2 U.S.C. § 385

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)
Section 385 - Default of contestee

The failure of contestee to answer the notice of contest or to otherwise defend as provided by this chapter shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee's seat.

2 U.S.C. § 385

Pub. L. 91-138, §6, Dec. 5, 1969, 83 Stat. 286.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91-138 set out as a note under section 381 of this title.

contestant
The term "contestant" means an individual who contests the election of a Member of the House of Representatives under this chapter.
contestee
The term "contestee" means a Member of the House of Representatives whose election is contested under this chapter.
election
The term "election" means an official general or special election to choose a Representative in, or Delegate or Resident Commissioner to, the Congress, but that term does not include a primary election, or a caucus or convention of a political party.