< United States Code < Title 2

Section 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.

Section 382. Notice of contest

Section 383. Response of contestee

Section 384. Service and filing of papers other than notice of contest

Section 385. Default of contestee

Section 386. Deposition

Section 387. Notice of depositions

Section 388. Subpena for attendance at deposition

Section 389. Officer and witness fees

(a) Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and each person who serves any subpena or other paper herein authorized shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the district courts of the United States.

(b) Witnesses whose depositions are taken shall be entitled to receive from the party at whose instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to appear before the House of Representatives or its committees.

Section 390. Penalty for failure to appear, testify, or produce documents

Section 391. Certification and filing of depositions

Section 392. Record

Section 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers

Section 394. Computation of time

Section 395. Death of contestant

In the event of the death of the contestant, the contested election case shall abate.

Section 396. Allowance of party’s expenses

The committee may allow any party reimbursement from the applicable accounts of the House of Representatives of his reasonable expenses of the contested election case, including reasonable attorneys fees, upon the verified application of such party accompanied by a complete and detailed account of his expenses and supporting vouchers and receipts.

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