§ 381. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC381]
TITLE 2--THE CONGRESS
CHAPTER 12--CONTESTED ELECTIONS
Sec. 381. Definitions
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.
(Pub. L. 91-138, Sec. 2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104-186,
title II, Sec. 211(1), (2), Aug. 20, 1996, 110 Stat. 1743, 1744.)
Amendments
1996--Pub. L. 104-186, Sec. 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, Sec. 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, Sec. 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, Sec. 211(1)(D), redesignated pars. (1) and (2) as
subpars. (A) and (B), respectively.
Pars. (3), (4). Pub. L. 104-186, Sec. 211(2)(C), (D), struck out
``of the United States'' after ``House of Representatives''.
Par. (5). Pub. L. 104-186, Sec. 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, Sec. 211(2)(F), struck out ``of the
United States'' after ``House of Representatives''.
Par. (7). Pub. L. 104-186, Sec. 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, Sec. 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, Sec. 211(1)(A), (C), redesignated former
subsec. (i) as par. (9).
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, Jan. 6, 1999.
Effective Date
Section 19 of Pub. L. 91-138 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 [Dec. 5, 1969].''
Short Title
Pub. L. 91-138, Sec. 1, Dec. 5, 1969, 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'.''
