Title 2The CongressRelease 119-73not60

§390 Penalty for Failure to Appear, Testify, or Produce Documents

Title 2 › Chapter 12— CONTESTED ELECTIONS › § 390

Last updated Apr 3, 2026|Official source

Summary

If a person is subpoenaed to testify or bring documents in a contested election and willfully fails to show up, or shows up but refuses to answer relevant questions, they commit a misdemeanor. They can be fined between $100 and $1,000, jailed for 1 to 12 months, or both.

Full Legal Text

Title 2, §390

The Congress — Source: USLM XML via OLRC

Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested election case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both.

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. § 390

Title 2The Congress

Last Updated

Apr 3, 2026

Release point: 119-73not60