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2 USC CHAPTER 7 - CONTESTED ELECTIONS 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 7 - CONTESTED ELECTIONS

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CHAPTER 7 - CONTESTED ELECTIONS

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2 USC Sec. 201 to 226 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 7 - CONTESTED ELECTIONS

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Sec. 201 to 226. Repealed. Pub. L. 91-138, Sec. 18, Dec. 5, 1969,

83 Stat. 290

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The subject matter of former sections 201 to 226 of this title is

covered generally by chapter 12 of this title.

Section 201, R.S. Sec. 105, provided that whenever any person

intended to contest an election of any member of House of

Representatives he had to give notice in writing to that member

within thirty days of result of such election.

Section 202, R.S. Sec. 106, provided that a member of House of

Representatives whose election was contested serve an answer within

thirty days after service of notice upon him.

Section 203, R.S. Sec. 107; Mar. 2, 1875, ch. 119, Sec. 2, 18

Stat. 338, provided time and order for taking testimony.

Section 204, R.S. Sec. 108, provided for taking of depositions

upon notice to other party.

Section 205, R.S. Sec. 109, provided that testimony in contested

election cases could be taken at two or more places at same time.

Section 206, R.S. Sec. 110; June 7, 1878, ch. 160, 20 Stat. 99;

July 1, 1898, ch. 541, Sec. 38, 30 Stat. 555, made provision for

issuance of subpoenas by specified officers.

Section 207, R.S. Sec. 111, set forth requisite contents of

subpoenas.

Section 208, R.S. Sec. 112, authorized issuance of subpoenas by

justices of the peace.

Section 209, R.S. Sec. 113, made provision for taking of

depositions by written consent.

Section 210, R.S. Sec. 114, required that each witness be served

with a subpoena at least five days prior to date he was required to

attend.

Section 211, R.S. Sec. 115, exempted witness from attendance at

examinations out of county in which they resided or were served

with a subpoena.

Section 212, R.S. Sec. 116, mandated a $20 penalty to be

recovered by party issuing subpoena, and a possible indictment for

a misdemeanor, for failure of party summoned to attend or testify,

unless prevented by sickness or unavoidable necessity.

Section 213, R.S. Sec. 117, provided that depositions of

witnesses residing outside district be taken before any officer

authorized to take testimony in contested election cases in

district in which witness resided.

Section 214, R.S. Sec. 118, required selection of qualified

officers to officiate jointly with officer named in notice.

Section 215, R.S. Sec. 119, provided that at taking of any

deposition under this chapter, either party could appear and act in

person, or by agent or attorney.

Section 216, R.S. Sec. 120, made provision for examination of

witnesses through device of taking their depositions before a

qualified officer.

Section 217, R.S. Sec. 121, provided that testimony to be taken

by either party be confined to proof or disproof of facts alleged

or denied in notice and answer.

Section 218, R.S. Sec. 122, required officer to reduce to writing

testimony of witnesses, together with questions proposed by

parties, and have this writing duly attested by witnesses.

Section 219, R.S. Sec. 123, empowered officer to require

production of papers.

Section 220, R.S. Sec. 124, provided that taking of testimony

might, if so stated in notice, be adjourned from day to day.

Section 221, R.S. Sec. 125, provided that notice to take

depositions, with proof of service thereof, and a copy of the

subpoena, where one has been served, be attached to depositions

when completed.

Section 222, R.S. Sec. 126, provided that a copy of notice of

contest and of answer of returned member, be prefixed to

depositions taken and transmitted with them to Clerk of House of

Representatives.

Section 223, R.S. Sec. 127; Mar. 2, 1875, ch. 119, Sec. 1, 18

Stat. 338; Mar. 2, 1887, ch. 318, 24 Stat. 445, covered procedure

followed by Clerk of House of Representatives once the sealed

testimony was forwarded to him by officer who took testimony.

Section 224, R.S. Sec. 128, fixed witness fees to be paid by

party at whose instance witness was summoned.

Section 225, R.S. Sec. 129, provided that each officer employed

pursuant to this chapter be entitled to receive from party who

employed him, such fees as were allowed for similar services in

State wherein such service was rendered.

Section 226, R.S. Sec. 130; Mar. 3, 1879, ch. 182, Sec. 1, 20

Stat. 400, limited payments of expenses to contestee or contestant

to $2,000, and then, only upon filing of a detailed account of

expenses with Clerk of Committee on Elections.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to any general or special election

for Representative in, or Resident Commissioner to, the Congress of

the United States occurring after December 5, 1969, see section 19

of Pub. L. 91-138, set out as an Effective Date note under section

381 of this title.

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