Does a state recount get in the way of the House's own decision?
A state recount does not interfere with the House's constitutional power to judge its own elections.
No. A state recount of a House race does not get in the way of the House's own decision. The Supreme Court held in Roudebush v. Hartke, 405 U.S. 15 (1972), that a state recount is a valid exercise of the state's power and does not prevent the House from independently evaluating the election.
The Supreme Court settled this question in 1972
The case concerned the 1970 Indiana U.S. Senate election. The Supreme Court upheld the Indiana recount as a valid exercise of the state's Article I, Section 4 power. The Court held that a recount does not prevent the Senate from independently evaluating the election any more than the initial count does.
The same rule applies to House races
The reasoning in Roudebush applies to a U.S. House recount. Under Article I, Section 5, each House remains the judge of the elections, returns and qualifications of its own members. The Federal Contested Elections Act, 2 U.S.C. 381 to 396, is the statutory route for contesting a House election in the House.
Both the state and the House have a role
The state conducts the count under its election authority. The House retains its separate constitutional power to judge the election. A state recount does not usurp the House's authority.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. Does a state recount of a House race interfere with the House's power to judge its own elections?
No. Under Roudebush v. Hartke, 405 U.S. 15 (1972), a state recount of a congressional election does not usurp a chamber's power to judge its own members. The Supreme Court held that a recount does not prevent the Senate from independently evaluating the election any more than the initial count does. The same reasoning applies to a U.S. House recount.
Sources
- Roudebush v. Hartke, 405 U.S. 15 (1972) (Cornell LII), https://www.law.cornell.edu/supremecourt/text/405/15