[House Report 119-53]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-53
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DISMISSING THE ELECTION CONTEST RELATING TO THE
OFFICE OF REPRESENTATIVE FROM THE AT-LARGE
CONGRESSIONAL DISTRICT OF ALASKA
_______
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. 310]
The Committee on House Administration, having had under
consideration an original resolution dismissing the election
contest relating to the office of Representative from the At-
Large Congressional District of Alaska, reports the same to the
House with the recommendation that the resolution be agreed to.
DISMISSING THE ELECTION CONTEST IN THE AT-LARGE
CONGRESSIONAL DISTRICT OF ALASKA
The Committee on House Administration, having had under
consideration an original resolution dismissing the election
contest in the At-Large Congressional District of Alaska,
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. 310, 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 25, 2025, David Ambrose (``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 a candidate in the August 20, 2024
primary election for the office of Representative to the United
States Congress representing the At-Large Congressional
District of the State of Alaska. The principal candidates for
the At-Large Congressional District were incumbent Democrat
Mary Peltola and Republican Nick Begich III (``Contestee''),\2\
who ultimately prevailed in the November 5, 2024, general
election. On September 1, 2024, the State of Alaska certified
the primary results as follows: Incumbent Peltola received
55,166 votes, Contestee Begich received 28,803 votes and
Contestant received 154 votes. Under state law, the top four
finishing candidates in the primary election advance to the
general election. Contestant finished in ninth place and did
not advance to the November 5, 2024, general election.
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\1\2 U.S.C. Sec. Sec. 381-96.
\2\Alaska holds nonpartisan primary contests. As a result, while
Contestant's contest pertains to a primary election and Contestant did
not ultimately advance to compete in the general election, Contestant
did compete against Republican candidate Nick Begich III in the
primary, who later advanced to the general election, prevailed in the
general election contest, and is now the incumbent in the seat that
Contestant is challenging.
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BASIS OF CONTEST
In his Notice of Contest, Contestant alleges that the
official election results for the At-Large Congressional
District were tainted by fraud and misconduct by several
individuals, including Contestee. Contestant further alleges
had this fraud not occurred, Contestant would have advanced
from the August 20, 2024, primary election to the November 5,
2024, general election and ultimately prevailed to win the
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.\3\ FCEA also states that the House of
Representatives has jurisdiction over official general and
special elections, excluding a primary election, or a caucus or
convention of a political party. Since Contestant was a
candidate in the primary election for the At-Large
Congressional District of Alaska, and not a candidate in the
general election, Contestant therefore lacks standing.
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\3\2 U.S.C. Sec. 382(a).
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TIMING/NOTICE
The Notice of Contest was filed with the Clerk of the House
of Representatives on February 25, 2025, a date occurring after
the prescribed time period for filing set by the FCEA. However,
the timing of Contestant's filing is not relevant to the
determination of this claim, because Contestant lacks standing.
ANALYSIS
Under FCEA, the House of Representatives has jurisdiction
over official general and special elections, but that does not
include a primary election, or a caucus or convention of a
political party.\4\ Since Contestant was a candidate in the
primary election for the At-Large Congressional District of
Alaska and not a candidate in the general election, Contestant
lacks standing. The Committee finds that this claim must be
dismissed due to lack of standing.
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\4\2 U.S.C. Sec. 381(a).
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CONCLUSION
For the reasons discussed above, the Committee therefore
concludes that this contest should be dismissed.
[all]