“The House Administration Committee is reviewing a challenge brought by defeated Iowa Democrat Rita Hart against freshman Republican Rep. Mariannette Miller-Meeks, who won the race by just six votes… Hart's team alleges that there are 22 ballots that should have been counted in the election and that if they had, she would have won by nine votes… The race was certified by the Iowa State Board of Canvassers — with bipartisan support — after a full recount.” NPR
The Constitution states that “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members.” Thus, “Losing candidates dissatisfied with state recount procedures may petition the relevant chamber of Congress to decide the outcome. These high stakes determinations are immune from judicial review.” National Constitution Center
Many on both sides call on the House to reject the challenge:
“By Hart’s own account, [the] alleged problems were all evident in November, before Iowa’s deadline for certifying the result. Yet instead of promptly raising these issues in Iowa’s courts, where they could be quickly adjudicated by a neutral judge under Iowa law and the Constitution, Hart and her lawyer took a very different approach: They waited three more weeks and then appealed directly to the House of Representatives itself, asking the House to nullify Iowa’s own election process…
“Trying to turn Congress into a national election board proved disastrous last month; and while a single congressional race might not seem to raise the same stakes as a presidential contest, Congress must take the longer view: If it grants Hart’s request to nullify Iowa’s entire process for adjudicating ballot disputes, then it will invite similar petitions from every other losing candidate who happens to be a member of the party that controls the House at a given moment.”
Adam J. White, The Bulwark
“Instead of going to the courts or another arbiter that the public might accept as neutral, Hart chose to contest the election in the Democratic-controlled House itself. That is her legal right, but asking an explicitly partisan body to overturn the certified results of an election to seat a member of that party can undermine people's faith in the democratic process… There is a long history of contested elections in the US House of Representatives. But that doesn't make it right in every instance — especially in an era in which election losses now produce cries of fraud or unfairness (however unfounded many of them may be)…
“Instead, we should reinforce a democratic norm that elections are final when certified or that losing candidates must use the more neutral procedures in state law to challenge the result. In addition, given that the Constitution vests ultimate authority in the House to judge the election of its own members, it should at least set up a truly bipartisan process for doing so. At a minimum, there should be an equal number of Democrats and Republicans on the committee that considers the dispute.”
Joshua A. Douglas, CNN
“Iowa’s bipartisan election process certified the results. Barring truly egregious errors, a partisan House majority should not reverse them. Democrats have the moral upper hand condemning Republican efforts to use legitimate means, such as election law changes and congressional objections, to undermine democracy. They should focus on expanding voter access and fighting gerrymandering and other pro-democracy reforms, not open themselves to charges of hypocrisy over a single House seat.”
Editorial Board, Washington Post
“In 1938, the last time the House kicked out a sitting Member over election disputes, New Hampshire voters seated him again in the next election. Democrats’ 1985 reversal of an Indiana election succeeded in the short term but invigorated Newt Gingrich’s rise to GOP leader. Few politicians think about long-term institutional interests anymore, but let’s hope there are enough worried about political blowback to stop Mrs. Pelosi from a power play that would deepen the rancor on Capitol Hill.”
Editorial Board, Wall Street Journal
Other opinions below.
“The hypocrisy on display in the Iowa case is stunning. Just two months ago, Democrats thundered that the call from Sen. Ted Cruz (R-Tex.) for a commission to look into the 2020 presidential election was seditious. Cruz’s proposal would have enabled Republican-controlled state legislatures to ‘change in their vote’ based on the commission’s findings… How is what the House Democrats are considering any different?…
“Continuing down this path would turn the partisan tensions in this country up to 11. Republican media would surely make the issue the object of their ire for months, noting in every opportunity how inconsistent such an act would be with Democratic rhetoric in the post-election ruckus. Such an argument would not be contained to the rightward elements of the media, either. The House has not unseated a sworn-in member due to an election challenge since 1938. Doing it now, and in the wake of the tumultuous 2020 election, would be national news and a big 2022 election issue.”
Henry Olsen, Washington Post
“It’s not quite the same argument that Trump and his legal team kept making in the aftermath of the election, but it’s not far off from it either. At least Trump appealed to state governments to change the election results in his favor…
“In this case, the House at least seems open to simply invalidating a certified election result in order to get the result they want, and simply because they can. That’s not an ‘optics’ problem. That’s an undermining-elections problem, and it’s a corruption problem. Is this one seat really worth it?”
Ed Morrissey, Hot Air
“Iowa’s bipartisan State Canvassing Board unanimously — I repeat, unanimously — voted to certify the election on Nov. 30… The fact that Democrats are even considering this after rightfully criticizing Trump over his post-election antics is a disgrace. The only difference between what Trump did and what Hart is attempting to do is that the latter could actually happen…
“Stealing a House seat would crater the already low confidence people have in elections. It would be a blatant power grab, and Republicans would have no choice but to retaliate once they claim the House majority, leading to yet another tit-for-tat battle of escalations, which would likely culminate in the serious erosion of the idea of free and fair elections in the United States.”
Zachary Faria, Washington Examiner
“There are obvious differences between Hart’s efforts and the false and reality-warping claims that undergirded Trump’s attempt at clinging to power. Hart is trying to get ballots counted that she argues were erroneously excluded. Trump tried to throw out legitimate votes for no legitimate reason other than wanting to remain in office…
“If the committee sides with Miller-Meeks… the Democratic members will effectively be tossing out 22 purportedly valid votes that could decide the outcome of an election. For a party that insisted every vote should count throughout Trump’s war on the election results and is now pushing a major election-reform bill through Congress, Democrats run the risk of not standing by their voters for one of their candidates when it actually matters.”
Matt Ford, New Republic
“The central difference between the two contests is that the results in Iowa depend on whether those 22 rejected ballots are included. There was no scenario in the presidential contest in 2020 in which there existed a quantifiable set of ballots that could have altered the result in one state, much less a sufficient number of states to affect the results of the electoral vote… That said, there is validity to the idea that overturning the results in Iowa would do the Democrats more political harm than good.”
Philip Bump, Washington Post
Dated but relevant: “[Hart’s] main contention [was] that Iowa law does not allow enough time for a fair, thorough recount process to decide a congressional election. She's right about that. Iowa Code requires that the contest court would have had to be formed and the recount launched, executed and concluded by Dec. 8…
“But going through that process would have demonstrated a commitment to having neutral Iowa arbiters resolve vote-counting problems instead of out-of-state partisans. And the option to go to the House would still have been available…
“With every election, there are ballots where a voter appears to have voted for more than one candidate, or skips voting in a race or makes a smudge that looks like a vote — or not. At every step in Iowa's process, bipartisan groups of Iowans gather in public to make decisions intended to honor a voter's intent. Hart could have granted a powerful endorsement to Iowa's election system by conceding.”
Editorial Board, Des Moines Register
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Janelle Shane