A lawyer for a Democrat who claims she won an election that state officials say she lost argued in a new filing that the House of Representatives can unseat the winner, overruling the election certification. Marc Elias wrote in a brief to the House Administration Committee that the panel should not take any action in regards to Rita Hart, the Democrat candidate, avoiding state court and going straight to the House. Elias says that neither the Federal Contested Elections Act (FCEA) or any other rule adopted by the House required Hart to first bring a contest in state court. “The plain language of the FCEA does not require a contestant to exhaust all state remedies before filing a notice of contest—a notable omission, given that Congress routinely includes statutory exhaustion requirements in other contexts. The Committee should not read into the FCEA an exhaustion requirement where none exists,” the lawyer argued …
Democrat Lawyer Marc Elias Says House Can Overturn Iowa Election, Avoiding State Court
March 24, 2021
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