45 C.F.R. Subpart D—Removals From Eligibility List


Title 45 - Public Welfare


Title 45: Public Welfare
PART 801—VOTING RIGHTS PROGRAM

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Subpart D—Removals From Eligibility List

§ 801.401   Scope.

The subpart prescribes the bases and procedures for removals from eligibility lists under the Act.

§ 801.402   Bases for removals.

An examiner shall remove the name of a person from an eligibility list:

(a) Pursuant to the instruction of a hearing officer under §801.316;

(b) Pursuant to the order of a court having jurisdiction under the Act;

(c) When the examiner determines that the listed person has lost his eligibility to vote under State law not inconsistent with the Constitution and the laws of the United States and in accordance with the instructions concerning loss of eligibility to vote prescribed by the OPM after consultation with the Attorney General which shall be set out in appendix D to this part and incorporated in and made a part of this section.

§ 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.

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