§ 382. Notice of contest

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. 1969

   Federal Contested Election Act

   Pub. L. 91–138 § 3 · 83 Stat. 284

   Enacted · 2 U.S.C. § 382

   Pub. L. 91–138, § 3, Dec. 5, 1969, 83 Stat. 284

   Source evidence

   Code source credit
   Pub. L. 91–138, § 3, Dec. 5, 1969, 83 Stat. 284

   Enacted provision · exact public law section
   Sec. 3. notice of contest (a) Whoever, having been a candidate for election to the House of Representatives in the last preceding election and claiming right to such office, intends to contest the election of a Member of the House of Representatives, shall, within thirty days after the result of such election shall have been declared by the officer or Board of Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee written notice of his intention to contest such election. (b) Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer thereto must be served upon contestant under section 4 of this Act within thirty days after service of such notice. Such notice shall be signed by contestant and verified by Isis oath or affirmation. (c) Service of the notice of contest upon contestee shall be made as follows: (1) by delivering a copy to him personally; (2) by leaving a copy at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; (3) by leaving a copy at his principal office or place of business with some person then in charge thereof; (4) by delivering a copy to an agent authorized by appointment to receive service of such notice; or (5) by mailing a copy by registered or certified mail addressed to contestee at ins residence or principal office or place of business. Service by mail is complete upon mailing; (6) the verified return by the person so serving such notice, setting forth the time and manner of such service shall be proof of same, and the return post office receipt shall be proof of the service of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to the Clerk promptly and in any event within the time during which the contestee must answer the notice of contest. Failure to make proof of service does not affect the validity of the service.

2. 1996

   House of Representatives Administrative Reform Technical Corrections Act

   Pub. L. 104–186 § 211(3)(A) · 110 Stat. 1718

   Struck · 2 U.S.C. § 382(a)

   Pub. L. 104–186, § 211(3)(A), struck out “to the House of Representatives” after “for election”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–186, § 211(3)(A), struck out “to the House of Representatives” after “for election”.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking out “to the House of Representatives”; and

3. 1996

   House of Representatives Administrative Reform Technical Corrections Act

   Pub. L. 104–186 § 211(3)(B) · 110 Stat. 1718

   Struck and inserted · 2 U.S.C. § 382(c)(4); 2 U.S.C. § 382(c)(5)

   Pub. L. 104–186, § 211(3)(B), struck out “or” at end of par. (4) and inserted “or” at end of par. (5)

   Source evidence

   Code amendment note
   Subsec. (c)(4), (5). Pub. L. 104–186, § 211(3)(B), struck out “or” at end of par. (4) and inserted “or” at end of par. (5).

   Enacted provision · exact public law section
   (B) in subsection (c)— (i) by striking out “or” after the semicolon at the end of paragraph (4); and (ii) by inserting “or” after the semicolon at the end of paragraph (5).

3 of 3 references resolved to an enrolled provision