2 U.S.C. § 381

Definitions

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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.(Pub. L. 91–138, § 2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(1), (2), Aug. 20, 1996, 110 Stat. 1743, 1744.)Editorial NotesAmendments

1996—Pub. L. 104–186, § 211(1)(A)–(C), substituted “chapter:” for “chapter—” in introductory provisions, redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9).

Par. (1). Pub. L. 104–186, § 211(2)(A), substituted “, or Delegate or Resident Commissioner to, the Congress, but that term” for “or Resident Commissioner to the Congress of the United States, but”.

Par. (2). Pub. L. 104–186, § 211(2)(B), substituted “office of Representative in, or Delegate or Resident Commissioner to, the Congress” for “House of Representatives of the United States” in subpar. (A) and “House of Representatives” in subpar. (B).

Pub. L. 104–186, § 211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.

Pars. (3), (4). Pub. L. 104–186, § 211(2)(C), (D), struck out “of the United States” after “House of Representatives”.

Par. (5). Pub. L. 104–186, § 211(2)(E), substituted “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” for “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”.

Par. (6). Pub. L. 104–186, § 211(2)(F), struck out “of the United States” after “House of Representatives”.

Par. (7). Pub. L. 104–186, § 211(2)(G), substituted “House Oversight of the House of Representatives” for “House Administration of the House of Representatives of the United States”.

Par. (8). Pub. L. 104–186, § 211(2)(H), substituted “means a State of the United States and any territory or” for “includes territory and”.

Par. (9). Pub. L. 104–186, § 211(1)(A), (C), redesignated former subsec. (i) as par. (9).

Statutory Notes and Related SubsidiariesChange of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Effective Date

Pub. L. 91–138, § 19, Dec. 5, 1969, 83 Stat. 291, provided that: “The provisions of, and the repeals made by, this Act [enacting this chapter and repealing sections 201 to 226 of this title] shall apply with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after the date of enactment of this Act [Dec. 5, 1969].”

Short Title

Pub. L. 91–138, § 1, Dec. 5, 1969, 83 Stat. 284, provided that: “This Act [enacting this chapter and repealing sections 201 to 226 of this title] may be cited as the ‘Federal Contested Election Act’.”

Notes of Decisions

Cited in 7 cases, 1974–2018 · leading case: Gammage v. Compton, 548 S.W.2d 1 (Tex. 1977).

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Gammage v. Compton, 548 S.W.2d 1 (Tex. 1977). · cites it 10× “Thereafter, Paul filed this contest in the District Court of Harris County as well as a notice of contest with the United States House of Representatives under the Contested Elections Act, 2 U.S.C. § 381 , et seq. On January 4, 1977, Gammage was unconditionally sworn in as a…”

Dornan v. Sanchez, 978 F. Supp. 1315 (C.D. Cal. 1997). · cites it 5× “The court holds, among other things, the deposition subpoena provisions of the Federal Contested Elections Act, 2 U.S.C. § 381 and following, are constitutional.”

McIntyre v. Morgan, 624 F. Supp. 658 (S.D. Ind. 1985). · cites it 3× “, be destroyed at the expiration of six (6) months from the date of the election; and that the preservation of the election materials and ballots is necessary in order for plaintiff and others to pursue remedies for deprivation of their constitutional rights, and the maintenance…”

Baber v. Dunlap, 376 F. Supp. 3d 125 (D. Me. 2018). “I am unaware of any precedent in which the House of Representatives addressed a similar contest in the context of the Federal Contested Elections Act, 2 U.S.C. §§ 381 -396. There was significant debate over the Time, Place and Manner Clause during the first Continental Congress.”

Cooley v. Keisling, 45 F. Supp. 2d 818 (D. Or. 1999). “Doman involved a challenge by the contestant to the 1996 general election for the 46th Congressional District seat in the United States *823 House of Representatives under the Federal Contested Elections Act (“FCEA”), 2 U.S.C. § 381 et seq. 978 F.Supp. at 1317 .”

Dornan v. Sanchez, 955 F. Supp. 1210 (C.D. Cal. 1997). · cites it 2× “On first impression, it is held a court’s sole authorized participation in the Federal Contested Election Act, 2 U.S.C. § 381 and following, is to issue requested deposition subpoenas apparently regular on their face.”

LaCaze v. Johnson, 305 So. 2d 140 (La. Ct. App. 1974). “Article 1, Section 5, United States Constitution, 2 U.S.C.A. § 381 et seq. Our own Constitution and jurisprudence accords with this view.”

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