the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.

(R.S. § 34.)

CODIFICATION

R.S. § 34 derived from act Apr. 3, 1794, ch. 17, 1 St. 353.

CROSS REFERENCE

Removal of public offices from seat of government because of prevalence of contagious or epidemic does ease, see section 73 of Title 4. Flag and Seal, Seat of Government, and the States.

[Exhibit 7]

ATTACHMENT TO AFFIDAVIT, RICHARD L. HIRSHBERG, MARCH 26, 1985

Comes now the Plaintiff State of Indiana, by its counsel, Linley E. Pearson, Attorney General of Indiana, and a member of the Bar of this Court, and respectfully moves the Court to expedite this matter for briefing and hearing, saying that:

1. This cause was docketed on March 5, 1985, as No. 102,

Original.

2. Pursuant to Rule 9.5 of the Rules of this Court, Defendants have sixty (60) days from that date to file their brief, if any, in opposition to Plaintiff's Motion for Leave to File Complaint now

pending before this Court, or until May 4, 1985.

3. Defendant United States House of Representatives is preparing

to recount the votes cast in the election for U.S. Representative in the Eighth Congressional District of Indiana, and a subcommittee of three (3) members of the House Administration Committee has been appointed to determine the rules and procedures for such proposed

recount.

4. Plaintiff State of Indiana contends that even though Article -I, §5 of the United States Constitution gives each House the right to judge the election of its own members, it must make such judgment in accordance with state law. Article I, §4 of the United States Constitution gives each state the power to determine the time, place, and manner of holding elections for representatives, subject to such alterations as Congress "by law" may make. Any power to judge an election must therefore be a power to judge the election of a member in accordance with state law. In Powell v. McCormack, 395 U.S. 486 (1969), this Court held that the House of Representatives could not, in judging the qulaifications of its members, impose any qualification not found in the Constitution. To permit the House, in judging an election, to ignore state law is to permit it to ignore the requirement that a member be elected by the people in the manner prescribed by state law, and to substitute instead a requirement not found in the Constitution, that is, a requirement that a member be elected under rules other than, and conflicting with, those set by state law. Powell, supra makes clear that the House cannot impose such a requirement for membership, since no such requirement is found in the Constitution. Moreover, the power to alter state laws

for the election of representatives is given not to the House, but to Congress as a whole, and such alteration must be "by law," i.e., by Act of Congress passed into law and signed by the President.

5. Despite Indiana's constitutional power to conduct elections for representatives, a majority of the House subcommittee appointed to determine rules and procedures for conducting a recount of the *vote in Indiana's election for U.S. Representative from the Eighth Congressional District of Indiana has announced that it plans to ignore Indiana law, specifically including Indiana statutes relating to the authentication and validation of ballots by precinct election officials.

6. Such a procedure would further violate and disparage the State of Indiana's constitutional right, power, and duty to prescribe the time, place, and manner of holding elections for

representatives.

7. Because of the continuing affront to Indiana's constitutional right to conduct elections for representatives, and the threat of imminent further and continuing invasion of that right by

Defendants, it is imperative that this matter be decided as quickly as possible.

WHEREFORE, Plaintiff State of Indiana respectfully moves the Court to expedite this matter, to order Defendants to file their response, if any, to Plaintiff's Motion for Leave to file Complaint no later than Monday, April 8, 1985, and to set this matter for