[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[A. In General]
[Â§ 1. Constitutional Provisions; Historical Background]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 973-974]
 
                               CHAPTER 9
 
                           Election Contests
 
                             A. IN GENERAL
 
Sec. 1. Constitutional Provisions; Historical Back-
    ground



    This chapter sets forth the substantive and procedural aspects of 
an election contest brought to determine the right to a seat in the 
House. Emphasis is placed on contests initiated by defeated candidates, 
known as contestants. In the style of an election contest, the 
contestant's name is always given first.
    The format of this chapter differs in some respects from other 
chapters in this work. Following each precedent is a brief note 
identifying the election contest involved and a reference to the 
complete account of the contest. A comprehensive review of each contest 
will be found in the last division of this chapter (Sec. Sec. 46 et 
seq.).
    An appendix to this chapter has been included to cover election 
contests during the 65th through the 71st Congresses (1917-1931). It 
was thought necessary to include these cases even though outside the 
normal scope of these volumes, because no substantial coverage now 
exists of election contests during that period.(1)
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 1. For election contests considered prior to the 72d Congress, see, in 
        addition to the appendix to this chapter, 1 Hinds' Precedents 
        Sec. Sec. 634-844, 2 Hinds' Precedents Sec. Sec. 845-1135, 6 
        Cannon's Precedents Sec. Sec. 90-189, 7 Cannon's Precedents 
        Sec. Sec. 1721, 1722.
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    Election contests are to be distinguished from proceedings by the 
House to exclude or expel a Member, and from suits brought by an 
elector of the Member's district.(2)
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 2. Exclusion or expulsion proceedings, see Ch. 12, infra. Memorials 
        and other alternatives to statutory election contests are 
        briefly treated in Sec. 17, infra. See also Ch. 8, supra, which 
        includes a discussion of elections and election regulations.
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    Under section 4 of article I of the United States Constitution, the 
times, places, and manner of holding elections for Representatives 
shall be prescribed in each state by the legislature thereof but the 
Congress may at any time by law make or alter such regulations. As 
noted elsewhere in this work (see Chapter 8, supra), Congress has 
designated the date pursuant to that provision on which

[[Page 974]]

the elections for Representatives are to be held. Congress also by 
statute requires that all votes for Representatives in Congress be by 
written or printed ballot, or by voting machine, the use of which has 
been duly authorized by the state law (2 USC Sec. Sec. 7, 9).
    Under section 5 of article I of the Constitution, it is provided: 
``Each House shall be the Judge of the Elections, Returns and 
Qualifications of its own Mem-
bers. . . .''
    Recently, in Roudebush v. Hartke, 405 U.S. 15 (1972), the Court 
characterized the question of title to a seat in Congress as a 
``nonjustifiable political question.'' (3)
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 3. Congress has always regarded itself as the final judge of 
        elections. For example, the Committee on House Administration, 
        in a report dated May 24, 1972 (H. Rept. No. 92-1090), stated: 
        ``It is the committee's feeling that once the final returns in 
        any election have been ascertained, the determination of the 
        right of an individual to a seat in the House of 
        Representatives is in the sole and exclusive jurisdiction of 
        the House of Representatives under [section 5 of article I, 
        Constitution of United States].''
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    The extent to which a violation of the Corrupt Practices Act, 2 USC 
Sec. Sec. 241-256 (repealed), provided grounds for an election contest 
is discussed herein (4) but the limitations on campaign 
expenditures set forth in that statute are treated elsewhere in this 
work.(5)
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 4. See Sec. 10, infra.
 5. See Ch. 8, supra. The Corrupt Practices Act has been replaced by 
        the Federal Election Campaign Act of 1971, 2 USC Sec. Sec. 431 
        et seq.
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