[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[I. Committee Hearing and Review; Dismissal and Withdrawal]
[Â§ 32. Generally; Preparation of Briefs]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1052]
 
                               CHAPTER 9
 
                           Election Contests
 
       I. COMMITTEE HEARING AND REVIEW; DISMISSAL AND WITHDRAWAL
 
Sec. 32. Generally; Preparation of Briefs


    The controlling statute provides that contested election cases are 
to be heard by the Committee on House Administration on the record of 
the case. This record consists of the papers, depositions, and exhibits 
filed with the Clerk.(19)
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19. 2 USC Sec. 392(a).
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    The contestant prepares a brief with an appendix disclosing those 
portions of the record sought to be considered. A similar brief is 
prepared by contestee.(20)
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20. 2 USC Sec. 392.
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Withdrawal of Evidence

Sec. 32.1 A contestant may be permitted to withdraw (without prejudice) 
    unprinted evidence which he has submitted while testifying before a 
    committee.

    In the 1934 Pennsylvania election contest of Shanahan v Beck 
(Sec. 47.15, infra), the contestant presented no documentary evidence 
to the election committee of the matters charged in his notice of 
contest and filed no brief in the matter. While the committee found 
that this constituted ``laches'' and was inexcusable under the 
circumstances, the contestant was nevertheless permitted to withdraw 
unprinted evidence which he had submitted while testifying before the 
committee, without prejudice.