§ 383. — Response of contestee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC383]
TITLE 2--THE CONGRESS
CHAPTER 12--CONTESTED ELECTIONS
Sec. 383. Response of contestee
(a) Answer
Any contestee upon whom a notice of contest as described in section
382 of this title shall be served, shall, within thirty days after the
service thereof, serve upon contestant a written answer to such notice,
admitting or denying the averments upon which contestant relies. If
contestee is without knowledge or information sufficient to form a
belief as to the truth of an averment, he shall so state and this shall
have the effect of a denial. Such answer shall set forth affirmatively
any other defenses, in law or fact, on which contestee relies. Contestee
shall sign and verify such answer by oath or affirmation.
(b) Defenses by motion prior to answer
At the option of contestee, the following defenses may be made by
motion served upon contestant prior to contestee's answer:
(1) Insufficiency of service of notice of contest.
(2) Lack of standing of contestant.
(3) Failure of notice of contest to state grounds sufficient to
change result of election.
(4) Failure of contestant to claim right to contestee's seat.
(c) Motion for more definite statement
If a notice of contest to which an answer is required is so vague or
ambiguous that the contestee cannot reasonably be required to frame a
responsive answer, he may move for a more definite statement before
interposing his answer. The motion shall point out the defects
complained of and the details desired. If the motion is granted and the
order of the committee is not obeyed within ten days after notice of the
order or within such other time as the committee may fix, the committee
may dismiss the action, or make such order as it deems just.
(d) Time for serving answer after service of motion
Service of a motion permitted under this section alters the time for
serving the answer as follows, unless a different time is fixed by order
of the committee: If the committee denies the motion or postpones its
disposition until the hearing on the merits, the answer shall be served
within ten days after notice of such action. If the committee grants a
motion for a more definite statement the answer shall be served within
ten days after service of the more definite statement.
(Pub. L. 91-138, Sec. 4, Dec. 5, 1969, 83 Stat. 285.)
Section Referred to in Other Sections
This section is referred to in sections 382, 386 of this title.
