2 U.S.C. § 392

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 392 - Record

(a) Hearing on papers, depositions, and exhibits

Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.

(b) Appendix to contestant's brief

Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee.

(c) Appendix to contestee's brief

Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case.

(d) Contestant's brief; service on contestee

Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(e) Contestee's brief; service on contestant

Within thirty days of service of contestant's brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(f) Reply brief of contestant

Within ten days after service of contestee's brief and appendix, contestant may serve on contestee a printed reply brief.

(g) Form of briefs; number of copies served and filed

The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the committee may prescribe.

2 U.S.C. § 392

Pub. L. 91-138, §13, Dec. 5, 1969, 83 Stat. 289.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91-138 set out as a note under section 381 of this title.

Clerk: The term "Clerk" means the Clerk of the House of Representatives.
committee: The term "committee" means the Committee on House Oversight of the House of Representatives.
contestant: The term "contestant" means an individual who contests the election of a Member of the House of Representatives under this chapter.
contestee: The term "contestee" means a Member of the House of Representatives whose election is contested under this chapter.
election: 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.