2 U.S.C. § 383: Response of contestee

Summary

If a person is served with a notice that someone is contesting their election, they must send a written answer to the challenger within 30 days. The answer must say which factual points they accept or deny. If they do not know enough to say, they must say so and that counts as a denial. The answer must also state any other defenses the person plans to use. The answer must be signed and sworn. Before answering, the person being challenged may instead file a motion raising one of four defenses: bad service, challenger has no standing, the notice does not give grounds that could change the election result, or the challenger did not claim the challenger’s own seat. If the notice is too vague, the person may ask for a clearer statement showing the defects and details needed. If the committee denies the motion or delays deciding until the hearing, the answer must be served within 10 days after that notice. If the committee orders a more definite statement, the answer must be served within 10 days after that clearer statement is served.

Title 2, §383

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(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.

(c)Motion for more definite statement

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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

§383 Response of Contestee

Summary

Title 2, §383

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

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