As Bonchie explained in this story, the dispute over the outcome of the Iowa House race is now pending in the House Committee on Administration. The Democrat challenger, Rita Hart, made a deliberate decision after the recount of ballots to NOT file any election contest in the Iowa courts as was authorized by Iowa law. Instead, she filed the petition with the House that is now pending to have the “winning” candidate — as identified by Iowa election officials — Mariannette Miller-Meeks, disqualified from holding the seat on the basis that she did not receive a greater number of votes than Hart received.

The House has the final say under the Constitution with respect to the qualifications of any individual to serve as a member. Under the statute authorizing the petition filed by Hart, the Committee conducts an investigation. It can hear from witnesses, accept documentary evidence, conduct interviews in Iowa, and even conduct a recount of all the ballots on its own to come up with its own final vote tally.

Remarkably, if the Committee chooses to recount the ballots itself, the standards for what constitutes a “valid” ballot under Iowa law do not apply to such a recount by the House. Democrats who have majority control of the committee can fashion their own standards as to what should be deemed a “valid” vote, and may freely choose to ignore any limitations on the process established by Iowa law and court precedent.
The Committee, based on its investigation, makes a recommendation to the full House, and it is a vote of the entire House that determines the outcome of the Petition filed by Hart.