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U.S. Code as of:
01/3/05
Section 382. Notice of contest
(a) Filing of notice
Whoever, having been a candidate for election in the last
preceding election and claiming a right to such office, intends to
contest the election of a Member of the House of Representatives,
shall, within thirty days after the result of such election shall
have been declared by the officer of Board of Canvassers authorized
by law to declare such result, file with the Clerk and serve upon
the contestee written notice of his intention to contest such
election.
(b) Contents and form of notice
Such notice shall state with particularity the grounds upon which
contestant contests the election and shall state that an answer
thereto must be served upon contestant under section 383 of this
title within thirty days after service of such notice. Such notice
shall be signed by contestant and verified by his oath or
affirmation.
(c) Service of notice; proof of service
Service of the notice of contest upon contestee shall be made as
follows:
(1) by delivering a copy to him personally;
(2) by leaving a copy at his dwelling house or usual place of
abode with a person of discretion not less than sixteen years of
age then residing therein;
(3) by leaving a copy at his principal office or place of
business with some person then in charge thereof;
(4) by delivering a copy to an agent authorized by appointment
to receive service of such notice;
(5) by mailing a copy by registered or certified mail addressed
to contestee at his residence or principal office or place of
business. Service by mail is complete upon mailing; or
(6) the verified return by the person so serving such notice,
setting forth the time and manner of such service shall be proof
of same, and the return post office receipt shall be proof of the
service of said notice mailed by registered or certified mail as
aforesaid. Proof of service shall be made to the Clerk promptly
and in any event within the time during which the contestee must
answer the notice of contest. Failure to make proof of service
does not affect the validity of the service.
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