Page:United States Statutes at Large Volume 79.djvu/481

 79 STAT.]

PUBLIC LAW 89-110-AUGUST 6, 1965

441

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) The examiner shall issue to each person whose name appears on such a list a certificate evidencing his eligibility to vote. (d) 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 9, 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. SEC. 8. Whenever an examiner is serving under this Act in any poli- observers at tical subdivision, the Civil Service Commission may assign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. Such persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 3 (a), to the court. SEC. 9. (a) Any challenge to a listing on an eligibility list pre- i'?^^b^\^r^fstui s pared by an examiner shall be heard and determined by a hearing L^arings.^ officer appointed by and responsible to the Civil Service Commission and under such rules as the Commission shall by regulation prescribe. Such challenge shall be entertained only if filed at such office within the State as the Civil Service Commission shall by regulation designate, and within ten days after the listing of the challenged person is made available for public inspection, and if suported 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) The times, places, procedures, and form for application and Procedural listing pursuant to this Act and removals from the eligibility lists '"^8"^®*^^°"®shall be prescribed by regulations promulgated by the Civil Service Commission and the Commission 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) Upon the request of the applicant or the challenger or on its subpena power. own motion the Civil Service Commission shall have the power to require by subpena the attendance and testimony of witnesses and the

49-850 0-66—31

�