Reply #22: and this contest is described as "the last..." [View All]

[OnTheOtherHand]

"the last of such contests to be resolved by the Committee arising out of the November 1994 Congressional elections, all of which were brought by disappointed Republican candidates." (your link)

I suppose this underscores that Busby had recourse under the FCEA, if she had wanted to challenge the outcome in the House. AFAICT in the Rose case, North Carolina decided to certify the results in late November, so there was no conflict between the state and the House. What if the case had been active on the state level? House rules are (or at least have been) explicit that "the swearing in of a Member-elect to a contested seat is not a final determination over the right to that seat under the Federal Contested Elections Act" ( http://www.rules.house.gov/POP/pop107_01.htm ) -- so presumably state action could have proceeded without running afoul of the Constitution, until such time as the House made a final determination.

It's not clear (at least to me) whether the House could have opted to seat Bilbray conditionally even if no candidate contested under FCEA. If so, then presumably state action could have proceeded.