How does a losing candidate challenge a House election, and how long do they have?

The Federal Contested Elections Act, 2 U.S.C. 382, gives the losing candidate 30 days after the result has been declared by the officer or Board of Canvassers authorized by law to declare it. The state officials, not Congress, declare the result. The losing candidate, called the contestant, must file written notice with the Clerk of the House and serve it on the winner, called the contestee.

After the notice is served, the contestant has 30 days to take testimony, then the contestee has 30 days, and the contestant may take rebuttal testimony within 10 days after that. A subpoenaed witness who willfully fails to appear or refuses to answer a pertinent question commits a misdemeanor punishable by a fine of $100 to $1,000, imprisonment of one to twelve months, or both.

The Committee on House Administration hears the case on the papers, depositions, and exhibits filed, plus the parties' briefs, rather than on live courtroom testimony. The committee may reimburse a party's reasonable expenses, including reasonable attorneys' fees, from House accounts.

The House has the power to judge the elections, returns and qualifications of its own members under Article I, Section 5 of the Constitution. The House can seat a member-elect who holds a valid certificate and resolve a contested election under the Federal Contested Elections Act, 2 U.S.C. 381 to 396. The Act is Public Law 91-138.