Title 2, The CongressRelease 119-102
§385 Default of Contestee
Title 2 › CHAPTER 12 — CONTESTED ELECTIONS › § 385
Summary
If the person being challenged doesn't answer or defend, that doesn't count as admitting the claims; the challenger still must prove they are entitled to the seat.
Full Legal Text
Title 2, §385
The Congress, Source: USLM XML via OLRC
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
2 U.S.C. § 385
Title 2, The Congress
Last Updated
Aug 21, 2026
Release point: 119-102