
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: 42USC1973g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
              SUBCHAPTER I-A--ENFORCEMENT OF VOTING RIGHTS
 
Sec. 1973g. Challenges to eligibility listings


(a) Filing of challenge; supplementary affidavits; service upon person 
        challenged; hearing; review

    Any challenge to a listing on an eligibility list prepared by an 
examiner shall be heard and determined by a hearing officer appointed by 
and responsible to the Director of the Office of Personnel Management 
and under such rules as the Director shall by regulation prescribe. Such 
challenge shall be entertained only if filed at such office within the 
State as the Director of the Office of Personnel Management shall by 
regulation designate, and within ten days after the listing of the 
challenged person is made available for public inspection, and if 
supported by (1) the affidavits of at least two persons having personal 
knowledge of the facts constituting grounds for the challenge, and (2) a 
certification that a copy of the challenge and affidavits have been 
served by mail or in person upon the person challenged at his place of 
residence set out in the application. Such challenge shall be determined 
within fifteen days after it has been filed. A petition for review of 
the decision of the hearing officer may be filed in the United States 
court of appeals for the circuit in which the person challenged resides 
within fifteen days after service of such decision by mail on the person 
petitioning for review but no decision of a hearing officer shall be 
reversed unless clearly erroneous. Any person listed shall be entitled 
and allowed to vote pending final determination by the hearing officer 
and by the court.

(b) Rules and regulations by Director of the Office of Personnel 
        Management

    The times, places, procedures, and form for application and listing 
pursuant to subchapters I-A to I-C of this chapter and removals from the 
eligibility lists shall be prescribed by regulations promulgated by the 
Director of the Office of Personnel Management and the Director shall, 
after consultation with the Attorney General, instruct examiners 
concerning applicable State law not inconsistent with the Constitution 
and laws of the United States with respect to (1) the qualifications 
required for listing, and (2) loss of eligibility to vote.

(c) Subpena power of Director of the Office of Personnel Management; 
        contempt

    Upon the request of the applicant or the challenger or on its own 
motion the Director of the Office of Personnel Management shall have the 
power to require by subpena the attendance and testimony of witnesses 
and the production of documentary evidence relating to any matter 
pending before the Director under the authority of this section. In case 
of contumacy or refusal to obey a subpena, any district court of the 
United States or the United States court of any territory or possession, 
or the District Court of the United States for the District of Columbia, 
within the jurisdiction of which said person guilty of contumacy or 
refusal to obey is found or resides or is domiciled or transacts 
business, or has appointed an agent for receipt of service of process, 
upon application by the Attorney General of the United States shall have 
jurisdiction to issue to such person an order requiring such person to 
appear before the Director or a hearing officer, there to produce 
pertinent, relevant, and nonprivileged documentary evidence if so 
ordered, or there to give testimony touching the matter under 
investigation; and any failure to obey such order of the court may be 
punished by said court as a contempt thereof.

(Pub. L. 89-110, title I, Sec. 9, Aug. 6, 1965, 79 Stat. 441; 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'', ``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 1973d, 1973e, 1973i, 1973l 
of this title.
