NUMBER OF CHALLENGES Mr. RHODES. How many challenges have you had so far? Mr. ANDOLSEK. The deadline is not up yet. Mr. MACY. Yes. The provision on challenges is that the Commission must post the names of those considered eligible at the end of each month and a 10-day period is allowed for challenges. As of this morning 7 of those 10 days have run and we have yet to receive a challenge. Mr. RHODES. You are probably not going to need quite as much money for processing challenges and defending appeals as you ask for in here, are you? Mr. MACY. That would certainly be my hope. However, again this is just the first month and this is just 14 counties. We are dealing with a large number of unknowns here and we have tried to put numbers on as many of those unknowns as we can with as much reliability as we can. But we have very little experience. QUALIFICATIONS OF EXAMINERS Mr. RHODES. What qualifications do your registration people have to have? Mr. MACY. The people we are using at the present time are our own, primarily civil service investigators, who are selected from a civil service examination, have been through training as investigators, and performed as investigators. In each case they gave their consent to perform this duty. They received a special training program. Then they have worked on the job under close supervision. They are all residents of this part of the country and have been working for the Commission in that area. DETERMINATION BY THE ATTORNEY GENERAL Mr. RHODES. You were sent into a county by the Attorney General under the law; is that correct? Mr. MACY. Under the law the Attorney General pulls the trigger. He determines which jurisdictions meet the standard for Federal examiners. Mr. EvINS. Mr. Chairman, for the record that is not a very good choice of phrase, "pulls the trigger." Mr. MACY. Let me say he makes a determination as to whether or not the conditions in the statute have been met. Mr. JONAS. They used "triggering" through all the debates. Mr. MACY. They did. That is why I employed the language. I thought it had become nonmilitant through extensive use in Congress. Mr. RHODES. I think it has in this instance. At least I did not bridle when you used it. That is all. Mr. JONAS. Why did you ask in Mississippi, "Are you a minister or minister's wife?" What is the purpose? Mr. MACY. I am afraid you will have to consult the State legislature why they do that. This is a State requirement. We are getting all the information that is required by the State and the State voting laws except those that relate to the literacy. BASIS FOR EXCLUSION Mr. EVINS. Other than having been convicted of a misdemeanor or crime, what is the next category of exclusions? Mr. MACY. The next category of exclusion would be those that were under age and those that failed to meet the resident requirements. FINANCING OF CURRENT REQUIREMENTS Mr. EVINS. Have you apportioned your appropriation for this work? Have you been funding it out of other activities? Mr. MACY. We have been funding it out of our salaries and expenses appropriation. We have a request with the Bureau of the Budget for apportionment on it. Mr. EVINS. Have you transfer authority within the Commission of funds up to a certain amount? Mr. WILLIAMS. No. We are doing it out of regular salaries and expenses through the apportionment process, spending heavier in several quarters. Mr. EVINS. You indicate you need $292,000 for stenographic reporting services. Mr. MACY. Yes. That is entirely related to the hearings before the hearing officers on challenges. Again if the challenges do not materialize that particular item would be substantially if not virtually eliminated. Mr. EVINS. What are you paying per page to your reporters under the contract? Mr. MACY. This is the going rate. We figured $30 a hearing. PROCESSING CHALLENGES Mr. RHODES. Mr. Chairman, would you yield at that point? Mr. Macy, how is the processing of a challenge handled? If the challenge is denied, what legal steps can be taken by a person who wants to press the challenge? Mr. MACY. The challenger can press it in the court of appeals. Mr. RHODES. He goes directly from the hearing examiner to the court of appeals without intermediate stop at the Federal district court. Mr. MACY. That is correct. Mr. RHODES. Then presumably he goes to the U.S. Supreme Court? Mr. MACY. Presumably. APPLICATION FORMS Mr. EVINS. If there is no objection these three applications for the registration forms will be included in the hearings. (The applications follow :) APPLICATION TO BE LISTED FORM APPROVED STATE OF ALABAMA COUNTY OF INSTRUCTIONS TO THE APPLICANT: Please fill out this side of this form. If you need help in answering any question, the Examiner will help you. 7. Are you now (1) on active duty in the Armed Forces of the United States or the Alabama National Guard, (2) an employee of the United States or the State of Alabama, or (3) a seaman or college student? 8a) Are you now registered to vote in Alabama? (b) Are you now listed under the Voting Rights Act? 9. Are you a citizen of the United States and of the State of Alabama?. 10. Have you ever been convicted of a crime other than a traffic violation? 11. Have you ever been declared legally insane by a court? or ward? Any willful false statement on this application is a Federal crime punishable by fine or imprisonment. STOP HERE. TAKE THE FORM TO THE EXAMINER. I do solemnly swear (or affirm) that the information I have provided is true and correct to the best of my knowledge, information, and belief. I do further personally swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alabama; and that I do not believe in nor am I affiliated with any group or party which advocated or advocates the overthrow of the government of the United States or of the State of Alabama by unlawful means. Signature (or mark) of applicant m to (or affirmed) and subscribed before me on this date. Examiner. United States Civil Service Commission CSC FORM 80S-A ↑ AUGUST 1965 DO NOT WRITE ON THIS SIDE FOR USE BY EXAMINER ADDITIONAL INFORMATION ITEMS 2. If applicant shows his age to be under 21, write in his date of birth.. 4. If applicant shows that he has not lived in Alabama for one year, will he Yes No 5. If applicant shows that he has not lived at his present address for six months, will he by the date of the next election have: APPLICATION TO BE LISTED UNDER THE VOTING RIGHTS ACT OF 1965 FORM APPROVED BUDGET BUREAU NO. 50-R399 STATE OF LOUISIANA PARISH OF INSTRUCTIONS TO THE APPLICANT: Please fill out this side of this form. If you need help in answering questions I through 13, the Examiner will help you. 7. Are you now (1) on active duty in the Armed Forces of the United States or the Louisiana National Guard, (2) an employee of the United States or the State of Louisiana, or (3) a seaman or college student? 8. (a) Are you now registered to vote in Louisiana? (b) Are you now listed under the Voting Rights Act? 9. Are you a citizen of the United States and of the State of Louisiana? 10. Have you ever been convicted of a crime other than a traffic or game violation? 11. Have you ever been dishonorably discharged from or are you a deserter from the Louisiana National Guard or militia or the military service of the United States?................. Any willful false statement on this application is a Federal crime punishable by fine or imprisonment. STOP HERE. TAKE THE FORM TO THE EXAMINER I do solemnly swear (or affirm) that I will faithfully and fully abide by all of the laws of the State of Louisiana, that I a well disposed to the good order and happiness of the State of Louisiana and of the United States, and that the information I have provided is true to the best of my knowledge and belief.. ture (or mark) of applicant. Sworn to (or affirmed) and subscribed before me this date Examiner United States Civil Service Commission CSC FORM 805-L |