States and has not returned to the command from which he deserted, made good the time lost in desertion, and served out the term of his original enlistment;

(7) He becomes an inmate of any charitable institution, except the Soldiers Home and the United States Marine Hospital at Carville; or

(8) He loses his citizenship in the United States or the State of Louisiana.

A person loses his eligibility to vote in municipal elections only, if he is no longer a legal resident of his city or town. Loss of

eligibility to vote in a municipal election because of change of such residence does not result in loss of eligibility in any other election.

MISSISSIPPI

A person loses his eligibility to vote in elections in the State of Mississippi if:

(1) He is no longer a legal resident of the State of Mississippi or the election district for which he is listed;

(2) He dies;

(3) He is convicted of arson, bigamy, bribery, burglary, embezzlement, forgery, obtaining money for goods under false pretenses, perjury, or theft and has not had his right to vote restored by the legislature;

(4) He is declared legally insane by a court and has not been subsequently declared legally sane or competent by a court; or

(5) He loses his citizenship in the United States.

A person loses his eligibility to vote in municipal elections only, if he (1) is no longer a legal resident of his city or town, or (2) if he has, within two years before the next municipal election, been convicted within the municipality of violating the liquor laws of the State or the municipality, or (3) is at the time of the municipal election in default for taxes due the municipality for the two preceding years. Loss of eligibility to vote in a municipal election because of change of such residence or such conviction or such default in taxes does not result in loss of eligibility in any other election.

SOUTH CAROLINA

A person loses his eligibility to vote in elections in the State of South Carolina if: (1) He is no longer a legal resident of the State of South Carolina or the county for which he is listed;

(2) He dies;

(3) He is convicted of burglary, arson, obtaining goods or money under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife-beating, housebreaking, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, miscegenation, larceny, challenging or accepting a challenge to duel with a deadly weapon, or

crimes against the election laws and his right to vote has not been restored by pardon;

(4) He is declared legally insance, idiotic or incompetent by a court and has not subsequently been declared legally sane or competent by a court;

(5) He becomes a pauper supported at public expense; or

(6) He loses his citizenship in the United States or the State of South Carolina.

A person loses his eligibility to vote in municipal elections only if he is no longer a legal resident of his city or town. Loss of eligibility to vote in a municipal election because of change of residence does not result in a loss of eligibility in any other election.

[30 F.R. 9913, Aug. 10, 1965, as amended at 30 F.R. 11104, Aug. 27, 1965; 30 F.R. 14046, Nov. 6, 1965]

§ 801.403

Procedure for removals determined by examiners.

An examiner may remove the name of a listed person as authorized by § 801.402 (c) only after:

(a) Giving the person a notice of the proposed removal of his name stating the reason why the removal is proposed and offering the person an opportunity to answer the notice of proposed removal in person or in writing or both within ten days after his receipt of that notice; and

(b) Considering all available evidence concerning the person's loss of eligibility to vote, including any timely answer submitted by the person.

§ 801.404 Notification of removals.

When an examiner removes the name of a person from an eligibility list he shall notify the person, the appropriate election officials, the Attorney General, and the attorney general of the State of that removal and the reason therefor. Subpart E-Voting Complaint § 801.501 Scope.

This subpart prescribes the procedure for filing and processing a complaint under the Act that a person was not permitted to vote.

§ 801.502 Making a complaint.

A person who has been listed on an eligibility list or registered by an appropriate election official and who is eligible to vote but has not been per

mitted to vote may make a complaint regarding that denial to an examiner for the political subdivision where the denial occurred. The complaint may be either oral or in writing and must be made within 48 hours after the closing of the polls.

§ 801.503

Processing a complaint.

The examiner to whom a complaint is made shall promptly ascertain whether the complaint is well founded. If the

examiner determines the complaint is not well founded he shall notify the person who complained of his determination and take no further action on the complaint. If the examiner determines that the complaint is well founded the examiner shall notify the person and the Attorney General of his determination and of the reason for that determination and furnish the Attorney General with any papers or evidence relating to the complaint.

§ 901.1

Purposes of the Act.

In the Declaration of Objecitves for Older Americans (section 101 of the Older Americans Act of 1965), the Congress found and declared that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States and of the several States and their political subdivisions to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives:

(a) An adequate income in retirement in accordance with the American standard of living.

(b) The best possible physical and mental health which science can make available and without regard to economic status.

(c) Suitable housing, independently selected, designed, and located with reference to special needs and available at costs which older citizens can afford.

(d) Full restorative services for those who require institutional care.

(e) Opportunity for employment with no discriminatory personnel practices because of age.

(f) Retirement in health, honor, dignity-after years of contribution to the economy.

(g) Pursuit of meaningful activity within the widest range of civic, cultural, and recreational opportunities.

(h) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

(i) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

(j) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives. § 901.2

Definitions.

(a) "Act" means the Older Americans Act of 1965, Public Law 89-73, approved July 14, 1965.

(b) "Administration on Aging" means the Administration on Aging established under the provisions of the Act in the

Department of Health, Education, and Welfare.

(c) "Commissioner" means the Commissioner of the Administration on Aging. (d) “Department” means the Department of Health, Education, and Welfare. (e) The term "fiscal year" refers to the Federal fiscal year.

(f) The term "nonprofit" as applied to a private agency, institution or organization refers to a private agency, institution or organization, whether or not incorporated, no part of the net earnings of which inures, or may legally inure, to the benefit of any private shareholder or individual.

(g) "Population" as applied to any State means the population of that State as determined by the most recent official estimates of the Bureau of the Census available to the Secretary preceding the fiscal year for which Federal grant funds are appropriated.

(h) "Project Period" means the period of time which the Secretary finds is reasonably required to initiate and conduct a project submitted under the provisions of Title IV or V of the Act.

(i) "Secretary" means the Secretary of Health, Education, and Welfare.

(j) "State" means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and American Samoa.

(k) "State agency" means the single State agency established or designated as the sole agency for administering or supervising the administration of the State plan.

(1) "State plan" means the document or documents submitted by the States to comply with the requirements for participation under Title III of the Act.

A basic condition to the certification of Federal funds under Title III of the Act is a State plan found to meet Federal requirements. This plan shall constitute a description of the State's program in aging established to carry out the purposes of the Act through (a) community planning and coordination of programs; (b) demonstrations of programs or activities; (c) training of special personnel needed to carry out such programs and activities; and (d) establishment of new or expansion of existing programs to carry out such purposes, including establishment of new or expansion of existing centers which will provide recreational and other leisure time activities, and informational, health, welfare, counseling, and referral services for older persons and assist such persons in providing volunteer community or civic services; except that no cost of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion.

The State plan and all amendments thereto shall be submitted to the Secretary by duly authorized officer of the State agency in accordance with the State Plan Guide distributed by the Department of Health, Education, and Welfare to the States. The State plan shall indicate the official or officials who are authorized to submit additional plan material.

§ 903.3 Plan approval.

The State plan and all amendments thereto shall be submitted to the Secretary through the Regional Representative on Aging. The Regional Representative reviews and forwards the plan and amendments together with his comments and recommendations to the central office of the Administration on aging. The Secretary shall approve any State plan meeting the requirements of the Act and of this part.

The approved State plan and all amendments shall be subject to review from time to time as the Secretary may prescribe.

§ 903.6 Plan disapproval.

No State plan, or any modification thereof, submitted under section 303 of the Act, shall be finally disapproved without first affording the State reasonable notice and opportunity for a hearing.

§ 903.7 Withholding of funds.

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of a State plan approved under section 303 (a) of the Act, finds that (a) the State plan has been so changed that it no longer complies with the provisions of section 303(a) of the Act, or (b) in the admin

istration of the plan there is a failure to comply substantially with any such provision, the Secretary shall notify such State agency that no further payments will be made to the State under Title III of this Act (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure) until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied no further payments shall be made to such State under Title III of the Act (or payments shall be limited to projects under or portions of the State plan not affected by such failure). § 903.8 Appeal.

A State which is dissatisfied with a final action of the Secretary under § 903.6 or § 903.7 may appeal to the United States Court of Appeals for the circuit in which the State is located, by filing a petition with such court within 60 days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28, United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the