---
kind: "section"
citation: "2 U.S.C. § 385"
title: "2"
title_heading: "The Congress"
number: "385"
heading: "Default of contestee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/385"
units:
  - "Chapter 12 — Contested Elections"
---

# §385. Default of contestee


The failure of [contestee](/usc/2/381.md?p=4) 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](/usc/2/381.md?p=3) to prove that the [election](/usc/2/381.md?p=1) results entitle him to [contestee](/usc/2/381.md?p=4)’s seat.


## Source credit

(Pub. L. 91–138, § 6, Dec. 5, 1969, 83 Stat. 286.)

## 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.