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§ 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.



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