(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 OF CONTEST

SEC. 3. (a) Whoever, having been a candidate for elec-
tion to the House of Representatives in the last preceding
election and claiming a right to such office, intends to con-
test the election of a Member of the House of Representa-
tives, 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.

"Member" is defined to embrace incumbents and Mem-
bers-elect. Existing law makes no mention of Members-
elect.

Definition is broad enough to embrace the actual writing
of the candidate's name on the ballot or insertion of name
by sticker or any other method permitted by State law.

Limits standing to contest election to person who was
candidate in the election being contested and who claims
the seat for himself. Thirty-day time limit is same as exist-
ing law. Filing of notice of contest with Clerk required in
order to bring case to official attention of House at incep-
tion, rather than at time of filing testimony as under exist-
ing law. Facilitates committee consideration of any mo-
tions filed by contestee prior to answer.

(b) Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer thereto must be served upon contestant under sec. 4 of this Act within 30 days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation.

be made as follows: (c) Service of the notice of contest upon contestee shall

(1) by delivering a copy to him personally;

(2) by leaving a copy at his dwelling house or usual
place of abode with a person of discretion not less than
16 years of age then residing therein;

(3) by leaving a copy at his principal office or place
of business with some person then in charge thereof;
(4) by delivering a copy to an agent authorized by
appointment to receive service of such notice;

(5) by mailing a copy by registered or certified
mail addressed to contestee at his residence or prin-
complete upon mailing; or
cipal office or place of business. Service by mail is

(6) The verified return by the person so serving
such notice, setting forth the time and manner of such
service shall be proof of same, and the return post of-
fice receipt shall be proof of the service of said notice
mailed by registered or certified mail as aforesaid.
Proof of service shall be made to the Clerk promptly
and in any event within the time during which the
contestee must answer the notice of contest. Failure
of the service.
to make proof of service does not affect the validity

Requirement of particularity affords contestee full notice
of the grounds on which his election is being challenged.
allegations of fact.
Verification of notice inhibits reckless and unconfirmed

Modes of service specified generally follow those pre-
scribed in Federal Rules of Civil Procedure for service of
process in civil actions in U.S. district courts, rule 4(d) (1).

ANSWER; DEFENSES MADE BY MOTION

SEC. 4. (a) Any contestee upon whom a notice of con-
test as described in section 3 shall be served, shall, within
thirty days after the service thereof, serve upon contestant
a written answer to such notice, admitting or denying the
averments upon which contestant relies. If contestee is
without knowledge or information sufficient to form a
belief as to the truth of an averment, he shall so state and
this shall have the effect of a denial. Such answer shall set
forth affirmatively any other defenses, in law or fact, on
which contestee relies. Contestee shall sign and verify such
answer by oath or affirmation.

(b) At the option of contestee the following defenses
may be made by motion served upon contestant prior to
contestee's answer:

(1) Insufficiency of service of notice of contest.
(2) Lack of standing of contestant.

(3) Failure of notice of contest to state grounds
sufficient to change result of election.

(4) Failure of contestant to claim right to con

testee's seat.

(c) If a notice of contest to which an answer is required
is so vague or ambiguous that the contestee cannot reason-
ably be required to frame a responsive answer, he may
move for a more definite statement before interposing his
answer. The motion shall point out the defects complained
of and the details desired. If the motion is granted and the
order of the committee is not obeyed within ten days after
notice of the order or within such other time as the com-
mittee may fix, the committee may dismiss the action, or
make such order as it deems just.

Thirty-day limit for filing answer is same as existing
law. The prescribed form of pleading accords with the
Federal Rules of Civil Procedure, rule 8.

Permits contestee to file motion in nature of demurrer
to challenge sufficiency of service, standing of contestant
or sufficiency of notice before filing answer and before
time-consuming and expensive process of taking testi-
mony. Similar to rule 12, Federal Rules of Civil Procedure.

Permits contestee to move for more detailed statement
of grounds upon which election is contested.

(d) Service of a motion permitted under this section alters the time for serving the answer as follows, unless a different time is fixed by order of the committee: If the committee denies the motion or postpones its disposition until the hearing on the merits, the answer shall be served within ten days after notice of such action. If the committee grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement.

SERVICE AND FILING OF PAPERS OTHER THAN NOTICE OF
CONTEST; HOW MADE; PROOF OF SERVICE

SEC. 5. (a) Except for the notice of contest, every paper
resenting the party, or, if he is not represented by an at-
required to be served shall be served upon the attorney rep-
torney, upon the party himself. Service upon the attorney
or upon a party shall be made:

(1) by delivering a copy to him personally;

(2) by leaving it at his principal office with some
person then in charge thereof; or if the office is closed
or the person to be served has no office, leaving it at
his dwelling house or usual place of abode with a
person of discretion not less than 16 years of age then
residing therein; or

(3) by mailing it addressed to the person to be served
at his residence or principal office. Service by mail is
complete upon mailing.

(b) All papers subsequent to the notice of contest re-
quired to be served upon the opposing party shall be filed
with the Clerk either before service or within a reasonable

time thereafter.

Provision made for postponing filing of answer until committee disposes of motion made under subsection (b) or (c). Similar to rule 12(a), Federal Rules of Civil Procedure.

Requires service on party or his attorney of all papers
subsequent to notice of contest. Methods prescribed ac-
cord with service provisions of rule 5(b), Federal Rules
of Civil Procedure.

Requires filing with Clerk so that record will be comcedure. plete. Accords with rule 5(d), Federal Rules of Civil Pro

(c) Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service.

DEFAULT OF CONTESTEE

SEC. 6. The failure of contestee to answer the notice of
contest or to otherwise defend as provided by this Act 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.

TAKING TESTIMONY BY DEPOSITION

SEC. 7. (a) Either party may take the testimony of any
person, including the opposing party, by deposition upon
oral examination for the purpose of discovery or for use as
evidence in the contested election case, or for both purposes.
Depositions shall be taken only within the time for the
taking of testimony prescribed in this section.

(b) Witnesses may be examined regarding any matter,
not privileged, which is relevant to the subject matter
involved in the pending contested election case, whether it
relates to the claim or defense of the examining party or
the claim or defense of the opposing party, including the
existence, description, nature, custody, condition and loca-
tion of any books, papers, documents, or other tangible
things and the identity and location of persons having
knowledge of relevant facts. After the examining party
has examined the witness the opposing party may cross

examine.

Requires proof of service in accordance with practice in U.S. district court.

Burden of proof is on contestant even if contestee fails to
answer. Electorate has interest in outcome of election con-
test distinct from that of contestee and such interest should
not be prejudiced by contestee's default. This is in
accordance with House precedents (II Hind's 863, 1072).

Testimony may be taken by deposition only unless par-
ties agree to submit testimonial affidavits or stipulations
under section 8 (c). Depositions may be taken for discovery
or use as evidence.

Scope of deposition limited to issues in contested election
and discovery of facts relevant thereto. Cross examination
of witness is permitted. This is in accordance with pro-
visions for depositions in federal court actions. Rule 26,
Federal Rules of Civil Procedure.