In this part:

(a) "Act" means the Voting Rights Act of 1965, Pub. L. 89-110, as amended by Pub. L. 94-73, August 6, 1975.

(b) "Applicant” means a person who presents himself to an examiner at one of the times and places designated by the OPM under § 801.202 for the purpose of being listed as eligible to vote;

(c) "Applications" means the form prescribed by the OPM under the Act for use by a person applying for listing on an eligibility list;

(d) "OPM" means the U.S. Office of Personnel Management;

(e) "Day" means a calendar day;

(f) "Eligibility list" means a list of eligible voters or supplements to a list of eligible voters, prepared by an examiner under the Act;

(g) "Examiner” means a person designated or appointed by the OPM under the Act to examine applicants for listing on an eligibility list and to prepare and maintain lists of persons eligible to vote in Federal, State, or local elections;

means a

officer" (h) "Hearing person authorized by the OPM to adjudicate a challenge to a listing on an eligibility list;

(i) "Political subdivision", "vote", and "voting" have the meanings given these terms in the Act; and

(j) "Parties" means a challenger, a challenged person, and the representative of either.

[30 FR 9059, Aug. 7, 1965, as amended at 41 FR 16155, Apr. 16, 1976]

§ 801.102 Timely filing required.

A document or other paper required to be filed within a time limit specified in this part shall be delivered to the office involved before the close of business on the last day of the period,

or if filed by mail be postmarked before midnight of the last day of the period.

§ 801.103 Computation of time.

In computing a period of time prescribed by this part, the day of the action or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday in the State involved, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday.

§ 801.104 Words denoting number and gender.

In this part:

(a) Words importing the singular include and apply to several persons, parties, or things;

(b) Words importing the plural include the singular; and

(c) Words importing the masculine gender include the feminine as well.

Subpart B-Listing on Eligibility List § 801.201 Scope.

This subpart prescribes the times, places, and procedures for listing on an eligibility list under the Act.

§ 801.202 Times and places for filing and forms of application.

(a) The times and places designated by the OPM for filing an application in each political subdivision, and the forms of application prescribed by the OPM, shall be set out in Appendix A to this part and incorporated in and made a part of this section.

(b) The OPM shall give notice to the general public of the times and places designated under paragraph (a) of this section, to appropriate local election officials in the political subdivision, and to the attorney general of the State, by publication thereof in the FEDERAL REGISTER and by such other means as it considers appropriate.

§ 801.203 Procedures for filing application.

(a) An applicant may obtain an application at the place and during the

times set out in Appendix A for the appropriate political subdivision. An application may be completed only at the place where it was obtained and shall be submitted by the applicant in person to an examiner at that place.

(b) An examiner shall review the application in the presence of the applicant to insure that all questions are answered clearly and completely. If all questions are not answered clearly and completely or if an applicant is not able personally to complete the application in whole or in part because of lack of literacy or otherwise, or has difficulty in doing so, an examiner shall orally examine the applicant and record the pertinent information on the application or otherwise assist the applicant in completing the application.

(c) After an application is completed, an examiner shall require the applicant to take the oath or affirmation prescribed on the application and to sign his name or make his mark thereon.

§ 801.204 Qualifications requirements.

The qualifications required for listing, prescribed by the OPM after consultation with the Attorney General, for use by an examiner in examining an applicant for listing on an eligibility list shall be set out in Appendix B to this part and incorporated in and made a part of this section.

§ 801.205 Action on the application.

At the time of filing the application and in the presence of the applicant, the examiner shall review the application and make such examination as is necessary to determine whether the applicant has the prescribed qualifications. If the applicant has the prescribed qualifications, the examiner shall give him a certificate, on the form prescribed by the OPM, evidencing his eligibility to vote and enter his name on an eligibility list, the form for which is prescribed by the OPM. If the applicant does not have the prescribed qualifications, the examiner shall give him a notice of ineligibility for listing, on the form prescribed by the OPM.

§ 801.206 Review of notice of ineligibility for listing.

An applicant may obtain a review of a notice of ineligibility for listing by executing the request for review contained on that notice and returning it to the examiner or by filing a written request, either personally or through a representative, with the Examiner (State Supervisor), U.S. Office of Personnel Management, in the State involved at the address set out in Appendix C to this part and incorporated in and made a part of this section. The request shall be submitted within 10 days from the date of the notice of ineligibility for listing. The request shall set forth the applicant's reason for contesting the notice of ineligibility for listing. The Examiner (State Supervisor) shall notify the applicant or his representative and the examiner concerned of his decision. When the Examiner (State Supervisor) finds the applicant has the prescribed qualifications, he shall direct the examiner concerned to give the applicant a certificate evidencing his eligibility to vote and to enter his name on the eligibility list. There is no administrative appeal from the decision of an Examiner (State Supervisor).

§ 801.207 Certification and publication of eligibility lists.

An examiner shall certify and transmit an eligibility list at least once a month to the office of the appropriate election official, with a copy to the Attorney General and the attorney general of the State. The list shall contain the name of each eligible voter listed since the last list was certified and transmitted. The list shall be made available for public inspection beginning on the last business day of the month and in any event not later than the 45th day before an election, during normal business hours, for one period of 10 consecutive days, at the place where the persons listed filed their applications as set out in Appendix A to this part, except that the list may be made available for public inspection in the same political subdivision at a place other than the place where the persons listed filed their applications when advance notice of this change is posted at the place where

the persons listed filed their applications.

[30 FR 12392, Sept. 29, 1965]

Subpart C-Challenges to Listing on Eligibility List

§ 801.301 Scope.

This subpart prescribes the procedure that governs a challenge to a listing on an eligibility list under the Act. § 801.302 Basis of challenge.

A challenge to a listing on an eligibility list may be made only on the basis of fraud or that the challenged person does not have the prescribed qualifications.

§ 801.303 Time and place of challenge.

A challenge shall be filed within 10 days after the listing of the challenged person is made available for public inspection as provided in § 801.207 by delivering or mailing the challenge to the Examiner (State Supervisor), U.S. Office of Personnel Management, in the State involved at the address set out in Appendix C to this part.

§ 801.304 Form of challenge.

(a) A challenge shall be under oath and shall contain:

(1) The name and address of the OPM office to which it is submitted; (2) The date of submission;

(3) The name and address of the challenger;

(4) The name and address of his representative, if any;

(5) The name and address of the challenged person and his certificate number as they appear on the eligibility list;

(6) A written statement setting forth in plain and concise language the facts constituting the grounds for challenging the listing of the challenged person on the eligibility list;

(7) Affidavits of at least two persons (one of whom may be the challenger) with their addresses, stating that they have personal knowledge of the facts that constitute the grounds for challenge and setting forth those facts in plain and concise language. Each affi

davit shall be sworn to before a person authorized to administer oaths; and

(8) A certification that service of the challenge on the challenged person has been made as required by paragraph (b) of this section.

(b) The challenger shall file his challenge in triplicate and shall have a copy of it served on the challenged person. That service may be in person or by first-class mail properly addressed with charges prepaid.

§ 801.305 Rejection and docketing of challenge.

(a) When a challenge is not timely filed or served or does not meet the requirements of § 801.304, it shall not be entertained but shall be rejected.

(b) When a challenge is not rejected under paragraph (a) of this section, the hearing officer shall place it on the docket.

§ 801.306 Summary denial of challenge by hearing officer.

If on review of a challenge a hearing officer determines that the information, even if true and known at the time of listing, would not have disqualified the challenged person, he shall issue a decision denying the challenge without further proceeding and notify the parties of his reasons for this decision.

§ 801.307 Notice of hearing.

After docketing, and if not denied under § 801.306, the challenge shall be set for hearing. The challenger and the challenged person shall be sent a notice of the date, time, and place of the hearing and advised of the rights and duties of the parties including the right to request a subpena. The notice of hearing shall be dated and the date of the hearing shall not be less than 5 days from the date of that notice. The notice of hearing shall be served on the challenger and the challenged person either personally or by mail.

§ 801.308 Rights and duties of parties.

(a) The challenger has the burden of proceeding and proof at the hearing and shall appear personally or with a representative to prosecute the challenge, except that when a continuance is sought the challenger may appear

§ 801.311 Powers of hearing officer.

In addition to the powers otherwise vested in a hearing officer by this subpart, a hearing officer shall have the power to:

(a) Administer oaths and affirmations;

(b) Issue and quash subpenas; (c) Regulate the course of the hearing;

(d) Rule on offers of proof;

(e) Permit a party to withdraw from a hearing on a showing of good cause; (f) Limit the number of witnesses whose testimony would be cumulative; (g) Deny a challenge for failure to prosecute;

(h) Exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the hearing; and

(i) Take any other action in the course of the hearing consistent with law that is necessary to carry out the spirit and intent of the Act.

8801.312 Witnesses.

(a) A witness shall testify under oath or affirmation and shall be subject to cross-examination.

(b) A witness who is summoned and responds is entitled to the same witness and mileage fees as are paid for like service in the courts of the United States. The party at whose instance the testimony is taken shall pay the witness and mileage fees.

§ 801.313 Subpena.

(a) On the request of a party and for good cause shown, a hearing officer may issue a subpena for the appearance of a witness or for the production of documentary evidence.

(b) A hearing officer may quash a subpena for good cause shown.

(c) The party at whose request a subpena is issued is responsible for arranging for service. The officer or person making service shall show the original subpena to the person served, read the subpena to him if he is unable to read, and deliver a copy of the subpena to him.

(d) When a U.S. Marshal or his deputy serves a subpena, he shall evidence the service by his return on the subpena. When someone other than a U.S. Marshal or his deputy serves a subpena, the person serving the subpena shall make an affidavit, stating the date, time, and the manner of service, and shall return the affidavit on, or with, the original subpena in accordance with the form thereon. When the U.S. Marshal, his deputy, or other person, as appropriate, cannot serve the subpena, he shall state his reason for the failure on the original subpena. When the person named in the subpena accepts service of the subpena in writing, no other evidence of return is necessary. The person responsible for serving a subpena shall return the original subpena, bearing or accompanied by the required return, affidavit, statement, or acceptance of service, to the officer presiding at the hearing at which the person subpenaed is required to appear.

The hearing officer who presided at the hearing, unless he has become unavailable, shall decide the case on the record. If no hearing is held, the hearing officer to whom the challenge was assigned shall decide the case on the record. The decision shall be in writing and shall state the reasons or basis for the decision. Copies of the decision shall be served on the parties. The decision shall be issued not more than 15 days after the challenge is docketed under § 801.305. The record, including the decision, shall be certified as true and complete by the hearing officer and forwarded to the Examiner (State Supervisor), U.S. Office of Personnel Management in the State involved at the address set out in Appendix C to this part. It shall be available to interested persons at that office.

§ 801.316 Action after challenge is sustained.

When a hearing officer sustains a challenge, he shall, after the courts have finally sustained his decision or the time for petitioning for a court review of that decision has expired, instruct an examiner to remove the name of the challenged person from the eligibility list and cancel that person's certificate evidencing his eligibility to vote. The examiner shall notify the challenged person, the appropriate election official, the Attorney General, and the attorney general of the appropriate State of his action.

§ 801.317 Appeal.

There is no administrative appeal from the decision of a hearing officer or from any of his rulings. A petition