WASHINGTON — It may fall on Congress to determine who has won the closest House race in 36 years.
The race in Iowa's 2nd District was decided by just six votes after a recount, with GOP state Sen. Mariannette Miller-Meeks appearing to defeat former Democratic state Sen. Rita Hart in the open seat race. State election officials certified the results Monday, and on Wednesday Hart announced she plans to appeal to the House to include ballots not included in the recount.
Hart could have challenged the results in court. But election challenges in Iowa must be completed by Dec. 8 and Hart's campaign did not believe that left enough time to resolve the issue.
Miller-Meeks' campaign attorney, Alan Ostergren, said in a statement that Hart "has chosen to avoid Iowa's judicial system because she knows that a fair, objective analysis of this election would show what we already know: Miller-Meeks won."
"Rita Hart has chosen a political process controlled by Nancy Pelosi over a legal process controlled by Iowa judges," Ostegren said. "All Iowans should be outraged by this decision."
Hart is filing a petition with the House Administration Committee under a 1969 law that lays out procedures for contesting state election results. She's asking that ballots that were legally cast but not included in the initial canvass be considered in the recount, which is prohibited under Iowa law.
"With a margin this small, it is critical that we take this next step to ensure Iowans' ballots that were legally cast are counted," Hart's campaign manager, Zach Meunier, said in a statement. Meunier said Hart would file the petition "in the weeks to come."
The Constitution makes the House the ultimate judge of the "elections, returns and qualifications" of its own members.
Under the 1969 contested elections law, Hart has the burden of proof and the law presumes an election as certified is valid, according to a report by the Congressional Research Service.
Hart must state "with particularity" her grounds for contesting the election and Miller-Meeks will be able to respond. Both sides can take sworn depositions and subpoena witnesses and documents. The House Administration Committee considers the objection and makes a report to the full House, which has to approve any recommendation to seat Hart or Miller-Meeks — or neither.
The outcome of the race remains uncertain in a House controlled narrowly by Democrats, since a victory for Miller-Meeks would mean Democrats lose another seat.
The district became a top GOP target after Democratic Rep.Dave Loebsack, who prevailed in tough election cycles including 2010 and 2014, opted to retire. President Donald Trump carried the 2nd District by 4 percentage points in 2016.
Democrats quickly coalesced around Hart, who ran unsuccessfully for lieutenant governor in 2018. Miller-Meeks, who challenged Loebsack three times before running for the open seat this year, had to fend off former Illinois Rep. Bobby Schilling in a primary. Miller-Meeks, a former ophthalmologist, is the former director of the Iowa Department of Public Health and a retired Army reservist.
