
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: 42USC1973e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
              SUBCHAPTER I-A--ENFORCEMENT OF VOTING RIGHTS
 
Sec. 1973e. Examination of applicants for registration


(a) Form of application; requisite allegation of nonregistration

    The examiners for each political subdivision shall, at such places 
as the Director of the Office of Personnel Management shall by 
regulation designate, examine applicants concerning their qualifications 
for voting. An application to an examiner shall be in such form as the 
Director may require and shall contain allegations that the applicant is 
not otherwise registered to vote.

(b) Placement of eligible voters on official lists; transmittal of lists

    Any person whom the examiner finds, in accordance with instructions 
received under section 1973g(b) of this title, to have the 
qualifications prescribed by State law not inconsistent with the 
Constitution and laws of the United States shall promptly be placed on a 
list of eligible voters. A challenge to such listing may be made in 
accordance with section 1973g(a) of this title and shall not be the 
basis for a prosecution under section 1973j of this title. The examiner 
shall certify and transmit such list, and any supplements as 
appropriate, at least once a month, to the offices of the appropriate 
election officials, with copies to the Attorney General and the attorney 
general of the State, and any such lists and supplements thereto 
transmitted during the month shall be available for public inspection on 
the last business day of the month and in any event not later than the 
forty-fifth day prior to any election. The appropriate State or local 
election official shall place such names on the official voting list. 
Any person whose name appears on the examiner's list shall be entitled 
and allowed to vote in the election district of his residence unless and 
until the appropriate election officials shall have been notified that 
such person has been removed from such list in accordance with 
subsection (d) of this section: Provided, That no person shall be 
entitled to vote in any election by virtue of subchapters I-A to I-C of 
this chapter unless his name shall have been certified and transmitted 
on such a list to the offices of the appropriate election officials at 
least forty-five days prior to such election.

(c) Certificate of eligibility

    The examiner shall issue to each person whose name appears on such a 
list a certificate evidencing his eligibility to vote.

(d) Removal of names from list by examiners

    A person whose name appears on such a list shall be removed 
therefrom by an examiner if (1) such person has been successfully 
challenged in accordance with the procedure prescribed in section 1973g 
of this title, or (2) he has been determined by an examiner to have lost 
his eligibility to vote under State law not inconsistent with the 
Constitution and the laws of the United States.

(Pub. L. 89-110, title I, Sec. 7, Aug. 6, 1965, 79 Stat. 440; renumbered 
title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended 
1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 
Stat. 3783.)

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' and ``Director'' 
substituted for ``Civil Service Commission'' and ``Commission'', 
respectively, in subsec. (a) 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 section 1973j of this title.
