers any specific 
     questions asked by a request made under this subsection about 
     specific procedures, legal principles, and timelines that 
     should control the course of the contested election case and 
     facilitate the case's disposition; and
       (2) explains how the party's views and answers in paragraph 
     (1) comport with the Constitution, the Federal Contested 
     Election Act, precedents of the House of Representatives, and 
     any other applicable authorities.
       (b) A brief filed by a party under subsection (a) must 
     comply with the limitations for a brief under section 1(d).
       (c) No later than 7 days after service of a brief filed by 
     a party under subsection (a), the opposing party may file a 
     reply brief, which must comply with the limitations for a 
     reply brief under section 1(d).


          SEC. 3. PUBLICATION AND NOTIFICATION OF RESOLUTION.

       Following adoption, these regulations shall be made 
     available to the House and the public by publication in the 
     Congressional Record and on the Committee's website, and 
     transmitted to the contestants and contestees in any 
     contested election case properly filed in the 117th Congress 
     on or before the date of adoption, or their attorneys.


                        SEC. 4. EFFECTIVE DATE.

       This resolution shall be effective upon adoption by the 
     Committee.
       Adopted February 19, 2021.

                          ____________________