2 U.S.C. § 383 — Response of contestee

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 370 words · no verdicts yet

in plain englishAI-generated · not legal advice

A contestee who is served a notice of contest must answer within 30 days. The answer must admit or deny the claims and state any defenses. Instead of answering, the contestee may first file certain motions or ask for a clearer notice.

(a) Answer. If a contestee (the person whose election is being challenged) is served with a notice of contest under section 382 of this title, the contestee has 30 days from service to serve the contestant with a written answer. The answer must admit or deny each claim the contestant makes. If the contestee doesn't know enough to say whether a claim is true, the contestee must say so — and that counts as a denial. The answer must also affirmatively state any other legal or factual defenses the contestee is relying on. The contestee must sign the answer and swear to it under oath or affirmation. (b) Defenses by motion prior to answer. Instead of answering right away, the contestee may first file a motion raising any of these defenses: (1) the notice of contest wasn't served properly; (2) the contestant doesn't have standing to bring the contest; (3) the notice of contest doesn't state grounds that could change the election result; or (4) the contestant failed to claim a right to the contestee's seat. (c) Motion for more definite statement. If the notice of contest is too vague or unclear for the contestee to reasonably answer, the contestee may move for a more definite statement before answering. The motion must point out exactly what's unclear and what details are needed. If the committee grants the motion and the contestant doesn't comply within 10 days of being notified of the order (or within whatever other time the committee sets), the committee may dismiss the contest or issue any other order it thinks is fair. (d) Time for serving answer after service of motion. Filing a motion under this section changes the deadline for the answer, unless the committee sets a different time. If the committee denies the motion, or puts off deciding it until the full hearing, the contestee must serve the answer within 10 days after being notified of that decision. If the committee grants a motion for a more definite statement, the contestee must serve the answer within 10 days after the more definite statement is served.

the actual law source: uscode.house.gov ↗public domain

(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.

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 credit: (Pub. L. 91–138, § 4, Dec. 5, 1969, 83 Stat. 285.)

history & why it existsrecord from the source credit

1969Enacted · Pub. L. 91-138 · 83 Stat. 285

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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