[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[D. Defenses]
[Â§ 15. Abatement]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1020-1021]
 
                               CHAPTER 9
 
                           Election Contests
 
                              D. DEFENSES
 
Sec. 15. Abatement

    Under the Federal Contested Elections Act, a case abates in the 
event of the death of the contestant.(14)~ Moreover, there 
have been
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14. 2 USC Sec. 395.
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[[Page 1021]]

several election contests which were dismissed or otherwise dropped 
because of a failure by the contestant to carry forward with the case.

Failure to Take Testimony Within Prescribed Time

Sec. 15.1 Where parties to an election contest have not taken testimony 
    within the time prescribed by law, the Clerk informs the Speaker 
    that the contest has apparently abated.

    See Casey v Turpin (Sec. 47.3, infra), a 1934 Pennsylvania election 
contest in which the contestant neither produced testimony nor appeared 
to show cause why the contest should not be dismissed, the House agreed 
to a resolution by voice vote and without debate that the contestant 
was not, and the contestee was, entitled to a seat.(15)~
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15. Time limitations generally, see Sec. 27, infra.
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Sec. 15.2 Where parties to an election contest have not transmitted 
    testimony to the Clerk within the time prescribed by law, the Clerk 
    informs the Speaker that the contest has apparently abated.

    In LaGuardia v Lanzetta, a 1934 New York contest (Sec. 47.10, 
infra), the Clerk advised the Speaker by letter that a copy of a notice 
of contest and reply thereto had been filed, but that, since no 
testimony had been transmitted within the time prescribed by law, the 
contest had apparently abated.(16)~
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16. See also Browner v Cunningham (Sec. 55.1, infra), a 1949 Iowa 
        contest.
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Sec. 15.3 Where the parties to an election contest fail to forward 
    testimony within the time required by law, and the Clerk informs 
    the Speaker that the contest has apparently abated, the contest may 
    be referred to committee.

    In Shanahan v Beck (Sec. 47.15, infra), a 1934 Pennsylvania 
contest, the Speaker laid before the House a letter from the Clerk 
transmitting a copy of the notice of contest and reply thereto, with 
the statement that no testimony had been received within the time 
prescribed by law and that the contest appeared to have abated. The 
contest was referred to a committee, which confirmed that there was no 
evidence before the committee of the matters charged in the notice.

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