Indiana Man’s Suit for House Seat Dismissed

WASHINGTON —  A federal judge Friday dismissed a lawsuit filed by Republican Richard D. McIntyre, who contends that the House deprived him of his constitutional rights by refusing to seat him as the representative for Indiana’s 8th District.

U.S. District Judge June L. Green said the dispute is a political question in which the courts should not involve themselves.

“The court cannot interject itself into a matter which is within the primary dominion of the House of Representatives to judge the election of its members,” Green said in a 15-page opinion.

She disagreed with McIntyre’s assertion that he should have been able to take his case to court because the House had violated his rights to due process and free speech.

The House refused to seat either McIntyre or Democrat Frank McCloskey, the incumbent.

Immediately after the election last Nov. 6, McIntyre was certified by Indiana’s Republican secretary of state as the winner by 34 votes. A recount changed the margin to 418, but Democrats claim that it left thousands of votes in doubt because different standards were used in the 15 counties.