---
kind: "section"
citation: "2 U.S.C. § 383"
title: "2"
title_heading: "The Congress"
number: "383"
heading: "Response of contestee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/383"
units:
  - "Chapter 12 — Contested Elections"
---

# §383. Response of contestee

- (a) **Answer—** Any [contestee](/usc/2/381.md?p=4) upon whom a notice of contest as described in [section 382 of this title](/usc/2/382.md) shall be served, shall, within thirty days after the service thereof, serve upon [contestant](/usc/2/381.md?p=3) a written answer to such notice, admitting or denying the averments upon which [contestant](/usc/2/381.md?p=3) relies. If [contestee](/usc/2/381.md?p=4) is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so [state](/usc/2/381.md?p=8) 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](/usc/2/381.md?p=4) relies. [Contestee](/usc/2/381.md?p=4) shall sign and verify such answer by oath or affirmation.
- (b) **Defenses by motion prior to answer—** At the option of [contestee](/usc/2/381.md?p=4), the following defenses may be made by motion served upon [contestant](/usc/2/381.md?p=3) prior to [contestee](/usc/2/381.md?p=4)’s answer:
  - (1) Insufficiency of service of notice of contest.
  - (2) Lack of standing of [contestant](/usc/2/381.md?p=3).
  - (3) Failure of notice of contest to [state](/usc/2/381.md?p=8) grounds sufficient to change result of [election](/usc/2/381.md?p=1).
  - (4) Failure of [contestant](/usc/2/381.md?p=3) to claim right to [contestee](/usc/2/381.md?p=4)’s seat.
- (c) **Motion for more definite statement—** If a notice of contest to which an answer is required is so vague or ambiguous that the [contestee](/usc/2/381.md?p=4) 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](/usc/2/381.md?p=7) is not obeyed within ten days after notice of the order or within such other time as the [committee](/usc/2/381.md?p=7) may fix, the [committee](/usc/2/381.md?p=7) may dismiss the action, or make such order as it deems just.
- (d) **Time for serving answer after service of motion—** 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](/usc/2/381.md?p=7): If the [committee](/usc/2/381.md?p=7) 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](/usc/2/381.md?p=7) grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement.

## Source credit

(Pub. L. 91–138, § 4, Dec. 5, 1969, 83 Stat. 285.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United 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.