In a letter to the state election board sent Friday evening, Rep. Zoe Lofgren also pointed out that a “certificate is not ultimately determinative of the House’s course of action.” | AP Photo Elections House Administration Democrats keeping close eye on North Carolina election

The top Democrat on the House Administration Committee is closely monitoring the ongoing investigation in North Carolina's contested 9th Congressional District, advising the state elections board to “preserve and protect” all of the evidence it has gathered.

Rep. Zoe Lofgren (D-Calif.), chair of the Administration Committee, raised the possibility that her panel could intervene to determine “the rightful claimant to the seat” in North Carolina. After election night, Republican Mark Harris held a 905-vote lead over Democrat Dan McCready in the vote count — but the election board subsequently refused to certify the results, citing election fraud allegations against a contractor for Harris' campaign and questions of ballot irregularities.


In a letter to the state election board sent Friday evening, Lofgren also pointed out that a “certificate is not ultimately determinative of the House’s course of action.”

House Democrats are treading carefully as they track the developments in North Carolina. On Monday, McCready and the board of elections submitted briefs to the Wake County Superior Court, as the court considers an effort by Harris to force certification of the election in his favor. The court has yet to set a hearing date.

Meanwhile, the elections board has indefinitely postponed its evidentiary hearing until a new board is established after Jan. 31.

There is little precedent for House Democrats to follow in the North Carolina race. It’s unclear if Democrats would try to declare the seat vacant should the investigation drag on.

Asked if House Administration would wait for the election to be certified before taking its own action, Lofgren said, "Well, I don’t know.”

“There’s no precedent for doing anything else,” Lofgren said. “On the other hand, every precedent had a first case, so we’ll see.”

Lofgren later added on Tuesday that she is “monitoring things closely.”

“This situation is unprecedented,” she said.

Rep. Jamie Raskin (D-Md.) said “it would not be unconstitutional” if the committee decided to declare the seat vacant before a certification is presented. But he added that members are not currently discussing such a course of action.