Federal Contested Elections Act

Article I, Section 5 of the Constitution states: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members".

As a result, the House or Senate have final authority to decide a contested election, superseding even a state legislature or court.

After the Committee completes its examination of the election, it issues a report to the full House, in the form of a resolution with recommendations.

The resolution is subject to a motion to recommit (sending it back to committee) with instructions from the House to take further action.

While the State of Indiana certified the Republican, McIntyre, as the winner of the election, the House voted to seat the Democratic challenger, Frank McCloskey.

[4] The only substantive requirements for the notice are that the contestant must "state grounds sufficient to change [the] result of [the] election" and must "claim [the] right to [the] contestee's seat" in Congress.

[6] Traditionally, the Committee on House Administration appoints a bipartisan three-member task force to investigate and report on proceedings under the law.