North Carolina Ninth Congressional District: Status Unchanged

The updates on the North Carolina 9thcongressional district consist largely of things that have not happened. First, not surprisingly, no one has been sworn in to represent the district in the new Congress. Second, no one has been issued a certificate of election, although Republican candidate Mark Harris has filed suit asking a court to order the state elections board to issue him such a certificate. Third, while some investigation into the election by state election authorities continues, formal proceedings are on hold until a new state board of elections is constituted on January 31. Fourth, and somewhat more surprisingly, the House has not taken any formal action to assert jurisdiction or commence an investigation regarding the election, although House Democrats have been having discussions about possible next steps. A good summary of these nondevelopments can be found here.

It appears House leaders are inclined to wait on the outcome of the state election proceedings, unless a court should order Harris certified (in which case the House would refuse to seat Harris and commence its own investigation). They seem to be hoping that the state board of elections will order a new election, thereby obviating the need for the House to take any action.

The problem with this passive approach is that it could take weeks or months for the new state election board to act. Moreover, as suggested in my last post, there are questions about the interaction of the House’s authority to declare a vacancy, the governor’s authority to call a special election in the event of a vacancy, and the state board’s authority to order new elections under state law. These questions and uncertainties could further delay congressional representation for the 9th district.

In the meantime, the House seems to recognize that there is no vacancy in the North Carolina 9th congressional district. Up until yesterday the Clerk’s homepage showed the tally of members in the 116th Congress as including one vacancy, but that has now been changed to zero vacancies. The Clerk’s vacancies page confirms “there are no vacancies for the 1st Session of the 116th Congress.”

What this means for the Clerk’s authority over the empty congressional office remains to be seen. As of Tuesday afternoon, no one seemed to be in 132 Cannon (see photo of the uncollected mail). Unless the House takes further steps to empower the Clerk or someone else to manage the office or hire staff, the people of the district will have to look to their senators if they need constituent service.