[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Page 18032]
[From the U.S. Government Publishing Office, www.gpo.gov]




RESOLUTION DISMISSING ELECTION CONTEST AGAINST BART GORDON OF TENNESSEE

  Mr. Ney, from the Committee on House Administration, submitted a 
privileged report (H. Rept. 108-208) on the resolution (H. Res. 318) 
dismissing the election contest against Bart Gordon, which was referred 
to the House Calendar and ordered to be printed.
  Mr. NEY. Mr. Speaker, I ask unanimous consent for the immediate 
consideration of the resolution (H. Res. 318) dismissing the election 
contest relating to the office of Representative from the Sixth 
Congressional District of Tennessee.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 318

       Resolved, That the election contest relating to the office 
     of Representative from the Sixth Congressional District of 
     Tennessee is dismissed.

                              {time}  1015

  The SPEAKER pro tempore (Mr. Shaw). Is there objection to the request 
of the gentleman from Ohio?
  Mr. LARSON of Connecticut. Mr. Speaker, reserving the right to 
object, I yield to the distinguished chairman, the gentleman from Ohio 
(Mr. Ney), to explain the purpose of this resolution.
  Mr. NEY. Mr. Speaker, I thank the ranking member for yielding.
  In keeping with the tradition of the dismissal of ``Election Contest 
Day'' here in the U.S. House, I rise in support of House Resolution 
318, a bill to dismiss an election contest filed against the gentleman 
from Texas (Mr. Gordon) in Tennessee's sixth district.
  The contestant, a candidate on the November 2002 ballot against the 
gentleman from Tennessee (Mr. Gordon), filed a notice of contest under 
the Federal Contested Elections Act contending that the gentleman from 
Tennessee (Mr. Gordon) is unqualified for the office because the 
Constitution bars an incumbent from running for reelection without 
first resigning his or her seat and being an inactive member of the 
State Bar Association. The contestant makes no allegations of 
irregularities, fraud, or wrongdoing in respect to the election of the 
sixth congressional seat.
  The committee finds that challenges to the qualifications of a 
Member-elect to serve in the Congress fall outside the purview of the 
FCEA, which was designed to consider allegations relating to the actual 
conduct of an election. Consequently, the committee concludes that the 
contestant's arguments regarding the qualifications of the gentleman 
from Tennessee (Mr. Gordon) to serve in Congress do not constitute 
grounds sufficient to change the results of the election and, 
therefore, recommends that this election contest be dismissed.
  Again, in the frame of the other resolution, we had full support on 
this and deem it to be frivolous.
  Mr. LARSON of Connecticut. Mr. Speaker, further reserving my right to 
object, I rise in support of this resolution reported unanimously by 
the Committee on House Administration, to dismiss this frivolous 
election contest against our colleague, the gentleman from Tennessee 
(Mr. Gordon). The gentleman from Tennessee (Mr. Gordon) was reelected 
with 66 percent of the vote.
  Again, I would like to commend the gentleman from Ohio (Chairman Ney) 
for his fair-handed and fair-minded bipartisan cooperation that has 
been demonstrated throughout this process.
  Mr. NEY. Mr. Speaker, if the gentleman will yield again briefly under 
his reservation, I would like to thank our ranking member, the 
gentleman from Connecticut (Mr. Larson), and members of the committee 
for their work on these two issues.
  Mr. LARSON of Connecticut. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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