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U.S. Code as of:
01/19/04
Section 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.
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