---
kind: "section"
citation: "2 U.S.C. § 390"
title: "2"
title_heading: "The Congress"
number: "390"
heading: "Penalty for failure to appear, testify, or produce documents"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/390"
units:
  - "Chapter 12 — Contested Elections"
---

# §390. Penalty for failure to appear, testify, or produce documents


Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested [election](/usc/2/381.md?p=1) case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both.


## Source credit

(Pub. L. 91–138, § 11, Dec. 5, 1969, 83 Stat. 288.)

## 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.