Dornan

ORDER

The court holds, among other things, the deposition subpoena provisions of the Federal Contested Elections Act, 2 U.S.C. § 381 and following, are constitutional.

I. BACKGROUND

By less than a thousand votes, incumbent Robert Dornan was defeated by challenger Loretta Sanchez in the 1996 general election for the 46th Congressional District seat in the United States House of Representatives. Dornan filed an election contest in the House of Representatives under the Federal Contested Elections Act (referred to as “FCEA” or “the Act”) 2 U.S.C. § 381 and following. That contest is currently pending before the House of Representatives Committee on House Oversight.

Under the discovery authority of FCEA, Dornan requested this court to issue numerous subpoenas for depositions and extensive production of documents. This court previously held a court’s only authorized participation in the FCEA is to issue requested deposition subpoenas apparently regular on their face. Dornan v. Sanchez, 955 F.Supp. 1210, 1211 (C.D.Cal.1997) (construing 2 U.S.C.. § 388(a) and other provisions of the Act). Dornan served a large number of issued subpoenas, and numerous discovery disputes followed.

In…