[House Report 119-52]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-52
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DISMISSING THE ELECTION CONTEST RELATING TO THE
OFFICE OF REPRESENTATIVE FROM THE TWENTY-
EIGHTH CONGRESSIONAL DISTRICT OF TEXAS
_______
April 9, 2025.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Steil, from the Committee on House Administration,
submitted the following
R E P O R T
[To accompany H. Res. 309]
The Committee on House Administration, having had under
consideration an original resolution dismissing the election
contest relating to the office of Representative from the
Twenty-Eighth Congressional District of Texas, reports the same
to the House with the recommendation that the resolution be
agreed to.
DISMISSING THE ELECTION CONTEST IN THE TWENTY-EIGHTH
CONGRESSIONAL DISTRICT OF TEXAS
The Committee on House Administration, having had under
consideration an original resolution dismissing the election
contest in the Twenty-Eighth District of Texas, reports the
same to the House with the recommendation that the resolution
be agreed to.
COMMITTEE ACTION
On March 11, 2025, by voice vote, a quorum being present,
the Committee agreed to a motion to report the resolution
favorably to the House.
COMMITTEE OVERSIGHT FINDINGS
In compliance with House rule XIII, clause 3(c)(1), the
Committee states that the findings and recommendations of the
Committee, based on oversight activities under House rule X,
clause 2(b)(1), are incorporated into the general discussion
section of this report.
STATEMENT OF BUDGET AUTHORITY AND RELATED ITEMS
The resolution does not provide new budget authority, new
spending authority, new credit authority, or an increase or
decrease in revenues or tax expenditures and a statement under
House rule XIII, clause 3(c)(2), and section 308(a)(1) of the
Congressional Budget Act of 1974 is not required.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
In compliance with House rule XIII, clause 3(c)(3), the
Committee states, with respect to H. Res. 309, that the
Director of the Congressional Budget Office did not submit a
cost estimate and comparison under section 402 of the
Congressional Budget Act of 1974.
STATEMENT OF FACTS
On February 11, 2025, Jay Furman (``Contestant'') filed a
Notice of Contest with the Clerk of the House of
Representatives pursuant to the Federal Contested Elections Act
(FCEA).\1\ Contestant ran as the nominee of the Republican
Party for the office of Representative to the United States
Congress representing the Twenty-Eighth Congressional District
of the State of Texas in the November 5, 2024, general
election. The other principal candidate for the Twenty-Eighth
Congressional District was incumbent Democrat Henry Cuellar
(``Contestee''). On November 25, 2024, the Texas Secretary of
State, Jane Nelson, along with Texas Governor Greg Abbott,
issued the Certificate of Election to the Clerk of the House of
Representatives, certifying Contestee as the winner of the
Twenty-Eighth Congressional District.
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\1\2 U.S.C. Sec. Sec. 381-96.
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BASIS OF CONTEST
In his Notice of Contest, Contestant alleges that the
official election results for the Twenty-Eighth Congressional
District were tainted by fraud and vote tampering, and that
absent such fraud and tampering, the election would have been
in favor of Contestant. Specifically, Contestant claims that
his name did not appear on some ballots, some mail-in ballots
were shredded, ballot boxes were not secured, and ineligible
voters participated in this election contest. Contestant is
asking that the House order a review to determine whether
election law violations occurred and a new election pursuant to
the authority in Article I Sec. 5 of the United States
Constitution.
STANDING
To have standing under the FCEA, a contestant must have
been a candidate for election to the House of Representatives
in the last preceding election and claim a right to the
Contestee's seat.\2\ Contestant was the Republican nominee and
his name appeared as a candidate for the Twenty-Eighth
Congressional District on the official ballot for the November
5, 2024 election, thereby satisfying the standing requirement.
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\2\2 U.S.C. Sec. 382(a).
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TIMING/NOTICE
FCEA requires that a contestant ``shall, within thirty days
after the result of such election shall have been declared by
the officer or Board of Canvassers authorized by law to declare
such result, file with the Clerk and serve upon the contestee
written notice of his intention to contest such election.''\3\
The Notice of Contest was filed with the Clerk of the House of
Representatives on February 11, 2025, which is after the
statutory deadline prescribed by the FCEA.
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\3\Id.
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ANALYSIS
The Committee finds that Contestant has failed to timely
file his notice of contest with the Clerk of the House of
Representatives. Under the FCEA, the deadline to file for
Contestant to file with the Clerk of the House of
Representatives to contest this election would have been
December 25, 2024, 30 days after the Secretary of State and
Governor of Texas officially certified the election results for
this contest. Contestant filed his notice of contest with the
Clerk on February 11, 2025, a date occurring after the
prescribed time period, therefore the Committee finds that this
claim must be dismissed due to untimely filing.
CONCLUSION
For the reasons discussed above, the Committee therefore
concludes that this contest should be dismissed.
[all]