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2 USC § 390 - Penalty for failure to appear, testify, or produce documents 

---
identifier: "/us/usc/t2/s390"
source: "usc"
legal_status: "official_prima_facie"
title: "2 USC § 390 - Penalty for failure to appear, testify, or produce documents"
title_number: 2
title_name: "THE CONGRESS"
section_number: "390"
section_name: "Penalty for failure to appear, testify, or produce documents"
chapter_number: 12
chapter_name: "CONTESTED ELECTIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 91–138, § 11, Dec. 5, 1969, 83 Stat. 288.)"
---

# § 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 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.)

## 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 , see , set out as a note under .