[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[D. Defenses]
[Â§ 16. Limitations and Laches]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                               CHAPTER 9
 
                           Election Contests
 
                              D. DEFENSES
 
Sec. 16. Limitations and Laches

    Where the contestant delays in collecting and forwarding evidence, 
laches may provide a basis for dismissal of the 
contest.                          -------------------

Laches

Sec. 16.1 An elections committee may dismiss a contest for laches on 
    the part of contestant on the ground that he failed, within the 
    time required by law, to take evidence, to file a brief, or to 
    appear in person before the committee.

    In Neal v Kefauver (Sec. 50.1, infra), a Tennessee contest, 
contestant on Oct. 19, 1939, served notice on the returned Member (Mr. 
Estes Kefauver) of his purpose to contest the election. On Feb. 23, 
1940, contestee submitted a communication requesting a dismissal of the 
contest and setting forth reasons therefor. On June 18, 1940, the 
Committee on Elections submitted a report stating that the committee 
had dismissed the contest on the grounds that contestant had failed to 
take evidence as required by law, that there was no evidence before the 
committee of the matters charged in the notice of contest, and no 
briefs filed as provided by law, and that contestant had failed to 
respond to a notification to appear in person before the committee.

Inexcusable Delay in Filing Briefs and Taking Testimony

Sec. 16.2 An elections committee will recommend dismissal of a contest 
    where testimony and briefs have not been filed within the time 
    prescribed by law and where circumstances do not excuse such 
    failure.

    In Shanahan v Beck, a 1934 Pennsylvania contest (Sec. 47.15, 
infra), the committee found that laches was not excusable under the 
circumstances, and permitted contestant to withdraw unprinted evidence 
which he had submitted while testifying before the 
committee.(17)
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17. See also Sec. 27, infra, for a discussion of time considerations in 
        the taking of testimony.

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