An Act to revise the law governing contests of elections of Members of the House of Representatives, and for other purposes
PL 91-138 (H.R.14195), enacted 12/05/1969

Federal 
Contested 
Election Act. 
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. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembted^ 
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 Con-
gress 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 Representa-
tives of the United States, or (2) notwithstanding his name is not 
printed on such ballot, who seeks election to the House of Representa-
tives 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 Repre-
sentatives 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 Representa-
tives of the United States. 
(g) The term "committee" means the Committee on House Admin-
istration 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 
83 STAT. ] 
PUBLIC LAW 91-138-DEC. 5, 1969 
285 
thereto must be served upon contestant under section 4 of tliis Act 
within tliirt}^ days after service of such notice. Such notice shall be 
signed by contestant and verified by his oath or affirmation. 
(c) Service of the notice of contest upon contestee shall be made as 
follows: 
(1) by delivering a copy to him personally; 
(2) by leaving a copy at his dwelling house or usual place of 
abode Avith a person of discretion not less than sixteen years of 
age then residing therein; 
(3) by leaving a copy at his principal office or place of busi-
ness with some person then in charge thereof; 
(J:) by delivering a copy to an agent authorized by appoint-
meuf: to receive rervice of such notice; or 
(5) by mailing a copy by registered or certified mail addressed 
to contestee at ids residence or principal office or place of busi-
ness. Service by mail is complete upon mailing; 
(6) the verified return by the person so serving such notice, 
setting forth tlie time and manner of such service shall be proof 
of same, and the return post office 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 to make proof of service does 
not affect the validity of the service. 
ANSWER; DEFKXSES >[ADE BY MOTION 
SEC. 4. (a) Any contestee upon whom a notice of contest as described 
in section 3 shall be served, shall, Avithin thirty days after the service 
thereof, serve upon contestant a written answer to such notice, ad-
mitting 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, lie shall so state and this shall 
have the etfect 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 o])tion 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 contestee's seat. 
(c) If a notice of contest to which an answer is required is so vague 
or ambiguous that the contestee cannot reasonably 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 comniittee is not obeyed within ten days after notice 
of the order or within such other time as the committee may fix, the 
committee may dismiss the action, or make such order as it deems just. 
(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 com-
mittee grants a motion for a more definite statement the answer shall 
be served within ten days after service of the more definite statement. 
286 
PUBLIC LAW 91-138-DEC. 5, 1969 
[83 STAT. 
SERVICE 
AND 
FILING 
OF 
PAPERS 
OTHER 
T H A N 
NOTICE 
OF 
CONTEST; 
HOW 
M A D E ; PROOF OF SERVICE 
SEC. 5. (a) Except for the notice of contest, every paper required 
to be served shall be served upon the attorney representing the party, 
or, if he is not represented by an attorney, 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 sixteen 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 required to be 
served upon the opposing party shall be filed with the Clerk either be-
fore service or within a reasonable time thereafter. 
(c) Papers filed subsequent to the notice of contest shall be ac-
companied by proof of service showing the time and manner of serv-
ice, 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. 
DEFAUIiT 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. Not-
withstanding 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 priv-
ileged, 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 
location 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 oppos-
ing party may cross examine. 
(c) The order in which the parties may take testimony shall be as 
follows: 
(1) Contestant may take testimony within thirty days after serv-
ice of the answer, or, if no answer is served within the time provided 
in section 4, within thirty days after the time for answer has expired. 
(2) Contestee may take testimony within thirty days after con-
testant's time for taking testimony has expired. 
(3) If contestee has taken any testimony or has filed testimonial 
affidavits or stipulations under section 8(c), contestant may take rebut-
83 STAT. ] 
PUBLIC LAW 91-138-DEC. 5, 1969 
287 
tal testimony within ten days after contestee's time for taking testi-
mony has expired. 
(d) Testimony shall be taken before an officer authorized to ad-
minister oaths by the laws of the L'nited States or of the place where 
the examination is held. 
(e) Attendance of witnesses may be compelled by subpena as pro-
vided in section 9. 
(f) At the taking of testimony, a party may appear and act in per-
son, or by his agent or attorney. 
(g) The officer before whom testimony is to be taken shall put the 
witness under oath and shall personally, or by someone acting under 
his direction and in his presence, record the testimony of the witness. 
The testimony shall be taken stenographically and transcribed. All 
objections made at the time of examination to the qualifications of the 
officer taking the deposition, or to the manner of taking it, or to the 
evidence presented, or the conduct of any party, and any other ob-
jection to the proceedings, shall be noted by the officer upon the deposi-
tion. Evidence objected to shall be taken subject to the objections. In 
lieu of participating in the oral examination, a party served with a 
notice of deposition may transmit written interrogatories to the officer, 
who shall propound them to the witness and record the answers 
verbatim. 
(h) When the testimony is fully transcribed, the deposition shall be 
submitted to the witness for examination and shall be read to or by 
him, unless such examination and reading are waived by the witness 
and the parties. Any changes in the form or substance which the wit-
ness desires to make shall be entered upon the deposition by the officer 
with a statement of the reasons given by the witness for making them. 
The deposition shall be signed by the witness, unless the parties by 
stipulation waive the signing or the witness is ill or cannot be found 
or refuses to sign. If the deposition is not signed by the witness, the 
officer shall sign it and note on the deposition the fact of the waiver 
or of the illness or the absence of the witness or the fact of refusal to 
sign together with the reason, if any, given therefor; and the deposi-
tion may then be used as fully as though signed, unless on a motion 
to suppress, the committee rules that the reasons given for the refusal 
to sign require rejection of the deposition in whole or in part, 
NOTICE or DEPOSITIONS; TESTIMONY BY AFFIDAVIT OR STIPULATION 
SEC. 8. (a) A party desiring to take the deposition of any person 
upon oral examination shall serve written notice on the opposing party 
not later than two days before the date of the examination. The notice 
shall state the time and place for taking the deposition and the name 
and address of each person to be examined. A copy of such notice, 
together with proof of such service thereof, shall be attached to the 
deposition when it is filed with the Clerk. 
(b) By w^ritten stipulation of the parties, the deposition of a witness 
may be taken wnthout notice. A copy of such stipulation shall be 
attached to the deposition when it is filed with the Clerk. 
(c) By written stipulation of the parties, the testimony of any 
witness of either party may be filed in the form of an affidavit by 
such witness or the parties may agree what a particular witness would 
testify to if his deposition were taken. Such testimonial affidavits or 
stipulations shall be filed within the time limits prescribed for the 
taking of testimony in section 7. 
288 
PUBLIC LAW 91-138-DEC. 5, 1969 
[83 STAT. 
SUBPENAS; PRODUCTION OF DOCUMENTS 
SEC. 9. (a) Upon application of any party, a subpena for attendance 
at a deposition shall be issued by: 
(1) a judge or clerk of the United States district court for the 
district in which the place of examination is located; 
(2) a judge or clerk of any court of record of the State in 
Avhich the place of examination is located; or 
(3) a judge or clerk of any court of record of the county in 
which the place of examination is located. 
(b) Service of the subpena shall be made upon the witness no 
later than three days before the day on which his attendance is 
directed. A subpena may be served by any person who is not a party 
to the contested election case and is not less than eighteen years of 
age. Service of a subpena upon a person named therein shall be made 
by delivering a copy thereof to such person and by tendering to him 
the fee for one day's attendance and the mileage allowed by section 
10. Written proof of service shall be made under oath by the person 
making same and shall be filed with the Clerk. 
(c) A witness may be required to attend an examiiuition (mly in 
the county wherein he resides or is employed, or transacts his business 
in person, or is served with a subpena, or within forty miles of the 
place of service. 
(d) Every subpena shall state the name and title of the officer issu-
ing same and the title of the contested election case, and shall com-
mand each person to whom it is directed to attend and give 
testimony at a time and place and before an officer specified therein. 
(e) A subpena may also command the person to whom it is directed 
to produce the books, papers, documents, or other tangible things desig-
nated therein, but the committee, upon motion promptly made and in 
any event at or before the time specified in the subpena for compliance 
therewith, may (1) quash or modify the subpena if it is unreasonable 
or oppressive, or (2) condition denial of the motion upon the advance-
ment by the party in whose behalf the subpena is issued of the reason-
able cost of producing the books, papers, documents, or tangible things. 
In the case of public records or documents, copies thereof, certified by 
the person having official custody thereof, may be produced in lieu of 
the originals. 
OFFICER AND WITNESS FEES 
SEC. 10. (a) Each judge, clerk of court, or other officer w^ho issues 
any subpena or takes a deposition and each person who serves any sub-
])ena or other paper herein authorized shall be entitled to receive from 
the party at whose instance the service shall have been performed such 
fees as are allowed for similar services in the district courts of the 
United States. 
(b) Witnesses whose depositions are taken shall be entitled to re-
ceive from the party at whose instance the witness appeared the same 
fees and travel allowance paid to witnesses subpenaed to appear be-
fore the House of Representatives or its committees. 
PENALTY FOR FAILURE TO APPEAR, TESTIFY, OR PRODUCE DOCUMENTS 
SEC. 11. Every person who, having been subpenaed as a witness 
under this Act to give testimony or to produce documents, willfully 
makes default, or who, having appeared, refuses to answer any ques-
tion pertinent to the contested election case, shall be deemed guilty 
of a misdemeanor punishable by fine of not more than $1,000 nor less 
than $100 or imprisonment for not less than one month nor more than 
twelve months, or both. 
83 STAT. ] 
PUBLIC L
A
W 91-138-DEC. 5, 1969 
289 
CEKTiriCATION AXD FILING OF DEPOSITIONS 
SEC. V2. (a) The officer before Avliom any deposition is taken shall 
certify thereon that tlie witness Avas duly sworn by him and that the 
deposition is a true record of the testimony gi^en by the Avitness. He 
shall then securely seal the deposition, together with any papers pro-
duced by the Avitness and the notice of deposition or stipulation, if the 
deposition was taken Avithout notice, in an euA'elope endorsed Avith the 
title of tlie contested election case and marked "Deposition of (here 
insert name of Avitness)" and shall AA'ithin thirty days after completion 
of the Avitness' testimony, file it Avith the Clerk. 
(b) After filing the deposition, the officer shall promptly notify 
the parties of its filing. 
(c) Upon payment of reasonable charges therefor, not to exceed 
the charges alloAved in the district court of the United States for the 
district AAherein the place of examination is located, the officer shall 
furnish a copy of deposition to any party or the deponent. 
K K C O K D ; PKIXTIXG AND FlLIXCi OK BRIEFS AND APl'EXDTXES 
SEC. V). (a) Contested election cases sluill be heard by the committee 
on the ])apers, depositions, and exhibits tiled AA'ith the Clerk. Such 
])apers, depositions, and exhibits shall constitute the record of the 
case. 
(b) Contestant shall print as an appendix to his brief those por-
tions of the record AA'hich he desires the committee to consider in order 
to decide the case and such other portions of the record as may be 
l)resci-ibed by the rules of the committee. 
(c) (\)ntestee 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) Within forty-five days after the time for both parties to take 
testimony has expired, contestant shall seiwe on contestee his printed 
brief of the facts and authorities relied on to establish his case together 
with his ai)|)endix. 
(e) Within thirty days of serAnce of contestant's brief and appen-
dix, contestee sliall serA^e on contestant his printed brief of the facts 
and autliorities relied on to establish his case together AA'ith his 
appendix. 
(f) Within ten days after service of contestee's brief and appendix, 
contestant may serve on contestee a printed reply brief. 
(g) 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 
Avith such rules as the committee may prescribe. 
FILINGS OF P L E A D I N G S , MOTIONS, DEPOSITIONS, APPENDIXES, BRIEFS, 
AND OTHER 
PAPERS 
SEC. 14. (a) Filings of pleadings, motions, depositions, a])pendixes, 
briefs, and other papers shall be accomplished by: 
(1) deliA^ering a copy thereof to the Clerk of the House of Rep-
resentatives at his office in Washington, District of Columbia, or 
to a member of his staff at such office; or 
(-2) mailing a copy thereof, by registered or certified mail, 
addressed to the Clerk at the House of Representatives, Wash-
ington, District of Columbia: Provided, That if such copy is not 
actually received, another copy shall be filed within a reasonable 
time; and 
290 
PUBLIC LAW 91-138-DEC. 5, 1969 
[83 STAT. 
(3) delivering or mailing, simultaneously with the delivery or 
mailing of a copy thereof under paragraphs (1) and (2) of this 
subsection, such additional copies as the committee may by rule 
prescribe. 
(b) All papers filed with the Clerk pursuant to this Act shall be 
promptly transmitted by him to the connnittee. 
TIME; COMPUTATION AND ENI^VKGEMENT 
SEC. 15. (a) In computing any period of time prescribed or allowed 
by this Act or by the rules or any order of the committee, the day of 
the act, event, or default after which the designated period of time 
begins to run shall not be included. The last day of the period so com-
puted shall be included, unless it is a Saturday, a Sunday, or a legal 
holiday, in which event the period shall run until the end of the next 
day which is neither a Saturday, a Sunday, nor a legal holiday. When 
the period of time prescribed or allowed is less than seven days, inter-
mediate Saturdays, Sundays, and legal holidays shall be excluded in 
hoUda^^'^' 
^^^^ computation. For the purposes of this Act, "legal holiday" shall 
mean New Year's Day, Washington's Birthday, Memorial Day, Inde-
pendence Day, Labor Day, Veterans Day, Thanksgiving Day, Christ-
mas Day, and any other day appointed as a holiday by the President 
or the Congress of the United States. 
(b) Whenever a party has the right or is required to do some act or 
take some proceeding within a prescribed period after the service of a 
pleading, motion, notice, brief, or other paper upon him, which is 
served upon him by mail, three days shall be added to the prescribed 
period. 
(c) When by this Act or by the rules or any order of the committee 
an act is required or allowed to be done at or within a specified time, 
the committee, for good cause shown, may at any time in its discretion 
(1) with or without motion or notice, order the period enlarged if 
request therefor is made before the expiration of the period originally 
prescribed or as extended by a previous order, or (2) upon motion 
made after the expiration of the specified period, permit the act to be 
done where the failure to act was the result of excusable neglect, but 
it shall not extend the time for serving and filing the notice of contest 
under section 3. 
> «• !H<; i.j 
iH 
,1 i 
DEATH OF CONTESTANT 
^ ., 
SEC. 16. In the event of the death of the contestant, the contested 
election case shall abate. 
ALLOWANCE OF P A R T Y ' S EXPENSES 
SEC. 17. The committee may allow any party reimbursement from 
the contingent fund of the House of Representatives of his reasonable 
expenses of the contested election case, including reasonable attorneys 
fees, upon the verified application of such party accompanied by a 
complete and detailed account of his expenses and supporting vouch-
ers and receipts. 
REPEALS 
SEC. 18. The following provisions of law are repealed: 
(a) Sections 105 through 129 of the Revised Statutes of the United 
States (2 U.S.C. 201-225). 
(b) The second paragraph under the center heading "House of 
Representatives" in the first section of the Act of March 3, 1879 (2 
20 Stat. 400. 
U . S . C . 2 2 6 ) . 
83 STAT. ] 
PUBLIC LAW 91-139-DEC. 5, 1969 
291 
(c) Section 2 of the Act entitled "An Act further supplemental 
to the various Acts prescribing the mode of obtaining evidence in cases 
of contested elections", approved March 2,1875 (2 U.S.C. 203). 
EFFECTIVE 
DATE 
SEC. 19. The provisions of, and the repeals made by, this Act shall 
apply with respect to any general or special election for Representa-
tive in, or Resident Commissioner to, the Congress of the United 
States occurring after the date of enactment of this Act. 
Approved December 5, 1969. 
Public Law 91-139 
A N A C T 
December 5, 1969 
To x>i'ovide certain equipment for use in the offices of Members, officers, and 
[H.R. 13949] 
committees of the House of Representatives, and for other purjwses. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) at the 
House o
f Repre-
request of any Member, officer, or committee of the House of Repre- ^^office^e^quip-
sentatives, or the Resident Commissioner from Puerto Rico, and with ^ent for Members. 
the approval of the Committee on House Administration, but subject 
to the limitations prescribed by this Act, the Clerk of the House shall 
furnish electrical and mechanical office equipment for use in the office 
of that Member, Resident Comissioner, officer, or committee. Office 
equipment so furnished is limited to equipment of those types and 
categories which the Committee on House Administration shall 
prescribe. 
(b) Office equipment furnished under this section shall be registered 
in the office of the Clerk of the House of Representatives and shall 
remain the property of the House of Representatives. 
(c) The cost of office equipment furnished under this section shall be 
paid from the contingent fund of the House of Representatives, 
(d) The Committee on House Administration shall prescribe such 
regulations as it considers necessary to carry out the purposes of this 
section. The regulations shall limit, on such basis as the committee con-
siders appropriate, the total value of office equipment, with allowance 
for equipment depreciation, which may be in use at any one time in 
the office of a Member or the Resident Commissioner. 
SEC. 2. (a) The joint resolution entitled "Joint resolution to author- 
Repeal. 
ize the Clerk of the House of Representatives to furnish certain elec-
trical or mechanical office equipment for the use of Members, officers, 
and committees of the House of Representatives", approved March 25, 
1953 (2 r.S.C. 112a-112d, inclusive), is repealed. 
^ 
loltlT^o' 
(b) The repeal by subsection (a) of this section of the joint resolu- 
Total value o
f 
tion of March 25, 1953, does not deprive any Member, officer, or com- equipment. 
mittee of the House of Representatives, or the Resident Commissioner 
from Puerto Rico, of entitlement to the continued possession and use 
of office equipment furnished, under any provision of that joint reso-
lution, to that Member, officer, committee, or the Resident Commis-
sioner from Puerto Rico, and in use on the effective date of this Act. 
However, the total value (less allowance for depreciation) of that 
equipment furnished to a Member or the Resident Commissioner under 
the first section and section 2 of the joint resolution of March 25,1953, 
while in use by that Member or the Resident Commissioner on and 
after the effective date of this Act shall be taken into account for the 
Determination.