§ 385. — Default of contestee.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC385]
TITLE 2--THE CONGRESS
CHAPTER 12--CONTESTED ELECTIONS
Sec. 385. Default of contestee
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.
(Pub. L. 91-138, Sec. 6, Dec. 5, 1969, 83 Stat. 286.)