§ 201 to 226. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC201]
TITLE 2--THE CONGRESS
CHAPTER 7--CONTESTED ELECTIONS
Secs. 201 to 226. Repealed. Pub. L. 91-138, Sec. 18, Dec. 5,
1969, 83 Stat. 290
The subject matter of former sections 201 to 226 of this title is
covered generally by chapter 12 of this title.
Section 201, R.S. Sec. 105, provided that whenever any person
intended to contest an election of any member of House of
Representatives he had to give notice in writing to that member within
thirty days of result of such election.
Section 202, R.S. Sec. 106, provided that a member of House of
Representatives whose election was contested serve an answer within
thirty days after service of notice upon him.
Section 203, R.S. Sec. 107; Mar. 2, 1875, ch. 119, Sec. 2, 18 Stat.
338, provided time and order for taking testimony.
Section 204, R.S. Sec. 108, provided for taking of depositions upon
notice to other party.
Section 205, R.S. Sec. 109, provided that testimony in contested
election cases could be taken at two or more places at same time.
Section 206, R.S. Sec. 110; June 7, 1878, ch. 160, 20 Stat. 99; July
1, 1898, ch. 541, Sec. 38, 30 Stat. 555, made provision for issuance of
subpoenas by specified officers.
Section 207, R.S. Sec. 111, set forth requisite contents of
subpoenas.
Section 208, R.S. Sec. 112, authorized issuance of subpoenas by
justices of the peace.
Section 209, R.S. Sec. 113, made provision for taking of depositions
by written consent.
Section 210, R.S. Sec. 114, required that each witness be served
with a subpoena at least five days prior to date he was required to
attend.
Section 211, R.S. Sec. 115, exempted witness from attendance at
examinations out of county in which they resided or were served with a
subpoena.
Section 212, R.S. Sec. 116, mandated a $20 penalty to be recovered
by party issuing subpoena, and a possible indictment for a misdemeanor,
for failure of party summoned to attend or testify, unless prevented by
sickness or unavoidable necessity.
Section 213, R.S. Sec. 117, provided that depositions of witnesses
residing outside district be taken before any officer authorized to take
testimony in contested election cases in district in which witness
resided.
Section 214, R.S. Sec. 118, required selection of qualified officers
to officiate jointly with officer named in notice.
Section 215, R.S. Sec. 119, provided that at taking of any
deposition under this chapter, either party could appear and act in
person, or by agent or attorney.
Section 216, R.S. Sec. 120, made provision for examination of
witnesses through device of taking their depositions before a qualified
officer.
Section 217, R.S. Sec. 121, provided that testimony to be taken by
either party be confined to proof or disproof of facts alleged or denied
in notice and answer.
Section 218, R.S. Sec. 122, required officer to reduce to writing
testimony of witnesses, together with questions proposed by parties, and
have this writing duly attested by witnesses.
Section 219, R.S. Sec. 123, empowered officer to require production
of papers.
Section 220, R.S. Sec. 124, provided that taking of testimony might,
if so stated in notice, be adjourned from day to day.
Section 221, R.S. Sec. 125, provided that notice to take
depositions, with proof of service thereof, and a copy of the subpoena,
where one has been served, be attached to depositions when completed.
Section 222, R.S. Sec. 126, provided that a copy of notice of
contest and of answer of returned member, be prefixed to depositions
taken and transmitted with them to Clerk of House of Representatives.
Section 223, R.S. Sec. 127; Mar. 2, 1875, ch. 119, Sec. 1, 18 Stat.
338; Mar. 2, 1887, ch. 318, 24 Stat. 445, covered procedure followed by
Clerk of House of Representatives once the sealed testimony was
forwarded to him by officer who took testimony.
Section 224, R.S. Sec. 128, fixed witness fees to be paid by party
at whose instance witness was summoned.
Section 225, R.S. Sec. 129, provided that each officer employed
pursuant to this chapter be entitled to receive from party who employed
him, such fees as were allowed for similar services in State wherein
such service was rendered.
Section 226, R.S. Sec. 130; Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat.
400, limited payments of expenses to contestee or contestant to $2,000,
and then, only upon filing of a detailed account of expenses with Clerk
of Committee on Elections.
Effective Date of Repeal
Repeal applicable with respect to any general or special election
for Representative in, or Resident Commissioner to, the Congress of the
United States occurring after December 5, 1969, see section 19 of Pub.
L. 91-138, set out as an Effective Date note under section 381 of this
title.
