States Courts $40,000 Deputy Director of the Administrative Office of the United States Courts; (maximum) $36,000 Referees in bankruptcy, part-time (maximum) $18,000 D. For offices and positions under the Executive Schedule in subchapter II of Government Organization and Employees]: Positions at level I $60,000 Positions at level II .. $42,500 Positions at level III $40,000 Positions at level IV $38,000 Positions at level V $36,000 (1) Except as provided in paragraph (2) of this section all or part (as the case may be) of the recommendations of the President transmitted to the Congress in the budget under section 358 of this title shall become effective at the beginning of the first pay period which begins after the thirtieth day following the transmittal of such recommendations in the budget; but only to the extent that, between the date of transmittal of such recommendations in the budget and the beginning of such first pay period (A) there has not been enacted into law a statute which establishes rates of pay other than those proposed by all or part of such recommendations, (B) neither House of the Congress has enacted legislation which specifically disapproves all or part of such recommendations, or (C) both. (2) Any part of the recommendations of the President may, in accordance with express provisions of such recommendations, be made operative on a date later than the date on which such recommendations otherwise are to take effect. Pub.L. 90-206, Title II, § 225 (1), Dec. 16, 1967, 81 Stat. 644. Effective Date. Section effective on Dec. 16, 1967, see section 220(a) (1) of Pub.L. 90-206, set out as a note under section 3110 of Title 5, Government Organization and Employees. § 360. Same; effect on existing law and prior recommendations The recommendations of the President transmitted to the Congress immediately following a review conducted by the Commission in one of the fiscal years referred to in section 352(2) and (3) of this title shall be held and considered to modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith (A) all provisions of law enacted prior to the effective date or dates of all or part (as the case may be) of such recommendations (other than any provision of law enacted in the period specified in paragraph (1) of subsection (i) of this section with respect to such recommendations), and (B) any prior recommendations of the President which take effect under this chapter. Pub.L. 90-206, Title II, § 225 (j), Dec. 16, 1967, 81 Stat. 644. Effective Date. Section effective on Dec. 16, 1967, see section 220 (a) (1) of Pub. L. 90-206, set out as a note under section 3110 of Title 5, Government Organization and Employees. 1. Generally Taxpayer lacked standing to maintain action attacking congressional pay raise effected by this chapter. Richardson v. Kennedy, D.C.Pa.1970, 313 F.Supp. 1282. Affirmed 91 S.Ct. 868, 401 U.S. 901, 27 L. Ed.2d 800. § 361. Publication of recommendations The recommendations of the President which take effect shall be printed in the Statutes at Large in the same volume as public laws and shall be printed in the Federal Register and included in the Code of Federal Regulations. Pub.L. 90-206, Title II, § 225(k), Dec. 16, 1967, 81 Stat. 644. Effective Date. Section effective on Dec. 16, 1967, see section 220 (a) (1) of Pub.L. 90-206, set out as a note under Sec. 381. section 3110 of Title 5, Government Organization and Employees. CHAPTER 12.—CONTESTED ELECTIONS [NEW] Definitions. 382. Notice of contest. (b) Contents and form of notice. (a) Filing of notice. (c) Service of notice; proof of service. service. (c) Place of examination. 383. Response of contestee. (d) Form. (a) Answer. (e) Production of documents. (b) Defenses by motion prior to 389. Officer and witness fees. answer. 390. Penalty for failure to appear, tes (c) Motion for more definite state ment. 391. tify or produce documents. Certification and filing of deposi (d) Time for serving answer after 384. Service and filing of papers other than notice of contest. (b) Filing of papers with clerk. tions. (a) Modes of service. (c) Proof of service. 385. Default of contestee. 386. Deposition. (b) Notification of filing. (c) Copy of deposition to parties 392. Record. or deponents. cordation of testimony; no- 393. Filing of pleadings, motions, deposi tation of objections; inter rogatories. tions, appendixes, briefs and other papers. (h) Examination of deposition by 394. Computation of time. (a) The term "election" means an official general or special election to choose a Representative in or Resident Commissioner to the Congress of the United States, but does not include a primary election, or a caucus or convention of a political party. (b) The term "candidate" means an individual (1) whose name is printed on the official ballot for election to the House of Representatives of the United States, or (2) notwithstanding his name is not printed on such ballot, who seeks election to the House of Representatives by writein votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election. (c) The term "contestant" means an individual who contests the election of a Member of the House of Representatives of the United States under this chapter. (d) The term "contestee" means a Member of the House of Representatives of the United States whose election is contested under this chapter. (e) The term "Member" means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices but has not taken the oath of office. (f) The term "Clerk" means the Clerk of the House of Representatives of the United States. (g) The term "committee" means the Committee on House Administration of the House of Representatives of the United States. (h) The term "State" includes territory and possession of the United States. (1) The term "write-in vote" means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held. Pub.L. 91-138, § 2, Dec. 5, 1969, 83 Stat. 284. Effective Date. Section 19 of Pub. L. 91-138 provided that: "The provisions of, and the repeals made by, this Act [enacting this chapter and provisions set out as notes under this section, and repealing sections 201 to 226 of this title) shall apply with respect to any general or special election for Representative in, or Resident Commissioner to, the Con gress of the United States occurring after the date of enactment of this Act [Dec. 5, 1969]." Short Title. Section 1 of Pub.L. 91-138 provided that: "This Act [enacting this chapter and provisions set out as notes under this section, and repealing sections 201 to 226 of this title) may be cited as the 'Federal Contested Elections Act'" Delegate from District of Columbia; Effective Date. Provisions of this chapter applicable, effective Sept. 22, 1970, with respect to Delegate to House of Representatives from District of Columbia in same manner and to same extent as applicable with respect to a Representative, see sections 204(a), 206(b), of Pub. L. 91-405, Title II, Sept. 22, 1970, 84 Stat. 852, set out as notes under section 25 of this title. Legislative History. For legislative history and purpose of Pub. L. 91-138, see 1969 U.S.Code Cong. and Adm.News, p. 1456. § 882. Notice of contest-Filing of notice (a) Whoever, having been a candidate for election to the House of Representatives 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 or 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. Contents and form of notice (b) 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 wihin thirty days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation. Service of notice; proof of service (c) 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; or (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; (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. Pub.L. 91-138, § 3, Dec. 5, 1969, 83 Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United Stat. 284. States occurring after Dec. 5, 1969, see section 19 of Pub.L. 91-138, set out as a note under section 381 of this title. § 383. Response of contestee-Answer (a) Any contestee upon whom a notice of contest as described in section 382 of this title shall be served, shall, within thirty days after the service thereof, serve upon contestant a written answer to such notice, admitting or denying the averments upon which contestant relies. If contestee is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this shall have the effect of a denial. Such answer shall set forth affirmatively any other defenses, in law or fact, on which contestee relies. Contestee all sign and verify such answer by oath or affirmation. Defenses by motion prior to answer (b) At the option of contestee, the following defenses may be made by motion served upon contestant prior to contestee's answer: (1) Insufficiency of service of notice of contest. (2) Lack of standing of contestant. (3) Failure of notice of contest to state grounds sufficient to change result of election. (4) Failure of contestant to claim right to contestee's seat. Motion for more definite statement (c) If a notice of contest to which an answer is required is so vague or ambiguous that the contestee cannot reasonably be required to frame a responsive answer, he may move for a more definite statement before interposing his answer. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the committee is not obeyed within ten days after notice of the order or within such other time as the committee may fix, the committee may dismiss the action, or make such order as it deems just. Time for serving answer after service of motion (d) Service of a motion permitted under this section alters the time for serving the answer as follows, unless a different time is fixed by order of the committee: If the committee denies the motion or postpones its disposition until the hearing on the merits, the answer shall be served within ten days after notice of such action. If the committee grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement. Pub.L. 91-138, § 4, Dec. 5, 1969, 83 Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United Stat. 285. States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91-138, set out as a note under section 381 of this title. § 384. Service and filing of papers other than notice of contestModes of service (a) Except for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made: (1) by delivering a copy to him personally; (2) by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or (3) by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing. Filing of papers with clerk (b) All papers subsequent to the notice of contest required to be served upon the opposing party shall be filed with the Clerk either before service or within a reasonable time thereafter. Proof of service (c) Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service. Pub.L. 91-138, § 5, Dec. 5, 1969, 83 Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United § 385. Default of contestee Stat. 286. States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91-138, set out as a note under section 381 of this title. The failure of contestee to answer the notice of contest or to otherwise defend as provided by this chapter shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee's seat. Pub.L. 91-138, § 6, Dec. 5, 1969, 83 Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United Stat. 286. States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91-138, set out as a note under section 381 of this title. § 386. Deposition-Oral examination (a) Either party may take the testimony of any person, including the opposing party, by deposition upon oral examination for the purpose of discovery or for use as evidence in the contested election case, or for both purposes. Depositions shall be taken only within the time for the taking of testimony prescribed in this section. Scope of examination (b) Witnesses may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending contested election case, whether it relates to the claim or defense of the examining party or the claim or defense of the opposing party, including the existence, description, nature, custody, condition and location of any books, papers, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. After the examining party has examined the witness the opposing party may cross examine. Order and time of taking testimony (c) The order in which the parties may take testimony shall be as follows: (1) Contestant may take testimony within thirty days after service of the answer, or, if no answer is served within the time provided in section 383 of this title, within thirty days after the time for answer has expired. (2) Contestee may take testimony within thirty days after contestant's time for taking testimony has expired. (3) If contestee has taken any testimony or has filed testimonial affidavits or stipulations under section 387 (c) of this title, contestant may take rebuttal testimony within ten days after contestee's time for taking testimony has expired. |