§ 382. — Notice of contest.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC382]
TITLE 2--THE CONGRESS
CHAPTER 12--CONTESTED ELECTIONS
Sec. 382. Notice of contest
(a) Filing of notice
Whoever, having been a candidate for election in the last preceding
election and claiming a 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 of 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) Contents and form of notice
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 383 of this title within
thirty days after service of such notice. Such notice shall be signed by
contestant and verified by his oath or affirmation.
(c) Service of notice; proof of service
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;
(5) by mailing a copy by registered or certified mail addressed
to contestee at his residence or principal office or place of
business. Service by mail is complete upon mailing; or
(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.
(Pub. L. 91-138, Sec. 3, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104-186,
title II, Sec. 211(3), Aug. 20, 1996, 110 Stat. 1744.)
Amendments
1996--Subsec. (a). Pub. L. 104-186, Sec. 211(3)(A), struck out ``to
the House of Representatives'' after ``for election''.
Subsec. (c)(4), (5). Pub. L. 104-186, Sec. 211(3)(B), struck out
``or'' at end of par. (4) and inserted ``or'' at end of par. (5).
Section Referred to in Other Sections
This section is referred to in sections 383, 394 of this title.