By Aaron Blake
Rep.-elect Vern Buchanan (R-Fla.) will be seated when the 110th Congress is sworn in next week, despite a lawsuit contesting his victory that is unlikely to be resolved anytime soon.
Democrats have decided against refusing to seat Buchanan, which they could do with a majority vote. They instead will consider his status temporary until the state of Florida resolves alleged inconsistencies in his 369-vote victory last month. That process could take months.
Buchanan's opponent, Democrat Christine Jennings, says electronic voting machines failed to record thousands of votes in Sarasota County, where 18,000 ballots didn't include choices in the 13th District race. She has filed suit to obtain access to the voting machines' software and is seeking a revote.
Instead of refusing to seat Buchanan, Rep. Rush Holt (D-N.J.) announced Friday that he would be making a formal inquiry after Speaker-designate Nancy Pelosi takes control of the House on Thursday. Holt's action will make clear that nothing the House does should be construed as supporting the current position of the Florida secretary of state, who late last month certified Buchanan as the winner.
Should Jennings's contentions be validated by the Florida courts, the House would have the power to remove Buchanan.
"The thing to remember is each of us serves provisionally or conditionally," Holt said. "If it is determined that any of us doesn't meet the qualifications or was not duly elected, we're out of there. … Any member of Congress who is in a contested race shouldn't get too comfortable with the idea of being in Congress."
In a statement, Jennings said she supported the decision to seat Buchanan and the course of action by the Democratic leadership.
"It is important to protect the voters, and this step will ensure they are not left without a voice in Congress," Jennings said. "But it is also important to protect the rights of the thousands of voters who were disenfranchised during this election."
Buchanan's campaign claimed victory and emphasized that he will be sworn in as all other new members are.
"This confirms what the people of Florida's 13th District already know, that Vern Buchanan is the certified winner of the election and that he will be seated," spokeswoman Sally Tibbetts said.
http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/121306/buchanan.html
