
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1973d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
              SUBCHAPTER I-A--ENFORCEMENT OF VOTING RIGHTS
 
Sec. 1973d. Federal voting examiners; appointment

    Whenever (a) a court has authorized the appointment of examiners 
pursuant to the provisions of section 1973a(a) of this title, or (b) 
unless a declaratory judgment has been rendered under section 1973b(a) 
of this title, the Attorney General certifies with respect to any 
political subdivision named in, or included within the scope of, 
determinations made under section 1973b(b) of this title that (1) he has 
received complaints in writing from twenty or more residents of such 
political subdivision alleging that they have been denied the right to 
vote under color of law on account of race or color, or in contravention 
of the guarantees set forth in section 1973b(f)(2) of this title, and 
that he believes such complaints to be meritorious, or (2) that in his 
judgment (considering, among other factors, whether the ratio of 
nonwhite persons to white persons registered to vote within such 
subdivision appears to him to be reasonably attributable to violations 
of the fourteenth or fifteenth amendment or whether substantial evidence 
exists that bona fide efforts are being made within such subdivision to 
comply with the fourteenth or fifteenth amendment), the appointment of 
examiners is otherwise necessary to enforce the guarantees of the 
fourteenth or fifteenth amendment, the Director of the Office of 
Personnel Management shall appoint as many examiners for such 
subdivision as the Director may deem appropriate to prepare and maintain 
lists of persons eligible to vote in Federal, State, and local 
elections. Such examiners, hearing officers provided for in section 
1973g(a) of this title and other persons deemed necessary by the 
Director to carry out the provisions and purposes of subchapters I-A to 
I-C of this chapter shall be appointed, compensated, and separated 
without regard to the provisions of any statute administered by the 
Director of the Office of Personnel Management, and service under 
subchapters I-A to I-C of this chapter shall not be considered 
employment for the purposes of any statute administered by the Director 
of the Office of Personnel Management, except the provisions of 
subchapter III of chapter 73 of title 5 relating to political 
activities: Provided, That the Director is authorized, after consulting 
the head of the appropriate department or agency, to designate suitable 
persons in the official service of the United States, with their 
consent, to serve in these positions. Examiners and hearing officers 
shall have the power to administer oaths.

(Pub. L. 89-110, title I, Sec. 6, Aug. 6, 1965, 79 Stat. 439; renumbered 
title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended 
Pub. L. 94-73, title II, Secs. 205, 206, Aug. 6, 1975, 89 Stat. 402; 
1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 
Stat. 3783; Pub. L. 103-94, Sec. 5, Oct. 6, 1993, 107 Stat. 1005.)


                               Amendments

    1993--Pub. L. 103-94 substituted ``the provisions of subchapter III 
of chapter 73 of title 5 relating to political activities'' for ``the 
provisions of section 9 of the Act of August 2, 1939, as amended (5 
U.S.C. 118i), prohibiting partisan political activity''.
    1975--Pub. L. 94-73 inserted reference to fourteenth amendment in 
three places and substituted ``on account of race or color, or in 
contravention of the guarantees set forth in section 1973b(f)(2) of this 
title'' for ``on account of race or color''.


           Effective Date of 1993 Amendment; Savings Provision

    Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, 
but not to release or extinguish any penalty, forfeiture, or liability 
incurred under amended provision, which is to be treated as remaining in 
force for purpose of sustaining any proper proceeding or action for 
enforcement of that penalty, forfeiture, or liability, and no provision 
of Pub. L. 103-94 to affect any proceedings with respect to which 
charges were filed on or before 120 days after Oct. 6, 1993, with orders 
to be issued in such proceedings and appeals taken therefrom as if Pub. 
L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set 
out as an Effective Date; Savings Provision note under section 7321 of 
Title 5, Government Organization and Employees.

                          Transfer of Functions

    ``Director of the Office of Personnel Management'', ``Director'', 
and ``the Director'' substituted in text for ``Civil Service 
Commission'', ``Commission'', and ``it'', respectively, pursuant to 
Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set 
out under section 1101 of Title 5, Government Organization and 
Employees, which transferred all functions vested by statute in United 
States Civil Service Commission to Director of Office of Personnel 
Management (except as otherwise specified), effective Jan. 1, 1979, as 
provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 
1055, set out under section 1101 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 1973a, 1973b, 1973i, 1973k 
of this title.
