2 U.S.C. § 385 — Default of contestee

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 55 words · no verdicts yet

in plain englishAI-generated · not legal advice

In a contested congressional election, the losing candidate (contestee) doesn't have to answer the challenge. Not answering doesn't count as admitting the challenger is right. The challenger still has to prove they deserve the seat.

If a contestee (the sitting member being challenged) doesn't respond to the notice of contest, or doesn't defend themselves as this chapter allows, that silence does not mean they admit the challenger's claims are true. Even so, the contestant (the challenger) still carries the burden of proving that the election results actually entitle the contestant to take the contestee's seat.

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

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 credit: (Pub. L. 91–138, § 6, Dec. 5, 1969, 83 Stat. 286.)

history & why it existsrecord from the source credit

1969Enacted · Pub. L. 91-138 · 83 Stat. 286

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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