Election recounts or challenges to congressional election results are thus initially conducted at the state level, including in the state courts, under the states' constitutional authority to administer federal elections, and are presented to the House of Representatives as the final judge of such elections. In Roudebush v. Hartke , the U.S. Supreme Court held that under this provision of the Constitution, the final determination of the right to a seat in Congress in an elections case is not reviewable by the courts because it is "a non-justiciable political question," and that each House of Congress in judging the elections of its own Members has the right under the Constitution to make "an unconditional and final judgment." In addition, the House has in the past, upon a challenge to the seating of a Member-elect, referred the question of the right to a seat in the House to the committee of jurisdiction (now the Committee on House Administration) for the committee to investigate and to report to the House for disposition. The FCEA, codified at 2 U.S.C. The contest under the FCEA is heard by the Committee on House Administration upon the record provided and established by the parties to the contest. After the contest is heard by the committee, the committee reports the results. Sections 381-396, sets forth procedures for contesting a seat in the House. Contents and Form of Notice

The FCEA requires that the notice of intention to contest "shall state with particularity the grounds upon which contestant contests the election," and shall state that an answer to the notice must be served upon the contestant within 30 days after service of the notice. Upon application by any party, a subpoena for attendance at a deposition and for the production of documents shall be issued by judges or clerks of the federal, state, and local courts of record. The record of the contested election case shall be composed of the papers, depositions, and exhibits filed with the Clerk of the House. A contested election procedure under the FCEA is directed at the question of who won the most votes and is "duly elected." It is not the proper vehicle to challenge the qualifications or eligibility of a Member-elect. An election contest brought under the FCEA to challenge a Member-elect's "qualifications" would most likely be subject to a motion to dismiss based on the failure of the contestant "to state grounds sufficient to change result of election," or a failure of contestant "to claim a right to contestee's seat." Challenges In the House Other than Under the Federal Contested Elections Act

		Procedures To Bring Matter Before Committee

As noted earlier, although in modern practice the Federal Contested Elections Act is the primary and (according to the Committee on House Administration) the preferred procedure to challenge an election in the House of Representatives, the committee of jurisdiction—now the Committee on House Administration—may obtain jurisdiction of an election challenge by way of a referral to the committee by the House upon a challenge by any Member or Member-elect of the House to the taking of the oath of office by another Member-elect. Motions adopted in the committee may direct an examination and recount of disputed ballots. Remedies Available to the Committee on House Administration Under the FCEA and Otherwise

In the course of its investigation, the Committee on House Administration has a number of remedies available, including
a recommendation of dismissal upon a motion to dismiss by the contestee, a recommendation on the seating of a certain candidate on the grounds that he or she received a majority of the valid votes cast, a recommendation to seek a recount and to investigate any fraud or irregularities in the voting process in various precincts, a recommendation to order the seating of a certain candidate after the committee has conducted a recount and investigation, and a recommendation that the returns from the election be rejected and that the seat be declared vacant and a new election be held.
Under the U.S. Constitution, each House of Congress has the express authority to be the judge of the "elections and returns" of its own Members (Article I, Section 5, clause 1). Although initial challenges and recounts for House elections are conducted at the state level under the state's authority to administer federal elections (Article I, Section 4, cl. 1), continuing contests may be presented to the House, which may make a conclusive determination of a claim to the seat.
In modern practice, the primary way for an election challenge to be heard by the House is by a candidate-initiated contest under the Federal Contested Elections Act, (FCEA, codified at 2 U.S.C. §§381-396). Under the FCEA, the candidate challenging an election (the "contestant"), must file a notice of an intention to contest within 30 days of state certification of the election results, stating "with particularity" the grounds for contesting the election. The contestee then has 30 days after service of the notice to answer, admitting or denying the allegations, and setting forth any affirmative defenses. Before answering a notice, the contestee may make a motion to the Committee on House Administration for a "more definite statement," pointing out the "defects" and the "details desired." If this motion is granted by the committee, the contestant would have 10 days to comply. Under the FCEA, the "burden of proof" is on the contestant, who must overcome the presumption of the regularity of an election, and its results, evidenced by the certificate of election presented by the contestee. The FCEA's contested election procedure is directed at the question of who won the most votes and is "duly elected." It is not the proper vehicle to challenge the qualifications or eligibility of a Member-elect. Indeed, an election contest brought under the FCEA challenging a Member-elect's qualifications would likely be subject to a motion to dismiss based on the failure of the contestant "to state grounds sufficient to change result of election," or a failure of contestant "to claim a right to contestee's seat." In the FCEA's adversarial proceeding, either party may take sworn depositions, seek subpoenas for the attendance of witnesses and production of documents, and file briefs to include any material they wish to put on the record. The FCEA specifies that the actual election contest "case" is heard by the committee, "on the papers, depositions and exhibits" filed by the parties, which "shall constitute the record of the case."
On less frequent occasions, the House may refer the question of the right to a House seat to the committee for it to investigate and report to the full House for disposition. In lieu of a record created by opposing parties, the committee may conduct its own investigation, take depositions, and issue subpoenas for witnesses and documents. Jurisdiction may be obtained in this manner from a challenge to the taking of the oath of office by a Member-elect, when the question of the final right to the seat is referred to the committee. In the past, committees investigating such questions have employed several investigative procedures, including impounding election records and ballots, conducting a recount, performing a physical examination of disputed ballots and registration documents, and interviewing and examining various election personnel in the state and locality.
Under either procedure, the committee will generally issue a report and file a resolution concerning the disposition of the case, to be approved by the full House. Specifically, the committee may recommend—and the House may approve by a simple majority vote—to affirm the right of the contestee to the seat, to seat the contestant, or to find that neither is entitled to be seated and declare a vacancy.