§ 209. Depositions by consent.

It shall be competent for the parties, their agents or attorneys authorized to act in the premises, by consent in writing, to take depositions without notice; also, by such written consent, to take depositions (whether upon or without notice) before any officer or officers authorized to take depositions in common law, or civil actions, or in chancery, by either the laws of the United States or of the State in which the same may be taken, and to waive proof of the official character of such officer or officers. Any written consent given as aforesaid shall be returned with the depositions. (R. S. § 113.)

DERIVATION

Act Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408.

§ 210. Service of subpoena.

Each witness shall be duly served with a subpœna. by a copy thereof delivered to him or left at his usual place of abode, at least five days before the day on which the attendance of the witness is required. (R. S. § 114.)

DERIVATION

Act Feb. 19, 1851, ch. 11, § 4, 9 Stat. 569.

§ 211. Witnesses need not attend out of county.

No witness shall be required to attend an examination out of the county in which he may reside or be served with a subpoena. (R. S. § 115.)

DERIVATION

Act Feb. 19, 1851, ch. 11, § 4, 9 Stat. 569.

§ 212. Penalty for failure to attend or testify.

Any person who, having been summoned in the manner above directed, refuses or neglects to attend and testify, unless prevented by sickness or unavoidable necessity, shall forfeit the sum of $20, to be recovered, with costs of suit, by the party at whose instance the subpoena was issued, and for his use, by an action of debt, to any court of the United States, and shall also be liable to an indictment for a misdemeanor, and punishment by fine and imprisonment. (R. S. § 116.)

DERIVATION

Act Feb. 19, 1851, ch. 11. § 5, 9 Stat. 569.

§ 213. Witnesses outside of district.

Depositions of witnesses residing outside of the district and beyond the reach of a subpoena may be taken before any officer authorized by law to take testimony in contested-election cases in the district in which the witness to be examined may reside. (R. S. § 117.)

DERIVATION

Act Jan. 10, 1873, ch. 24, § 2, 17 Stat. 408.

§ 214. Party notified may select officer.

The party notified as aforesaid, his agent or attorney, may, if he see fit, select an officer (having authority to take depositions in such cases) to officiate. with the officer named in the notice, in the taking of the depositions; and if both such officers attend, the depositions shall be taken before them both, sitting together, and be certified by them both. But if only one of such officers attend, the depositions may be taken before and certified by him alone. (R. S. § 118.)

DERIVATION

Act Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408.

§ 215. Depositions taken by party or agent.

At the taking of any deposition under this chapter, either party may appear and act in person, or by agent or attorney. (R. S. § 119.)

DERIVATION

Act Jan. 10, 1873, ch. 24, § 3, 17 Stat. 408.

§ 216. Examination of witnesses.

All witnesses who attend in obedience to a subpœna, or who attend voluntarily at the time and place appointed, of whose examination notice has been given, as provided by this chapter, shall then and there be examined on oath by the officer who issued the subpoena, or, in case of his absence, by any other officer who is authorized to issue such subpoena, or by the officer before whom the depositions are to be taken by written consent, or before whom the depositions of witnesses residing outside of the district are to be taken as the case may be, touching all such matters respecting the election about to be contested as shall be proposed by either of the parties or their agents. (R. S. § 120.)

DERIVATION

Act Feb. 19, 1851, ch. 11, § 7, 9 Stat. 569.

§ 217. Testimony, to what confined.

The testimony to be taken by either party to the contest shall be confined to the proof or disproof of the facts alleged or denied in the notice and answer

mentioned in sections 201 and 202 of this title. (R. S. § 121.)

DERIVATION

Act Feb. 19, 1851, ch. 11, § 9, 9 Stat. 569.

§ 218. Testimony, written out and attested.

The officer shall cause the testimony of the witnesses, together with the questions proposed by the parties or their agents, to be reduced to writing in his presence, and in the presence of the parties or their agents, if attending, and to be duly attested by the witnesses respectively. (R. S. § 122.)

DERIVATION

Act Feb. 19, 1851, ch. 11, § 7, 9 Stat. 569.

§ 219. Production of papers.

The officer shall have power to require the production of papers; and on the refusal or neglect of any person to produce and deliver up any paper or papers in his possession pertaining to the election, or to produce and deliver up certified or sworn copies of the same in case they may be official papers, such person shall be liable to all the penalties prescribed in section 212 of this title. All papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by the officer, with the testimony of the witnesses, to the Clerk of the House of Representatives. (R. S. § 123.)

or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such indorsement.

The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall notify the contestant and the contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the said Clerk shall proceed to open all the packages of testimony in the case, in the presence of the parties or their attorneys, and such portions of the testimony as the parties may agree to have printed shall be printed by the Public Printer, under the direction of the said Clerk; and in case of disagreement between the parties as to the printing of any portion of the testimony, the said Clerk shall determine whether such portion of the testimony shall be printed; and the said Clerk shall prepare a suitable index to be printed with the record. And the notice

of contest and the answer of the sitting Member shall also be printed with the record.

If either party, after having been duly notified, should fail to attend, by himself or by an attorney, the Clerk shall proceed to open the packages, and shall cause such portions of the testimony to be printed, as he shall determine.

He shall carefully seal up and preserve the portions of the testimony not printed, as well as the other portions when returned from the Public Printer, and lay the same before the Committee on House Administration at the earliest opportunity. As soon as the testimony in any case is printed the Clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to file with the Clerk, within thirty days, a brief of the facts and the authorities relied on to establish his case. The Clerk shall forward by mail two copies of the contestant's brief to the contestee, with like notice.

Upon receipt of the contestee's brief the Clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee's brief within like time. All briefs shall be printed at the expense of the parties respectively, and shall be of like folio as the printed record; and sixty copies thereof shall be filed with the Clerk for the use of the Committee on House Administration. (R. S. § 127; Mar. 2, 1875, ch. 119, § 1, 18 Stat. 338; Mar. 2, 1887, ch. 318, 24 Stat. 445; Aug. 2, 1946, ch. 753, title I, § 121, 60 Stat. 822.)

DERIVATION

Act Jan. 10, 1873, ch. 24, § 4, 17 Stat. 409.

AMENDMENTS

1946-Act Aug. 2, 1946, substituted "Committee on House Administration" for "Committee on Elections". § 224. Fees of witnesses.

Every witness attending by virtue of any subpœna herein directed to be issued shall be entitled to receive the sum of 75 cents for each day's attendance,

and the further sum of 5 cents for every mile necessarily traveled in going and returning. Such allowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned. (R. S. § 128.)

DERIVATION

Act Feb. 19, 1851, ch. 11, 9 Stat. 570.

§ 225. Fees of officers.

Each judge, justice, chancellor, chief executive officer of a town or city, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein authorized, shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the State wherein such service may be rendered. (R. S. § 129; June 7, 1878, ch. 160, 20 Stat. 99.)

DERIVATION

Act Feb. 19, 1851, ch. 11, 9 Stat. 570.

ABOLITION OF OFFICES

Act June 7, 1878, abolished registers in bankruptcy. They were originally entitled to compensation under this section in the same manner as the officers now enumerated.

§ 226. Limitation of expenses of contest for seat in House.

No contestee or contestant for a seat in the House of Representatives shall be paid exceeding $2,000 for expenses ir election contests; and before any sum whatever shall be paid to a contestant or contestee for expenses of election contest, he shall file with the clerk of the Committee on House Administration a full and detailed account of his expenses, accompanied by the vouchers and receipts for each item, which account and vouchers shall be sworn to by the party presenting the same, and no charges for witness fees shall be allowed in said accounts unless made in strict conformity to section 224 of this title. (Mar. 3, 1879, ch. 182, § 1, 20 Stat. 400; Aug. 2, 1946, ch. 753, § 121, 60 Stat. 822.)

When used in this chapter and section 208 of Title 18

(a) The term "election" includes a general or special election, but does not include a primary election or convention of a political party;

(b) The term "candidate" means an individual whose name is presented at an election for election as Senator or Representative in, or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected;

(c) The term "political committee" includes any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice presidential electors (1) in two or more States, or (2) whether or not in more than one State if such committee, association, or organization (other than a duly organized State or local committee of a political party) is a branch or subsidiary of a national committee, association, or organization;

(d) The term "contribution" includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable to make a contribution;

(e) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift, of money, or any thing of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure;

(f) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons;

(g) The term "Clerk" means the Clerk of the House of Representatives of the United States;

(h) The term "Secretary" means the Secretary of the Senate of the United States;

(i) The term "State" includes Territory and possession of the United States. (Feb. 28, 1925, ch. 368, title III, § 302, 43 Stat. 1070; Proc. No. 2695, July 4, 1946, 11 F. R. 7517, 60 Stat. 1352.)

REFERENCES IN TEXT

Section 208 of Title 18, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and is now covered by section 602 of Title 18, Crimes and Criminal Procedure.

CODIFICATION

Provisions in subsec. (b) which related to Delegate to the Congress are omitted since there are no Delegates. The last Delegates to the Congress were from the Territories of Alaska and Hawaii prior to their admission as States in 1959.

Provisions of this section, which included in the definition of "election" an election by the Philippine Legislature of a Resident Commissioner from the Philippine Islands, were omitted in view of the independence of the

Philippine Islands proclaimed by the President of the United States in Proc. No. 2695. The proclamation, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse, was issued under direction of that section. The Philippine Islands now exchanges ambassadors with the United States.

§ 242. Chairman and treasurer of political committee; duties as to contributions; accounts and receipts.

(a) Every political committee shall have a chairman and a treasurer. No contribution shall be accepted, and no expenditure made, by or on behalf of a political committee for the purpose of influencing an election until such chairman and treasurer have been chosen.

(b) It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of

(1) All contributions made to or for such committee;

(2) The name and address of every person making any such contribution, and the date thereof;

(3) All expenditures made by or on behalf of such committee; and

(4) The name and address of every person to whom any such expenditure is made, and the date thereof.

(c) It shall be the duty of the treasurer to obtain and keep a receipted bill, stating the particulars, for every expenditure by or on behalf of a political committee exceeding $10 in amount. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items. (Feb. 28, 1925, ch. 368, title III, § 303, 43 Stat. 1071.)

§ 243. Accounts of contributions received.

Every person who receives a contribution for a political committee shall, on demand of the treasurer, and in any event within five days after the receipt of such contribution, render to the treasurer a detailed account thereof, including the name and address of the person making such contribution, and the date on which received. (Feb. 28. 1925. ch. 368. title III, § 304, 43 Stat. 1071.)

§ 244. Statements by treasurer filed with Clerk of House of Representatives.

(a) The treasurer of a political committee shall file with the Clerk between the 1st and 10th days of March, June, and September, in each year, and also between the 10th and 15th days, and on the 5th day, next preceding the date on which a general election is to be held, at which candidates are to be elected in two or more States, and also on the 1st day of January, a statement containing, complete as of the day next preceding the date of filing

(1) The name and address of each person who has made a contribution to or for such committee in one or more items of the aggregate amount or value, within the calendar year, of $100 or more, together with the amount and date of such contribution;

(2) The total sum of the contributions made to or for such committee during the calendar year and not stated under paragraph (1);

(3) The total sum of all contributions made to or for such committee during the calendar year; (4) The name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such committee, and the amount, date, and purpose of such expenditure;

(5) The total sum of all expenditures made by or on behalf of such committee during the calendar year and not stated under paragraph (4);

(6) The total sum of expenditures made by or on behalf of such committee during the calendar year.

(b) The statements required to be filed by subdivision (a) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward.

(c) The statement filed on the 1st day of January shall cover the preceding calendar year. (Feb. 28. 1925, ch. 368, title III, § 305, 43 Stat. 1071.)

§ 245. Statements by others than political committee filed with Clerk of House of Representatives. Every person (other than a political committee) who makes an expenditure in one or more items, other than by contribution to a political committee, aggregating $50 or more within a calendar year for the purpose of influencing in two or more States the election of candidates, shall file with the Clerk an itemized detailed statement of such expenditure in the same manner as required of the treasurer of a (Feb political committee by section 244 of this title. 28, 1925, ch. 368, title III, § 306, 43 Stat. 1072.)

§ 246. Statements by candidates for Senator, Representative, or Resident Commissioner filed with Secretary of Senate and Clerk of House of Representatives.

(a) Every candidate for Senator shall file with the Secretary and every candidate for Representative, or Resident Commissioner shall file with the Clerk not less than ten nor more than fifteen days before, and also within thirty days after, the date on which an election is to be held, a statement containing, complete as of the day next preceding the date of filing

(1) A correct and itemized account of each contribution received by him or by any person for him with his knowledge or consent, from any source, in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, together with the name of the person who has made such contribution;

(2) A correct and itemized account of each expenditure made by him or by any person for him with his knowledge or consent, in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, together with the name of the person to whom such expenditure was made; except that only the total sum of expenditures for items specified in subdivision (c) of section 248 of this title need be stated;

(3) A statement of every promise or pledge made by him or by any person for him with his

consent, prior to the closing of the polls on the day of the election, relative to the appointment or recommendation for appointment of any person to any public or private position or employment for the purpose of procuring support in his candidacy, and the name, address, and occupation of every person to whom any such promise or pledge has been made, together with the description of any such position. If no such promise or pledge has been made, that fact shall be specifically stated.

(b) The statements required to be filed by subdivision (a) of this section shall be cumulative, but where there has been no change in an item reported in a previous statement only the amount need be carried forward.

(c) Every candidate shall inclose with his first statement a report, based upon the records of the proper State official, stating the total number of votes cast for all candidates for the office which the candidate seeks, at the general election next preceding the election at which he is a candidate. (Feb. 28. 1925, ch. 368, title III, § 307, 43 Stat. 1072.)

CODIFICATION

Provisions in subsec. (a) which required filing of statements by Delegates are omitted since there are no Delegates. The last Delegates to the Congress were from the Territories of Alaska and Hawaii prior to their admission as States in 1959.

§ 247. Statements; verification; filing; preservation; inspection.

A statement required by this chapter to be filed by a candidate or treasurer of a political committee or other person with the Clerk or Secretary, as the case may be

(a) Shall be verified by the oath or affirmation of the person filing such statement, taken before any officer authorized to administer oaths;

(b) Shall be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, registered, and directed to the Clerk or Secretary at Washington, District of Columbia, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Clerk or Secretary of its nonreceipt;

(c) Shall be preserved by the Clerk or Secretary for a period of two years from the date of filing, shall constitute a part of the public records of his office, and shall be open to public inspection. (Feb. 28, 1925, ch. 368, title III, § 308, 43 Stat. 1072.)

§ 248. Limitation upon amount of expenditures by candidate.

(a) A candidate, in his campaign for election, shall not make expenditures in excess of the amount which he may lawfully make under the laws of the State in which he is a candidate, nor in excess of the amount which he may lawfully make under the provisions of this chapter and section 208 of Title 18. (b) Unless the laws of his State prescribe a less amount as the maximum limit of campaign expenditures. a candidate may make expenditures up to

(1) The sum of $10,000 if a candidate for Senator, or the sum of $2,500 if a candidate for Representative or Resident Commissioner; or

(2) An amount equal to the amount obtained by multiplying three cents by the total number of

votes cast at the last general election for all candidates for the office which the candidate seeks, but in no event exceeding $25,000 if a candidate for Senator or $5,000 if a candidate for Representative or Resident Commissioner.

(c) Money expended by a candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or expended for his necessary personal, traveling, or subsistence expenses, or for stationery, postage, writing, or printing (other than for use on billboards or in newspapers), for distributing letters, circulars, or posters, or for telegraph or telephone service, shall not be included in determining whether his expenditures have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b) of this section as the limit of campaign expenses of a candidate. (Feb. 28, 1925, ch. 368, title III, § 309, 43 Stat. 1073.)

REFERENCES IN TEXT

Section 208 of Title 18, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and is now covered by section 602 of Title 18, Crimes and Criminal Procedure.

CODIFICATION

Provisions in subsec. (b) which related to Delegates are omitted since there are no Delegates. The last Delegates to the Congress were from the Territories of Alaska and Hawaii prior to their admission as States in 1959. §§ 249-251. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section 249, act Feb. 28, 1925, ch. 368, title III, § 310, 43 Stat. 1073, related to promises or pledges by candidates, and is now covered by section 599 of Title 18, Crimes and Criminal Procedure.

Section 250, act Feb. 28, 1925, ch. 368, title III, § 311, 43 Stat. 1073, related to expenditures to influence voting. and is now covered by section 597 of Title 18, Crimes and Criminal Procedure.

Section 251, acts Feb. 28, 1925, ch. 368, title III, § 313, 43 Stat. 1074; June 23, 1947, ch. 120, title III, § 304, 61 Stat. 159, related to political contributions by national banks, corporations, or labor unions, and is now covered by section 610 of Title 18, Crimes and Criminal Procedure.

§ 252. General penalties for violations.

(a) Any person who violates any of the foregoing provisions of this chapter, except those for which a specific penalty is imposed by section 208 of Title 18, and section 251 of this title, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(b) Any person who willfully violates any of the foregoing provisions of this chapter, except those for which a specific penalty is imposed by section 208 of Title 18, and section 251 of this title, shall be fined not more than $10,000 and imprisoned not more than two years. (Feb. 28, 1925, ch. 368, title III, § 314, 43 Stat. 1074.)

REFERENCES IN TEXT

Section 208 of Title 18, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and is now covered by section 602 of Title 18, Crimes and Criminal Procedure.

Section 251 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862.

§ 253. Expenses of election contests.

This chapter and section 208 of Title 18 shall not limit or affect the right of any person to make expenditures for proper legal expenses in contesting