Tag Archives: IA-2

IA-2: Hart Concedes;
NM-1: Dems Nominate

Iowa Rep. Mariannette Miller-Meeks’ (R-Ottumwa)

By Jim Ellis

April 2, 2021 — Former Iowa state senator, Rita Hart (D), withdrew her challenge late Wednesday afternoon, before the House Administration Committee pertaining to Rep. Mariannette Miller-Meeks’ (R-Ottumwa) six-vote victory in the November election. Also, the New Mexico Democratic State Central Committee met virtually over the past two days in order to choose a congressional nominee to fill the state’s 1st District vacancy. The seat is in special election cycle because Deb Haaland resigned her federal legislative office in order to join the Biden cabinet as Interior Secretary. Details below:

Iowa

In a released statement, IA-2 challenger Hart said, “Despite our best efforts to have every vote counted, the reality is that the toxic campaign of political disinformation to attack this constitutional review of the closest congressional contest in 100 years has effectively silenced the voices of Iowans.”

In actuality, the miniscule victory margin is the first such result of this type since 1984, not in 100 years, when in a similar case the House of Representatives decided in early 1985 that then-Rep. Frank McCloskey (D-IN) was re-elected with a four-vote margin.

The IA-2 result was a point of controversy ever since the new Congress was sworn into office on Jan. 3. Instead of challenging the six-vote margin in the Iowa court system, Hart chose to bring her complaint directly to the House of Representatives. She claimed that Iowa election authorities has not counted 22 legal ballots that would have changed the final outcome. The officials retorted that they rejected the ballots for various reasons of noncompliance with state election laws.

After the body’s internal organization process was completed, the House Administration Committee voted on a 6-3 party line vote to hear Hart’s case. There had been much chatter in the news media and blogosphere during the past two weeks about the Democratic leadership wanting to award the seat to Hart, thus displacing Rep. Miller-Meeks who had been provisionally seated on Jan. 3 pending the outcome of the Hart challenge.

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IA-2 Controversy Heating Up

By Jim Ellis

IA-2 Republican congresswoman, Rep. Mariannette Miller-Meeks

March 31, 2021 — Iowa Democratic congressional candidate Rita Hart’s 2020 election result challenge has recently attracted significant media attention. With rhetoric sharpening on both sides over Rep. Mariannette Miller-Meeks’ (R-Ottumwa) state certified six-vote victory, let’s examine where the situation stands.

To review, Miller-Meeks held a 47-vote edge on the original canvass, a total that was reduced to just six votes after the state’s full recount. Miller-Meeks was certified the victor based upon the original final total, and then re-certified post recount. The bipartisan Iowa state canvassing board issued both certifications on unanimous votes.

The losing Democratic nominee, former state senator and 2018 lieutenant governor nominee Hart, filed her challenge directly with the US House instead of turning to the Iowa court system. She claims there are 22 uncounted votes that would change the outcome. The local Iowa election authorities rejected these ballots for various reasons. At the time of commencement for the new Congress, the House seated Miller-Meeks provisionally until the Hart challenge is resolved.

The motion was referred to the House Administration Committee, a panel of six Democrats and three Republicans. California Rep. Zoe Lofgren (D-San Jose), a close ally of Speaker Nancy Pelosi, is the committee chair. Illinois Rep. Rodney Davis (R-Taylorville) is the ranking Republican member. The committee held one hearing on the challenge and agreed on a partisan roll call vote to conduct an investigation and hear her case. The committee has not voted to remove Rep. Miller-Meeks, nor has the case been sent from the committee to the House floor.

Should the complaint come before the full body, and with a 6-3 Democratic majority on the Administration Committee, chances are strong that the Hart case will advance, the Democratic leadership may have a difficult time in obtaining the votes to remove Miller-Meeks.

They certainly would face a united Republican conference, meaning 211 votes assuming that Miller-Meeks would not be allowed to vote on her own seating. If they move after the April 24 Louisiana special election where a double-Democratic runoff assures them of gaining an extra seat and increasing the majority conference total to 220, they could afford to lose no more than four Democratic votes in order to successfully take the seat from Miller-Meeks and award it to Hart.

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Judge Orders Tenney Certified

By Jim Ellis

Former New York Rep. Claudia Tenney (R)

Feb. 9, 2021 — After more than three months of legal wrangling about whether former Rep. Claudia Tenney (R) defeated 116th Congress Rep. Anthony Brindisi (D-Utica) in New York’s 22nd Congressional District, a judicial ruling on Friday afternoon at last paves the way for a final certification from the New York State Board of Elections.

The NY-22 campaign is obviously the last to receive an initial final count. Another result, from the IA-2 contest that came down to a six-vote margin, is before in the House of Representatives. In this instance, the state of Iowa long ago certified that victory margin and Rep. Mariannette Miller-Meeks (R-Ottumwa) is provisionally seated pending a challenge referred to the House Administration Committee.

Returning to the New York situation, State Supreme Court of Oswego County Justice Scott DelConte early last week ordered election representatives from the eight counties, all or parts of which comprise the 22nd District, to appear in his court and certify the final totals, but he then suspended the order. This, after Brindisi appealed indicating that such a decision would cause him “irreparable harm.” Justice DelConte responded, saying he would take the motion under advisement until Feb. 5.

With his new ruling, Justice DelConte re-affirmed the previous order for the counties to send their certified totals to the state Board of Elections. The aggregate electoral sum will reflect a Tenney victory margin of 109 votes. The initial public count on Election Night ended with her leading by over 28,000 votes, which would drop to her trailing by just 14 tallies when the outstanding mail ballots from several counties were added. The post-election tabulation that included late-arriving votes from overseas and other ancillary ballots was then adjusted into a Tenney 12-vote edge and later 29, before yielding to an unofficial preliminary final count of a 122-vote spread.

Now, after the Justice has ruled on all contested votes – more than 600 after the two parties agreed on resolutions to an additional 500-plus ballots – a Tenney victory margin of 109 votes becomes the official final tally that will be transmitted to the state.

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NY-22 Vote on Brink of Certification

By Jim Ellis

Former New York Rep. Claudia Tenney (R)

Feb. 2, 2021 — After being suspended in political limbo for three months after Upstate New York voters cast their ballots, it appears that former Rep. Claudia Tenney (R) is on the threshold of being declared the winner of the disputed NY-22 contest.

State Supreme Court of Oswego County Justice Scott DelConte issued his ruling late Friday after weeks of hearings regarding disputes over more than 1,000 contested ballots and 2,100-plus individuals who registered to vote in a timely manner but whose documentation were not properly processed.

Justice DelConte released a 23-page ruling detailing his findings. As a result, it appears his acceptance or rejection of various ballots and a decision governing the mis-applied voter registrations allow Tenney to increase her lead from 29 votes to 122.

The justice first ordered Tioga County’s election officials, the only entity from the eight-county district that had no issues, to immediately certify their final totals. From the remaining seven counties with outstanding ballots, those election officials were ordered to appear in court Monday to count or remove votes at the Justice’s direction.

Once completed, the DelConte ruling ordered the counties to then implement a final canvass and certify their results by mid-day today. At this point, the final results from all eight counties will be sent to the State Elections Board in Albany for final certification.

In summary, the original totals found the two candidates, Tenney and 116th Congress incumbent Anthony Brindisi (D-Utica), separated by just 12 votes from the 317,727 ballots cast: 155,492 to 155,480, respectively, and including 6,755 votes for the Libertarian candidate. Through the ballot challenge period, we saw Brindisi moving ahead by 14 votes, and then back to Tenney’s most often reported 29-vote edge. It was only through Friday’s ruling when her advantage expanded to 122.

In all, 1,118 ballots were challenged. A total of 533 of those were withdrawn through agreement between the two campaigns, and after the two camps had resolved challenges to an additional 43 ballots. Three more ballots were “not preserved for judicial review.” Of the 609 challenges the justice considered, 470 were admitted to the count while 139 were rejected and ordered removed.

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IA-2: Hart Petitions the House

By Jim Ellis

IA-2 Republican congresswoman-elect Mariannette Miller-Meeks – or is she?

Dec. 4, 2020 — As things officially stand, Rita Hart, the Democratic nominee in the open IA-2 congressional district that occupies the southeastern part of the state, has lost to state Sen. Mariannette Miller-Meeks (R-Ottumwa) by a grand total of six votes from more than 393,000 ballots cast, but the challenge process from the Democrat is apparently not over.

Though the state has certified the race, Hart is reportedly preparing to take the results directly to the US House of Representatives, asking the House Administration Committee to investigate the counting process. Ultimately, the House itself has the power to seat all of its members.

Normally, any individual possessing a duly authorized certificate of election from the state’s official election administrator, usually the Secretary of State, is seated. There is precedence, however, for denying duly elected candidates their seats.

Under Iowa election law and procedure, Hart had another way to challenge the results. Her campaign staff claims that certain ballots were not counted in the original or recount process, and there are enough, they say, to flip the final outcome in Hart’s direction.

In Iowa, such a disputed election goes to a judicial panel over which the state Supreme Court Chief Justice presides. In addition to the Chief Justice, the high court then chooses four other judges from around the state to comprise the special panel. In this case, the judges would have had to declare an official winner by Dec. 8 in order to comply with Iowa law. The Hart campaign contended that was not adequate time to consider the ballot challenges, so they opted to petition the House itself.

Rep. Zoe Lofrgen (D-CA) chairs the House Administration Committee, which includes five additional Democrats, two more from California, and three Republicans. The other members are: Reps. Jamie Raskin (D-MD), Susan Davis (D-CA), G.K. Butterfield (D-NC), Marcia Fudge (D-OH), and Pete Aguilar (D-CA). The Republicans are Ranking Minority Member Rodney Davis (R-IL) and Reps. Mark Walker (R-NC), and Barry Loudermilk (R-GA).

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