This report examines only cases involving the question of whether a Member-elect was duly elected , that is, questions regarding elections and returns. Questions regarding qualifications (age, citizenship, and inhabitancy) are not the focus of this report. The case summaries highlight the nature of the contest and the disposition of the case. For more detailed information regarding each contest, it is important to consult relevant House records. This report is limited to those cases considered by the House of Representatives; cases decided at the state level are beyond the scope of this report. Furthermore, information contained in this report is derived solely from findings made by the reporting congressional committee or as documented in the Congressional Record ; CRS did not make any of the findings independently. For the purposes of this report, the term contestant refers to an individual who challenged the election of a Member-elect of the House of Representatives, and the term contestee refers to a Member or Member-elect of the House of Representatives whose election was challenged. Of these cases, a vast majority were resolved in favor of the contestee. Cases Where the Contestant Was Ultimately Seated

It appears that of the 107 contested election cases considered by the House since 1933, in at least 3 cases, the House ultimately seated the contestant, and in at least 1 case, the House ultimately refused to seat any individual. Generally, in the majority of the other cases, the contest was dismissed based on reasons including lack of evidence; a determination that voting irregularities, fraud, or misconduct were insufficient to affect the results of the election; failure to sustain the burden of proof necessary to award the contested seat to the contestant; and improper initiation of a contest or other procedural failures. Cases Where Member-elect Was Asked To "Step Aside" or "Remain Seated" on the First Day of a New Congress

Of the 107 contested election cases considered by the House since 1933, it appears that in at least 15 cases, the Member-elect was asked to "step aside" or "remain seated" while the oath of office was collectively administered to the other Members-elect on the first day of a new Congress. Of those 15 cases where a Member-elect was asked to step aside, it appears that in at least 2 instances, the Member-elect was subsequently administered the oath on an expressly provisional basis. In at least 2 of the 15 cases where a Member-elect was asked to step aside, the House declined to administer the oath of office to any Member-elect, deciding to wait until after the committee to which the question was referred had conducted an investigation and issued a report. In the remaining 11 of the 15 cases where a Member-elect was asked to step aside, in most instances, the House adopted a resolution providing merely that the Member-elect "be now permitted" to take the oath of office, with no specific reference to final determination of the right to the seat nor any express reference to a filed election contest. The contestant, Saunders, challenged the election in accordance with the Federal Contested Elections Act (FCEA), 2 U.S.C. 112th Congress

No election contests.
From 1933 to 2011 (the 73rd Congress through the 112th Congress), the U.S. House of Representatives considered 107 contested election cases. The vast majority of these cases were resolved in favor of the contestee, a term referring to a Member or Member-elect of the House of Representatives whose election was challenged. The term contestant refers to an individual who challenged the election of a Member-elect of the House of Representatives.
It appears that of the 107 contested election cases considered by the House since 1933, in at least three cases, the House ultimately seated the contestant, and in at least one case, the House ultimately refused to seat any individual, declaring a vacancy. In the majority of the other cases, the contest was dismissed based on reasons including lack of evidence; a determination that voting irregularities, fraud, or misconduct was insufficient to affect the results of the election; failure to sustain the burden of proof necessary to award the contested seat to the contestant; and improper initiation of a contest or other procedural failures.
With regard to procedures followed on the first day of a new Congress, of the 107 contested election cases considered by the House since 1933, it appears that in at least 15 cases, the Member-elect was asked to "step aside" or "remain seated" while the oath of office was collectively administered to the other Members-elect. Of those 15 cases where a Member-elect was asked to step aside, it appears that in at least 2 instances, the Member-elect was subsequently administered the oath on an expressly provisional basis. In at least 2 of the 15 cases where a Member-elect was asked to step aside, the House declined to administer the oath of office to that Member-elect, until after the committee to which the question was referred had conducted an investigation and issued a report. In the remaining 11 of the 15 cases where a Member-elect was asked to step aside, in most instances, the House adopted a resolution providing merely that the Member-elect "be now permitted" to take the oath of office, with no specific reference to final determination of the right to the seat nor any express reference to a filed election contest. As has been noted by House Parliamentarians, the seating of a Member-elect does not prejudice a contest pending under the Federal Contested Elections Act (FCEA) regarding the final right to a seat.
The summaries of contested election cases contained in this report focus primarily on the nature of the contest and the disposition of the case. For more detailed information regarding each contest, it is important to consult relevant House records. This report examines only cases considered by the House of Representatives involving the question of whether a Member-elect was duly elected, that is, questions regarding elections and returns, not questions regarding qualifications (age, citizenship, and inhabitancy). Cases decided at the state level are beyond the scope of this report. Furthermore, information contained in this report is derived solely from findings made by the reporting congressional committee or as documented in the Congressional Record; CRS did not make any of the findings independently.