1995 U.S. Code
Title 2 - THE CONGRESS
CHAPTER 12 - CONTESTED ELECTIONS
Sec. 381 - Definitions

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§381. Definitions

For purposes of this chapter—

(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 chapter.

(d) The term “contestee” means a Member of the House of Representatives of the United States whose election is contested under this chapter.

(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.

(Pub. L. 91–138, §2, Dec. 5, 1969, 83 Stat. 284.)

Change of Name

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Effective Date

Section 19 of Pub. L. 91–138 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

Section 1 of Pub. L. 91–138 provided that: “This Act [enacting this chapter and repealing sections 201 to 226 of this title] may be cited as the ‘Federal Contested Elections Act’.”