Page:United States Statutes at Large Volume 83.djvu/313

 83 STAT. ]

PUBLIC LAW 91-138-DEC. 5, 1969

thereto must be served upon contestant under section 4 of this Act within thirt}^ days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation. (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; (J:) by delivering a copy to an agent authorized by appointmeuf: to receive rervice of such notice; or (5) by mailing a copy by registered or certified mail addressed to contestee at ids 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. ANSWER; DEFKXSES >[ADE BY MOTION

SEC. 4. (a) Any contestee upon whom a notice of contest as described in section 3 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, lie shall so state and this shall have the etfect of a denial. Such answer shall set forth affirmatively any other defenses, in law or fact, on which contestee relies. Contestee shall sign and verify such answer by oath or affirmation. (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. (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. (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.

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