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2 U.S.C. § 381Definitions

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 329 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines the key terms used in the chapter on contesting House of Representatives elections. It explains words like "election," "candidate," "contestant," and "contestee." These definitions set who can challenge a House election and how the process works.

This section defines terms used throughout this chapter, which covers challenges to House of Representatives elections. (1) "Election" means an official general or special election for U.S. Representative, Delegate, or Resident Commissioner. It does not include a primary election or a political party's caucus or convention. (2) "Candidate" means a person who either (A) has their name printed on the official ballot for that office, or (B) doesn't appear on the ballot but seeks the office through write-in votes — as long as they are legally qualified for the office, the state allows write-in voting for it, and they're eligible to receive write-in votes there. (3) "Contestant" means someone who challenges a House member's election under this chapter. (4) "Contestee" means the House member whose election is being challenged under this chapter. (5) "Member of the House of Representatives" means a sitting Representative, Delegate, or Resident Commissioner, or someone elected to that office who hasn't yet taken the oath. (6) "Clerk" means the Clerk of the House of Representatives. (7) "Committee" means the House Committee on House Oversight. (8) "State" means any U.S. state, territory, or possession. (9) "Write-in vote" means a vote for someone whose name isn't printed on the official ballot, cast by writing in that person's name or by any other method the state's law allows.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Pub. L. 91–138, § 2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(1), (2), Aug. 20, 1996, 110 Stat. 1743, 1744.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-138 · 83 Stat. 284
  • 1996Amended · Pub. L. 104-186 · 110 Stat. 1743, 1744

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-138 on 1969-12-05.

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