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Title 2 — The Congress

Chapter 12 — Contested Elections

§ 385. Default of contestee

Statutory text

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

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 § 6 · 83 Stat. 284

    Enacted · 2 U.S.C. § 385

    (Pub. L. 91–138, § 6, Dec. 5, 1969, 83 Stat. 286.)

    Source evidence

    Code source credit
    (Pub. L. 91–138, § 6, Dec. 5, 1969, 83 Stat. 286.)

    Enacted provision · exact public law section
    Sec. 6. default of contestee The failure of contestee to answer the notice of contest or to otherwise defend as provided by this Act 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.

1 of 1 references resolved to an enrolled provision

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 , see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

Credits

(Pub. L. 91–138, § 6, , 83 Stat. 286.)

Parsed from the official OLRC USLM XML in data/usc_all/usc02.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t2/s385