Unlike Mr. Trump and lots of different officers who’ve made election appeals to the House, Ms. Hart shouldn’t be claiming there was fraud at play in the consequence. Instead, her campaign has identified 22 ballots that they consider have been legally solid however “wrongfully” uncounted by state election officers throughout a districtwide recount in the autumn. Among them are ballots that have been solid curbside by disabled individuals however not accepted by voting machines, one which was discarded as a result of it was sealed with tape, one other that was signed in the mistaken place, and some that merely weren’t included in the tallying due to clerical errors.
If they’d been, Ms. Hart says that she, not Ms. Miller-Meeks, would have gained the election by 9 votes.
“Congress has an obligation to ensure not just that people have a right to vote, but a right to have their vote counted,” Marc E. Elias, Ms. Hart’s lawyer, advised reporters on Tuesday. “Right now, at its core, we have 22 voters who have had their right to have their vote counted denied.”
Lawyers for Ms. Miller-Meeks say Ms. Hart’s criticism quantities to a disagreement with the judgment of bipartisan state election officers who determined which ballots to depend. That, they argue, is solely not a adequate cause for the House to intervene, significantly after Ms. Hart declined to first press her case in Iowa state court docket final yr earlier than the competition was licensed.
“The idea that the House would intervene is an extraordinary step,” mentioned Alan R. Ostergren, a lawyer for Ms. Miller-Meeks, who has shortly earned a fame as a uncommon average in her social gathering. “Normally, a contestant would have to show fraud or irregularities. They would have to do more than she has done here, which is pointing out ordinary decisions about handling ballots and ordinary application of Iowa law.”
The battle might turn into expensive. Democrats on the committee have already retained outdoors counsel from Jenner & Block, a agency primarily based in Chicago, and Republicans have tapped Donald F. McGahn II, a former White House counsel and Republican elections lawyer, to advise them. The committee may additionally need to reimburse each candidates’ authorized charges, that are at present being coated by every of their social gathering’s marketing campaign committees.
Mr. Davis and Republicans on the Administration Committee have additionally accused Democrats of a “serious conflict of interest” as a result of Mr. Elias additionally represents a number of Democrats sitting in judgment of her case. Mr. Elias referred to as it “nonsense.”