ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

2 U.S.C. § 382Notice of contest

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 356 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells someone how to formally challenge the result of a House of Representatives election. The challenger must file and serve a written notice within 30 days of the result being declared. The notice must state the grounds for the challenge and be properly delivered to the sitting member.

(a) Filing of notice. Anyone who ran for a House seat in the last election and wants to contest who won must file a written notice with the Clerk of the House, and also deliver a copy to the winning member (the "contestee"). This must happen within 30 days after the official result was declared by the officer or board in charge of counting votes. (b) Contents and form of notice. The notice must clearly state the specific reasons the contestant is challenging the election. It must also tell the contestee that an answer is due, under section 383, within 30 days after the contestee is served with the notice. The contestant must sign the notice and swear to it under oath or affirmation. (c) Service of notice; proof of service. The notice can be delivered to the contestee in any of these ways: (1) handed to the contestee in person; (2) left at the contestee's home with someone at least 16 years old who lives there; (3) left at the contestee's main office or business with whoever is in charge there; (4) handed to an agent the contestee has authorized to accept it; or (5) mailed by registered or certified mail to the contestee's home or main office — mailing alone completes this kind of service. (6) The person who delivered the notice can prove it happened by filing a sworn statement describing when and how they served it; if it was mailed, the registered or certified mail receipt proves service. The contestant must give the Clerk proof of service promptly, and always before the contestee's deadline to answer runs out. But if proof of service is late or missing, that alone doesn't undo a service that actually happened.
the actual law source: uscode.house.gov ↗public domain
(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 or 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 credit: (Pub. L. 91–138, § 3, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(3), Aug. 20, 1996, 110 Stat. 1744.)

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

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case