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Title 2 — The Congress

Chapter 12 — Contested Elections

§ 381. Definitions

Statutory text

For purposes of this chapter:

(1)

The term “election” means an official general or special election to choose a Representative in, or Delegate or Resident Commissioner to, the Congress, but that term does not include a primary election, or a caucus or convention of a political party.

(2)

The term “candidate” means an individual (A) whose name is printed on the official ballot for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress, or (B) notwithstanding his name is not printed on such ballot, who seeks election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election.

(3)

The term “contestant” means an individual who contests the election of a Member of the House of Representatives under this chapter.

(4)

The term “contestee” means a Member of the House of Representatives whose election is contested under this chapter.

(5)

The term “Member of the House of Representatives” means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office but has not taken the oath of office.

(6)

The term “Clerk” means the Clerk of the House of Representatives.

(7)

The term “committee” means the Committee on House Oversight of the House of Representatives.

(8)

The term “State” means a State of the United States and any territory or possession of the United States.

(9)

The term “write-in vote” means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal Contested Election Act

    Pub. L. 91–138 § 2 · 83 Stat. 284

    Enacted · 2 U.S.C. § 381

    Pub. L. 91–138, § 2, Dec. 5, 1969, 83 Stat. 284

    Source evidence

    Code source credit
    Pub. L. 91–138, § 2, Dec. 5, 1969, 83 Stat. 284

    Enacted provision · exact public law section
    Sec. 2. definitions For purposes of this Act— (a) The term “election” means an official general or special election to choose a Representative in or Resident Commissioner to the Congress of the United States, but does not include a primary election, or caucus or convention of a political party. (b) The term “candidate” means an individual (1) whose name is printed on the official ballot for election to the House of Representatives of the United States, or (2) notwithstanding his name is not printed on such ballot, who seeks election to the House of Representatives by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election. (c) The term “contestant” means an individual who contests the election of a Member of the House of Representatives of the United States under this Act. (d) The term “contestee” means a Member of the House of Representatives of the United States whose election is contested under this Act. (e) The term “Member” means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices but has not taken the oath of office. (f) The term “Clerk” means the Clerk of the House of Representatives of the United States. (g) The term “committee” means the Committee on House Administration of the House of Representatives of the United States. (h) The term “State” includes territory and possession of the United States. (i) The term “write-in vote” means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held.

  2. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(1)(A) · 110 Stat. 1718

    1. Substituted · 2 U.S.C. § 381

      Pub. L. 104–186, § 211(1)(A)–(C), substituted “chapter:” for “chapter—” in introductory provisions

    2. Redesignated · 2 U.S.C. § 381

      Pub. L. 104–186, § 211(1)(A)–(C), redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9)

    Source evidence

    Code amendment note
    Pub. L. 104–186, § 211(1)(A)–(C), substituted “chapter:” for “chapter—” in introductory provisions, redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9).

    Enacted provision · exact public law section
    (A) by redesignating subdivisions (a) through (i) as paragraphs (1) through (9), respectively;

  3. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(A) · 110 Stat. 1718

    Substituted · 2 U.S.C. § 381(1)

    Pub. L. 104–186, § 211(2)(A), substituted “, or Delegate or Resident Commissioner to, the Congress, but that term” for “or Resident Commissioner to the Congress of the United States, but”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 104–186, § 211(2)(A), substituted “, or Delegate or Resident Commissioner to, the Congress, but that term” for “or Resident Commissioner to the Congress of the United States, but”.

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  4. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(B) · 110 Stat. 1718

    Substituted · 2 U.S.C. § 381(2)

    Pub. L. 104–186, § 211(2)(B), substituted “office of Representative in, or Delegate or Resident Commissioner to, the Congress” for “House of Representatives of the United States” in subpar. (A) and “House of Representatives” in subpar. (B)

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 104–186, § 211(2)(B), substituted “office of Representative in, or Delegate or Resident Commissioner to, the Congress” for “House of Representatives of the United States” in subpar. (A) and “House of Representatives” in subpar. (B).

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  5. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(1)(D) · 110 Stat. 1718

    Redesignated · 2 U.S.C. § 381(2)

    Pub. L. 104–186, § 211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–186, § 211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.

    Enacted provision · exact public law section
    (D) in paragraph (2), as so redesignated by subparagraph (A)— (i) by striking out “(1) whose” and inserting in lieu thereof “(A) whose”; and (ii) by striking out “or (2)” and inserting in lieu thereof “or (B)”.

  6. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(C) · 110 Stat. 1718

    Struck · 2 U.S.C. § 381(3); 2 U.S.C. § 381(4)

    Pub. L. 104–186, § 211(2)(C), (D), struck out “of the United States” after “House of Representatives”

    Source evidence

    Code amendment note
    Pars. (3), (4). Pub. L. 104–186, § 211(2)(C), (D), struck out “of the United States” after “House of Representatives”.

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  7. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(E) · 110 Stat. 1718

    Substituted · 2 U.S.C. § 381(5)

    Pub. L. 104–186, § 211(2)(E), substituted “term ‘Member of the House of Representatives’ means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office” for “term ‘Member’ means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 104–186, § 211(2)(E), substituted “term ‘Member of the House of Representatives’ means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office” for “term ‘Member’ means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices”.

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  8. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(F) · 110 Stat. 1718

    Struck · 2 U.S.C. § 381(6)

    Pub. L. 104–186, § 211(2)(F), struck out “of the United States” after “House of Representatives”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 104–186, § 211(2)(F), struck out “of the United States” after “House of Representatives”.

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  9. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(G) · 110 Stat. 1718

    Substituted · 2 U.S.C. § 381(7)

    Pub. L. 104–186, § 211(2)(G), substituted “House Oversight of the House of Representatives” for “House Administration of the House of Representatives of the United States”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 104–186, § 211(2)(G), substituted “House Oversight of the House of Representatives” for “House Administration of the House of Representatives of the United States”.

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  10. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(2)(H) · 110 Stat. 1718

    Substituted · 2 U.S.C. § 381(8)

    Pub. L. 104–186, § 211(2)(H), substituted “means a State of the United States and any territory or” for “includes territory and”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 104–186, § 211(2)(H), substituted “means a State of the United States and any territory or” for “includes territory and”.

    Enacted provision · exact public law section
    (2) Section 2 of the Federal Contested Elections Act (2 U.S.C. 381), as amended by paragraph (1), is further amended—

  11. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 § 211(1)(A) · 110 Stat. 1718

    Redesignated · 2 U.S.C. § 381(9)

    Pub. L. 104–186, § 211(1)(A), (C), redesignated former subsec. (i) as par. (9)

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 104–186, § 211(1)(A), (C), redesignated former subsec. (i) as par. (9).

    Enacted provision · exact public law section
    (A) by redesignating subdivisions (a) through (i) as paragraphs (1) through (9), respectively;

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments

1996—Pub. L. 104–186, § 211(1)(A)–(C), substituted “chapter:” for “chapter—” in introductory provisions, redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9).

Par. (1). Pub. L. 104–186, § 211(2)(A), substituted “, or Delegate or Resident Commissioner to, the Congress, but that term” for “or Resident Commissioner to the Congress of the United States, but”.

Par. (2). Pub. L. 104–186, § 211(2)(B), substituted “office of Representative in, or Delegate or Resident Commissioner to, the Congress” for “House of Representatives of the United States” in subpar. (A) and “House of Representatives” in subpar. (B).

Pub. L. 104–186, § 211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.

Pars. (3), (4). Pub. L. 104–186, § 211(2)(C), (D), struck out “of the United States” after “House of Representatives”.

Par. (5). Pub. L. 104–186, § 211(2)(E), substituted “term ‘Member of the House of Representatives’ means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office” for “term ‘Member’ means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices”.

Par. (6). Pub. L. 104–186, § 211(2)(F), struck out “of the United States” after “House of Representatives”.

Par. (7). Pub. L. 104–186, § 211(2)(G), substituted “House Oversight of the House of Representatives” for “House Administration of the House of Representatives of the United States”.

Par. (8). Pub. L. 104–186, § 211(2)(H), substituted “means a State of the United States and any territory or” for “includes territory and”.

Par. (9). Pub. L. 104–186, § 211(1)(A), (C), redesignated former subsec. (i) as par. (9).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, .

Effective Date

Pub. L. 91–138, § 19, , 83 Stat. 291, provided that: “The provisions of, and the repeals made by, this Act [enacting this chapter and repealing sections 201 to 226 of this title] shall apply with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after the date of enactment of this Act [].”

Short Title

Pub. L. 91–138, § 1, , 83 Stat. 284, provided that: “This Act [enacting this chapter and repealing sections 201 to 226 of this title] may be cited as the ‘Federal Contested Election Act’.”

Credits

1969–1996 · 2 acts
  1. 1969Pub. L. 91–138, § 2, , 83 Stat. 284
  2. 1996Pub. L. 104–186, title II, § 211(1), (2), , 110 Stat. 1743, 1744.
Show as published

(Pub. L. 91–138, § 2, , 83 Stat. 284; Pub. L. 104–186, title II, § 211(1), (2), , 110 Stat. 1743, 1744.)

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