[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[C. Grounds of Contest]
[Â§ 8. Generally]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1001]
 
                               CHAPTER 9
 
                           Election Contests
 
                         C. GROUNDS OF CONTEST
 
Sec. 8. Generally


    While the new Federal Contested Elections Act (2 USC Sec. Sec. 381-
396) does not attempt to describe or specify the grounds upon which a 
contestant may bring an election contest, it is significant that 2 USC 
Sec. 383(b)(3) provides that the contestee may assert as a defense 
``failure of notice of contest to state grounds sufficient to change 
result of election'' (emphasis supplied). Hence, the grounds asserted 
by the contestant in bringing an election contest should be sufficient 
to change the result of the election, under the new statute.
    The House generally will not unseat a Member for alleged campaign 
irregularities if he possesses a proper certificate of election and 
where the violations of the applicable statutes were unintentional and 
not fraudulent.(6)
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 6. See Ch. 8, supra.
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    Failure to file timely and accurate expenditure reports with the 
Clerk of the House does not necessarily deprive a contestee of his 
seat, and the Committee on House Administration will consider evidence 
of mitigating circumstances and negligence, as opposed to 
fraud.(7)
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 7. Id.
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