The failure of contestee 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 to prove that the election results entitle him to contestee’s seat.
Structure US Code
CHAPTER 12— CONTESTED ELECTIONS
§ 384. Service and filing of papers other than notice of contest
§ 388. Subpena for attendance at deposition
§ 389. Officer and witness fees
§ 390. Penalty for failure to appear, testify, or produce documents
§ 391. Certification and filing of depositions
§ 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers