[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[G. Pleading]
[Â§ 24. Answer]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1037-1038]
 
                               CHAPTER 9
 
                           Election Contests
 
                              G. PLEADING
 
Sec. 24. Answer

    The Federal Contested Elections Act provides that when a notice of 
contest is served in the manner prescribed, contestee must respond with 
a written answer, and that such answer must be served on contestant 
within 30 days. The answer must admit or deny the averments relied on 
by contestant. If contestee is without knowledge or information 
sufficient to form a belief as to the truth of an averment, he must so 
state, such statement having the effect of a denial. This answer must 
set forth affirmatively any other defenses, in law or fact, relied on 
by contestee.(6)
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 6. 2 USC Sec. 383.
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    Contestee must sign and verify his answer by oath or 
affirmation.(7) Under the controlling statute, the failure 
of contestee to answer the notice of contest is not to be deemed an 
admission of the truth of the averments in the notice.(8)
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 7. 2 USC Sec. 383.
 8. 2 USC Sec. 385.                          -------------------
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Failure to Make Timely Answer

Sec. 24.1 Contestee's failure to file an answer within the requisite 30 
    days did not prevent him from ultimately prevailing and having the 
    contest dismissed.

    In Mankin v Davis (Sec. 54.2, infra), a 1947 Georgia contest, a 
contestant who had not been a candidate in the general election, but 
only during the primary, timely filed an election contest notice and 
brief. The contest was dismissed, the contestee's reply having been 
given due consideration even though not filed within the requisite time 
period.

Answer Filed for Information Only

Sec. 24.2 Contestee's answer, filed with the Clerk for information 
    only, can be included in

[[Page 1038]]

    the Clerk's communication to the Speaker relating that no testimony 
    has been filed in the contest.

    In Browner v Cunningham, a 1949 Iowa contested election case 
(Sec. 55.1, infra), the contestee's answer was transmitted by the Clerk 
to the Speaker along with the Clerk's letter relating that no testimony 
had been received and stating the opinion of the Clerk that the contest 
had abated.