US (United States) Code. Title 2. Chapter 12: Contested elections

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Congress

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publicidad

-CITE-

2 USC CHAPTER 12 - CONTESTED ELECTIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

.

-HEAD-

CHAPTER 12 - CONTESTED ELECTIONS

-MISC1-

Sec.

381. Definitions.

382. Notice of contest.

(a) Filing of notice.

(b) Contents and form of notice.

(c) Service of notice; proof of service.

383. Response of contestee.

(a) Answer.

(b) Defenses by motion prior to answer.

(c) Motion for more definite statement.

(d) Time for serving answer after service of motion.

384. Service and filing of papers other than notice of contest.

(a) Modes of service.

(b) Filing of papers with clerk.

(c) Proof of service.

385. Default of contestee.

386. Deposition.

(a) Oral examination.

(b) Scope of examination.

(c) Order and time of taking testimony.

(d) Officer before whom testimony may be taken.

(e) Subpena.

(f) Taking of testimony by party or his agent.

(g) Conduct of examination; recordation of testimony;

notation of objections; interrogatories.

(h) Examination of deposition by witness; signature

of witness or officer; use of deposition.

387. Notice of depositions.

(a) Time for service; form.

(b) Testimony by stipulation.

(c) Testimony by affidavit; time for filing.

388. Subpena for attendance at deposition.

(a) Issuance.

(b) Time, method, and proof of service.

(c) Place of examination.

(d) Form.

(e) Production of documents.

389. Officer and witness fees.

390. Penalty for failure to appear, testify, or produce documents.

391. Certification and filing of depositions.

(a) Sealing of papers; deposit with clerk.

(b) Notification of filing.

(c) Copy of deposition to parties or deponents.

392. Record.

(a) Hearing on papers, depositions, and exhibits.

(b) Appendix to contestant's brief.

(c) Appendix to contestee's brief.

(d) Contestant's brief; service on contestee.

(e) Contestee's brief; service on contestant.

(f) Reply brief of contestant.

(g) Form of briefs; number of copies served and

filed.

393. Filing of pleadings, motions, depositions, appendixes, briefs,

and other papers.

394. Computation of time.

(a) Method of computing time.

(b) Service by mail.

(c) Enlargement of time.

395. Death of contestant.

396. Allowance of party's expenses.

-CITE-

2 USC Sec. 381 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 381. Definitions

-STATUTE-

For purposes of this chapter:

(1) 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.

(2) The term ''candidate'' means an individual (A) whose name

is printed on the official ballot for election to the office of

Representative in, or Delegate or Resident Commissioner to, the

Congress, or (B) notwithstanding his name is not printed on such

ballot, who seeks election to the office of Representative in, or

Delegate or Resident Commissioner to, the Congress by write-in

votes, provided that he is qualified for such office and that,

under the law of the State in which the congressional district is

located, write-in voting for such office is permitted and he is

eligible to receive write-in votes in such election.

(3) The term ''contestant'' means an individual who contests

the election of a Member of the House of Representatives under

this chapter.

(4) The term ''contestee'' means a Member of the House of

Representatives whose election is contested under this chapter.

(5) The term ''Member of the House of Representatives'' means

an incumbent Representative in, or Delegate or Resident

Commissioner to, the Congress, or an individual who has been

elected to such office but has not taken the oath of office.

(6) The term ''Clerk'' means the Clerk of the House of

Representatives.

(7) The term ''committee'' means the Committee on House

Oversight of the House of Representatives.

(8) The term ''State'' means a State of the United States and

any territory or possession of the United States.

(9) The term ''write-in vote'' means a vote cast for a person

whose name does not appear on the official ballot by writing in

the name of such person on such ballot or by any other method

prescribed by the law of the State in which the election is held.

-SOURCE-

(Pub. L. 91-138, Sec. 2, Dec. 5, 1969, 83 Stat. 284; Pub. L.

104-186, title II, Sec. 211(1), (2), Aug. 20, 1996, 110 Stat. 1743,

1744.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-186, Sec. 211(1)(A)-(C), substituted

''chapter:'' for ''chapter - '' in introductory provisions,

redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively,

and realigned margins of pars. (1) to (9).

Par. (1). Pub. L. 104-186, Sec. 211(2)(A), substituted '', or

Delegate or Resident Commissioner to, the Congress, but that term''

for ''or Resident Commissioner to the Congress of the United

States, but''.

Par. (2). Pub. L. 104-186, Sec. 211(2)(B), substituted ''office

of Representative in, or Delegate or Resident Commissioner to, the

Congress'' for ''House of Representatives of the United States'' in

subpar. (A) and ''House of Representatives'' in subpar. (B).

Pub. L. 104-186, Sec. 211(1)(D), redesignated pars. (1) and (2)

as subpars. (A) and (B), respectively.

Pars. (3), (4). Pub. L. 104-186, Sec. 211(2)(C), (D), struck out

''of the United States'' after ''House of Representatives''.

Par. (5). Pub. L. 104-186, Sec. 211(2)(E), substituted ''term

'Member of the House of Representatives' means an incumbent

Representative in, or Delegate or Resident Commissioner to, the

Congress, or an individual who has been elected to such office''

for ''term 'Member' means an incumbent Representative in or

Resident Commissioner to the Congress of the United States, or an

individual who has been elected to either of such offices''.

Par. (6). Pub. L. 104-186, Sec. 211(2)(F), struck out ''of the

United States'' after ''House of Representatives''.

Par. (7). Pub. L. 104-186, Sec. 211(2)(G), substituted ''House

Oversight of the House of Representatives'' for ''House

Administration of the House of Representatives of the United

States''.

Par. (8). Pub. L. 104-186, Sec. 211(2)(H), substituted ''means a

State of the United States and any territory or'' for ''includes

territory and''.

Par. (9). Pub. L. 104-186, Sec. 211(1)(A), (C), redesignated

former subsec. (i) as par. (9).

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE

Section 19 of Pub. L. 91-138 provided that: ''The provisions of,

and the repeals made by, this Act (enacting this chapter and

repealing sections 201 to 226 of this title) shall apply with

respect to any general or special election for Representative in,

or Resident Commissioner to, the Congress of the United States

occurring after the date of enactment of this Act (Dec. 5, 1969).''

SHORT TITLE

Pub. L. 91-138, Sec. 1, Dec. 5, 1969, 83 Stat. 284, provided

that: ''This Act (enacting this chapter and repealing sections 201

to 226 of this title) may be cited as the 'Federal Contested

Election Act'.''

-CITE-

2 USC Sec. 382 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 382. Notice of contest

-STATUTE-

(a) Filing of notice

Whoever, having been a candidate for election in the last

preceding election and claiming a right to such office, intends to

contest the election of a Member of the House of Representatives,

shall, within thirty days after the result of such election shall

have been declared by the officer of Board of Canvassers authorized

by law to declare such result, file with the Clerk and serve upon

the contestee written notice of his intention to contest such

election.

(b) Contents and form of notice

Such notice shall state with particularity the grounds upon which

contestant contests the election and shall state that an answer

thereto must be served upon contestant under section 383 of this

title within thirty days after service of such notice. Such notice

shall be signed by contestant and verified by his oath or

affirmation.

(c) Service of notice; proof of service

Service of the notice of contest upon contestee shall be made as

follows:

(1) by delivering a copy to him personally;

(2) by leaving a copy at his dwelling house or usual place of

abode with a person of discretion not less than sixteen years of

age then residing therein;

(3) by leaving a copy at his principal office or place of

business with some person then in charge thereof;

(4) by delivering a copy to an agent authorized by appointment

to receive service of such notice;

(5) by mailing a copy by registered or certified mail addressed

to contestee at his residence or principal office or place of

business. Service by mail is complete upon mailing; or

(6) the verified return by the person so serving such notice,

setting forth the time and manner of such service shall be proof

of same, and the return post office receipt shall be proof of the

service of said notice mailed by registered or certified mail as

aforesaid. Proof of service shall be made to the Clerk promptly

and in any event within the time during which the contestee must

answer the notice of contest. Failure to make proof of service

does not affect the validity of the service.

-SOURCE-

(Pub. L. 91-138, Sec. 3, Dec. 5, 1969, 83 Stat. 284; Pub. L.

104-186, title II, Sec. 211(3), Aug. 20, 1996, 110 Stat. 1744.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-186, Sec. 211(3)(A), struck out

''to the House of Representatives'' after ''for election''.

Subsec. (c)(4), (5). Pub. L. 104-186, Sec. 211(3)(B), struck out

''or'' at end of par. (4) and inserted ''or'' at end of par. (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 383, 394 of this title.

-CITE-

2 USC Sec. 383 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 383. Response of contestee

-STATUTE-

(a) Answer

Any contestee upon whom a notice of contest as described in

section 382 of this title shall be served, shall, within thirty

days after the service thereof, serve upon contestant a written

answer to such notice, admitting or denying the averments upon

which contestant relies. If contestee is without knowledge or

information sufficient to form a belief as to the truth of an

averment, he shall so state and this shall have the effect of a

denial. Such answer shall set forth affirmatively any other

defenses, in law or fact, on which contestee relies. Contestee

shall sign and verify such answer by oath or affirmation.

(b) Defenses by motion prior to answer

At the option of contestee, the following defenses may be made by

motion served upon contestant prior to contestee's answer:

(1) Insufficiency of service of notice of contest.

(2) Lack of standing of contestant.

(3) Failure of notice of contest to state grounds sufficient to

change result of election.

(4) Failure of contestant to claim right to contestee's seat.

(c) Motion for more definite statement

If a notice of contest to which an answer is required is so vague

or ambiguous that the contestee cannot reasonably be required to

frame a responsive answer, he may move for a more definite

statement before interposing his answer. The motion shall point

out the defects complained of and the details desired. If the

motion is granted and the order of the committee is not obeyed

within ten days after notice of the order or within such other time

as the committee may fix, the committee may dismiss the action, or

make such order as it deems just.

(d) Time for serving answer after service of motion

Service of a motion permitted under this section alters the time

for serving the answer as follows, unless a different time is fixed

by order of the committee: If the committee denies the motion or

postpones its disposition until the hearing on the merits, the

answer shall be served within ten days after notice of such

action. If the committee grants a motion for a more definite

statement the answer shall be served within ten days after service

of the more definite statement.

-SOURCE-

(Pub. L. 91-138, Sec. 4, Dec. 5, 1969, 83 Stat. 285.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 382, 386 of this title.

-CITE-

2 USC Sec. 384 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 384. Service and filing of papers other than notice of contest

-STATUTE-

(a) Modes of service

Except for the notice of contest, every paper required to be

served shall be served upon the attorney representing the party,

or, if he is not represented by an attorney, upon the party

himself. Service upon the attorney or upon a party shall be made:

(1) by delivering a copy to him personally;

(2) by leaving it at his principal office with some person then

in charge thereof; or if the office is closed or the person to be

served has no office, leaving it at his dwelling house or usual

place of abode with a person of discretion not less than sixteen

years of age then residing therein; or

(3) by mailing it addressed to the person to be served at his

residence or principal office. Service by mail is complete upon

mailing.

(b) Filing of papers with clerk

All papers subsequent to the notice of contest required to be

served upon the opposing party shall be filed with the Clerk either

before service or within a reasonable time thereafter.

(c) Proof of service

Papers filed subsequent to the notice of contest shall be

accompanied by proof of service showing the time and manner of

service, made by affidavit of the person making service or by

certificate of an attorney representing the party in whose behalf

service is made. Failure to make proof of service does not affect

the validity of such service.

-SOURCE-

(Pub. L. 91-138, Sec. 5, Dec. 5, 1969, 83 Stat. 286.)

-CITE-

2 USC Sec. 385 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 385. Default of contestee

-STATUTE-

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.

-SOURCE-

(Pub. L. 91-138, Sec. 6, Dec. 5, 1969, 83 Stat. 286.)

-CITE-

2 USC Sec. 386 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 386. Deposition

-STATUTE-

(a) Oral examination

Either party may take the testimony of any person, including the

opposing party, by deposition upon oral examination for the purpose

of discovery or for use as evidence in the contested election case,

or for both purposes. Depositions shall be taken only within the

time for the taking of testimony prescribed in this section.

(b) Scope of examination

Witnesses may be examined regarding any matter, not privileged,

which is relevant to the subject matter involved in the pending

contested election case, whether it relates to the claim or defense

of the examining party or the claim or defense of the opposing

party, including the existence, description, nature, custody,

condition and location of any books, papers, documents, or other

tangible things and the identity and location of persons having

knowledge of relevant facts. After the examining party has

examined the witness the opposing party may cross examine.

(c) Order and time of taking testimony

The order in which the parties may take testimony shall be as

follows:

(1) Contestant may take testimony within thirty days after

service of the answer, or, if no answer is served within the time

provided in section 383 of this title, within thirty days after the

time for answer has expired.

(2) Contestee may take testimony within thirty days after

contestant's time for taking testimony has expired.

(3) If contestee has taken any testimony or has filed testimonial

affidavits or stipulations under section 387(c) of this title,

contestant may take rebuttal testimony within ten days after

contestee's time for taking testimony has expired.

(d) Officer before whom testimony may be taken

Testimony shall be taken before an officer authorized to

administer oaths by the laws of the United States or of the place

where the examination is held.

(e) Subpena

Attendance of witnesses may be compelled by subpena as provided

in section 388 of this title.

(f) Taking of testimony by party or his agent

At the taking of testimony, a party may appear and act in person,

or by his agent or attorney.

(g) Conduct of examination; recordation of testimony; notation of

objections; interrogatories

The officer before whom testimony is to be taken shall put the

witness under oath and shall personally, or by someone acting under

his direction and in his presence, record the testimony of the

witness. The testimony shall be taken stenographically and

transcribed. All objections made at the time of examination to the

qualifications of the officer taking the deposition, or to the

manner of taking it, or to the evidence presented, or the conduct

of any party, and any other objection to the proceedings, shall be

noted by the officer upon the deposition. Evidence objected to

shall be taken subject to the objections. In lieu of participating

in the oral examination, a party served with a notice of deposition

may transmit written interrogatories to the officer, who shall

propound them to the witness and record the answers verbatim.

(h) Examination of deposition by witness; signature of witness or

officer; use of deposition

When the testimony is fully transcribed, the deposition shall be

submitted to the witness for examination and shall be read to or by

him, unless such examination and reading are waived by the witness

and the parties. Any changes in the form or substance which the

witness desires to make shall be entered upon the deposition by the

officer with a statement of the reasons given by the witness for

making them. The deposition shall be signed by the witness, unless

the parties by stipulation waive the signing or the witness is ill

or cannot be found or refuses to sign. If the deposition is not

signed by the witness, the officer shall sign it and note on the

deposition the fact of the waiver or of the illness or the absence

of the witness or the fact of refusal to sign together with the

reason, if any, given therefor; and the deposition may then be used

as fully as though signed, unless on a motion to suppress, the

committee rules that the reasons given for the refusal to sign

require rejection of the deposition in whole or in part.

-SOURCE-

(Pub. L. 91-138, Sec. 7, Dec. 5, 1969, 83 Stat. 286.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 387 of this title.

-CITE-

2 USC Sec. 387 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 387. Notice of depositions

-STATUTE-

(a) Time for service; form

A party desiring to take the deposition of any person upon oral

examination shall serve written notice on the opposing party not

later than two days before the date of the examination. The notice

shall state the time and place for taking the deposition and the

name and address of each person to be examined. A copy of such

notice, together with proof of such service thereof, shall be

attached to the deposition when it is filed with the Clerk.

(b) Testimony by stipulation

By written stipulation of the parties, the deposition of a

witness may be taken without notice. A copy of such stipulation

shall be attached to the deposition when it is filed with the

Clerk.

(c) Testimony by affidavit; time for filing

By written stipulation of the parties, the testimony of any

witness of either party may be filed in the form of an affidavit by

such witness or the parties may agree what a particular witness

would testify to if his deposition were taken. Such testimonial

affidavits or stipulations shall be filed within the time limits

prescribed for the taking of testimony in section 386 of this

title.

-SOURCE-

(Pub. L. 91-138, Sec. 8, Dec. 5, 1969, 83 Stat. 287.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 386 of this title.

-CITE-

2 USC Sec. 388 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 388. Subpena for attendance at deposition

-STATUTE-

(a) Issuance

Upon application of any party, a subpena for attendance at a

deposition shall be issued by:

(1) a judge or clerk of the United States district court for

the district in which the place of examination is located;

(2) a judge or clerk of any court of record of the State in

which the place of examination is located; or

(3) a judge or clerk of any court of record of the county in

which the place of examination is located.

(b) Time, method, and proof of service

Service of the subpena shall be made upon the witness no later

than three days before the day on which his attendance is

directed. A subpena may be served by any person who is not a party

to the contested election case and is not less than eighteen years

of age. Service of a subpena upon a person named therein shall be

made by delivering a copy thereof to such person and by tendering

to him the fee for one day's attendance and the mileage allowed by

section 389 of this title. Written proof of service shall be made

under oath by the person making same and shall be filed with the

Clerk.

(c) Place of examination

A witness may be required to attend an examination only in the

county wherein he resides or is employed, or transacts his business

in person, or is served with a subpena, or within forty miles of

the place of service.

(d) Form

Every subpena shall state the name and title of the officer

issuing same and the title of the contested election case, and

shall command each person to whom it is directed to attend and give

testimony at a time and place and before an officer specified

therein.

(e) Production of documents

A subpena may also command the person to whom it is directed to

produce the books, papers, documents, or other tangible things

designated therein, but the committee, upon motion promptly made

and in any event at or before the time specified in the subpena for

compliance therewith, may (1) quash or modify the subpena if it is

unreasonable or oppressive, or (2) condition denial of the motion

upon the advancement by the party in whose behalf the subpena is

issued of the reasonable cost of producing the books, papers,

documents, or tangible things. In the case of public records or

documents, copies thereof, certified by the person having official

custody thereof, may be produced in lieu of the originals.

-SOURCE-

(Pub. L. 91-138, Sec. 9, Dec. 5, 1969, 83 Stat. 288.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 386 of this title.

-CITE-

2 USC Sec. 389 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 389. Officer and witness fees

-STATUTE-

(a) Each judge, clerk of court, or other officer who issues any

subpena or takes a deposition and each person who serves any

subpena or other paper herein authorized shall be entitled to

receive from the party at whose instance the service shall have

been performed such fees as are allowed for similar services in the

district courts of the United States.

(b) Witnesses whose depositions are taken shall be entitled to

receive from the party at whose instance the witness appeared the

same fees and travel allowance paid to witnesses subpenaed to

appear before the House of Representatives or its committees.

-SOURCE-

(Pub. L. 91-138, Sec. 10, Dec. 5, 1969, 83 Stat. 288.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 388 of this title.

-CITE-

2 USC Sec. 390 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 390. Penalty for failure to appear, testify, or produce

documents

-STATUTE-

Every person who, having been subpenaed as a witness under this

chapter to give testimony or to produce documents, willfully makes

default, or who, having appeared, refuses to answer any question

pertinent to the contested election case, shall be deemed guilty of

a misdemeanor punishable by fine of not more than $1,000 nor less

than $100 or imprisonment for not less than one month nor more than

twelve months, or both.

-SOURCE-

(Pub. L. 91-138, Sec. 11, Dec. 5, 1969, 83 Stat. 288.)

-CITE-

2 USC Sec. 391 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 391. Certification and filing of depositions

-STATUTE-

(a) Sealing of papers; deposit with clerk

The officer before whom any deposition is taken shall certify

thereon that the witness was duly sworn by him and that the

deposition is a true record of the testimony given by the witness.

He shall then securely seal the deposition, together with any

papers produced by the witness and the notice of deposition or

stipulation, if the deposition was taken without notice, in an

envelope endorsed with the title of the contested election case and

marked ''Deposition of (here insert name of witness)'' and shall

within thirty days after completion of the witness' testimony, file

it with the Clerk.

(b) Notification of filing

After filing the deposition, the officer shall promptly notify

the parties of its filing.

(c) Copy of deposition to parties or deponents

Upon payment of reasonable charges therefor, not to exceed the

charges allowed in the district court of the United States for the

district wherein the place of examination is located, the officer

shall furnish a copy of deposition to any party or the deponent.

-SOURCE-

(Pub. L. 91-138, Sec. 12, Dec. 5, 1969, 83 Stat. 289.)

-CITE-

2 USC Sec. 392 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 392. Record

-STATUTE-

(a) Hearing on papers, depositions, and exhibits

Contested election cases shall be heard by the committee on the

papers, depositions, and exhibits filed with the Clerk. Such

papers, depositions, and exhibits shall constitute the record of

the case.

(b) Appendix to contestant's brief

Contestant shall print as an appendix to his brief those portions

of the record which he desires the committee to consider in order

to decide the case and such other portions of the record as may be

prescribed by the rules of the committee.

(c) Appendix to contestee's brief

Contestee shall print as an appendix to his brief those portions

of the record not printed by contestant which contestee desires the

committee to consider in order to decide the case.

(d) Contestant's brief; service on contestee

Within forty-five days after the time for both parties to take

testimony has expired, contestant shall serve on contestee his

printed brief of the facts and authorities relied on to establish

his case together with his appendix.

(e) Contestee's brief; service on contestant

Within thirty days of service of contestant's brief and appendix,

contestee shall serve on contestant his printed brief of the facts

and authorities relied on to establish his case together with his

appendix.

(f) Reply brief of contestant

Within ten days after service of contestee's brief and appendix,

contestant may serve on contestee a printed reply brief.

(g) Form of briefs; number of copies served and filed

The form and length of the briefs, the form of the appendixes,

and the number of copies to be served and filed shall be in

accordance with such rules as the committee may prescribe.

-SOURCE-

(Pub. L. 91-138, Sec. 13, Dec. 5, 1969, 83 Stat. 289.)

-CITE-

2 USC Sec. 393 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 393. Filing of pleadings, motions, depositions, appendixes,

briefs, and other papers

-STATUTE-

(a) Filings of pleadings, motions, depositions, appendixes,

briefs, and other papers shall be accomplished by:

(1) delivering a copy thereof to the Clerk of the House of

Representatives at his office in Washington, District of

Columbia, or to a member of his staff at such office; or

(2) mailing a copy thereof, by registered or certified mail,

addressed to the Clerk at the House of Representatives,

Washington, District of Columbia: Provided, That if such copy is

not actually received, another copy shall be filed within a

reasonable time; and

(3) delivering or mailing, simultaneously with the delivery or

mailing of a copy thereof under paragraphs (1) and (2) of this

subsection, such additional copies as the committee may by rule

prescribe.

(b) All papers filed with the Clerk pursuant to this chapter

shall be promptly transmitted by him to the committee.

-SOURCE-

(Pub. L. 91-138, Sec. 14, Dec. 5, 1969, 83 Stat. 289.)

-CITE-

2 USC Sec. 394 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 394. Computation of time

-STATUTE-

(a) Method of computing time

In computing any period of time prescribed or allowed by this

chapter or by the rules or any order of the committee, the day of

the act, event, or default after which the designated period of

time begins to run shall not be included. The last day of the

period so computed shall be included, unless it is a Saturday, a

Sunday, or a legal holiday, in which event the period shall run

until the end of the next day which is neither a Saturday, a

Sunday, nor a legal holiday. When the period of time prescribed or

allowed is less than seven days, intermediate Saturdays, Sundays,

and legal holidays shall be excluded in the computation. For the

purposes of this chapter, ''legal holiday'' shall mean New Year's

Day, Washington's Birthday, Memorial Day, Independence Day, Labor

Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other

day appointed as a holiday by the President or the Congress of the

United States.

(b) Service by mail

Whenever a party has the right or is required to do some act or

take some proceeding within a prescribed period after the service

of a pleading, motion, notice, brief, or other paper upon him,

which is served upon him by mail, three days shall be added to the

prescribed period.

(c) Enlargement of time

When by this chapter or by the rules or any order of the

committee an act is required or allowed to be done at or within a

specified time, the committee, for good cause shown, may at any

time in its discretion (1) with or without motion or notice, order

the period enlarged if request therefor is made before the

expiration of the period originally prescribed or as extended by a

previous order, or (2) upon motion made after the expiration of the

specified period, permit the act to be done where the failure to

act was the result of excusable neglect, but it shall not extend

the time for serving and filing the notice of contest under section

382 of this title.

-SOURCE-

(Pub. L. 91-138, Sec. 15, Dec. 5, 1969, 83 Stat. 290.)

-CITE-

2 USC Sec. 395 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 395. Death of contestant

-STATUTE-

In the event of the death of the contestant, the contested

election case shall abate.

-SOURCE-

(Pub. L. 91-138, Sec. 16, Dec. 5, 1969, 83 Stat. 290.)

-CITE-

2 USC Sec. 396 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 12 - CONTESTED ELECTIONS

-HEAD-

Sec. 396. Allowance of party's expenses

-STATUTE-

The committee may allow any party reimbursement from the

applicable accounts of the House of Representatives of his

reasonable expenses of the contested election case, including

reasonable attorneys fees, upon the verified application of such

party accompanied by a complete and detailed account of his

expenses and supporting vouchers and receipts.

-SOURCE-

(Pub. L. 91-138, Sec. 17, Dec. 5, 1969, 83 Stat. 290; Pub. L.

104-186, title II, Sec. 211(4), Aug. 20, 1996, 110 Stat. 1744.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-186 substituted ''applicable accounts'' for

''contingent fund''.

-CITE-