Page:United States Statutes at Large Volume 83.djvu/312

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[83 STAT. 284]
[83 STAT. 284]
PUBLIC LAW 91-000—MMMM. DD, 1969

284

PUBLIC LAW 91-138-DEC. 5, 1969

[83 STAT.

Public Law 91-138 December 5, 1969 AN ACT [H.R. 14195] To revise the law governing contests of elections of Members of the House of Representatives, and for other purposes. Federal Contested Election Act.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembted^

of the

SHORT TITLE SECTION

1. This Act may be cited as the "Federal Contested Election

Act". DEFINITIONS

SEC. 2. For purposes of this Act^— (a) The term "election" means an official general or special election to choose a Representative in or Resident Commissioner to the Congress of the United States, but does not include a primary election, or a caucus or convention of a political party. (b) The term "candidate" means an individual (1) whose name is printed on the official ballot for,election to the House of Representatives of the United States, or (2) notwithstanding his name is not printed on such ballot, who seeks election to the House of Representatives 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. (c) The term "contestant" means an individual who contests the election of a Member of the House of Representatives of the United States under this Act. (d) The term "contestee" means a Member of the House of Representatives of the United States whose election is contested under this Act. (e) The term "Member" means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices but has not taken the oath of office. (f) The term "Clerk" means the Clerk of the House of Representatives of the United States. (g) The term "committee" means the Committee on House Administration of the House of Representatives of the United States. (h) The term "State" includes territory and possession of the United States; (i) 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. NOTICE o r CONTEST

SEC. 3. (a) Whoever, having been a candidate for election to the House of Representatives 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 or 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) Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer