Federal Contested Elections Act

The Federal Contested Elections Act of 1969 (2 U.S.C. §§ 381 et seq.), also FCEA provides a procedure for candidates to the United States House of Representatives to contest general elections by filing with the Clerk of the House. The law delegates all matters involving contested elections first to the Committee on House Administration, which receives jurisdiction of such matters by the rules of the House.

Article I, Section 5 of the Constitution states that each House shall be the judge of its own elections, returns, and Member qualifications. Section 4 permits Congress to make laws to alter state regulations concerning elections. As a result, the House or Senate have final authority to decide a contested election, superseding even a state legislature or court. Court cases have held that House decisions of contested elections cannot be brought to the courts on appeal, even to the US Supreme Court and even if they are political in nature.

The law explains the process: the filing of a notice of contest by the loser of the election, the taking of testimony from witnesses, and the holding of hearings on the depositions and papers filed with the Clerk of the House. The burden of proof lies on the challenger to produce sufficient evidence to change the outcome of the election. An examination of a contested election may also be initiated by any member on the floor who wishes to challenge the legitimacy of another member's taking of the oath of office. The challenge begins in the form of a resolution. It is then referred to the Committee on House Administration for review. Individual electors from the state in question may also petition the House for a review of the election.

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