[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18715-18716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7142]


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OFFICE OF PERSONNEL MANAGEMENT

45 CFR Part 801

RIN 3206-AL40


Voting Rights Program

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is removing part 801 
of title 45, Code of Federal Regulations, Voting Rights Program, which 
prescribes the times, places, manner and procedures for the listing and 
removal of the names of persons on voter eligibility lists in 
accordance with sections 6, 7, and 9 of the Voting Rights Act of 1965. 
Enactment of Public Law 109-246, the Fannie Lou Hamer, Rosa Parks, and 
Coretta Scott King Voting Rights Reauthorization and Amendments Act of 
2006 repealed sections 6, 7, and 9 of the Voting Rights Act of 1965, 
which included the statutory authority for OPM's promulgation of these 
regulations (Pub. L. 109-246, Section 3. Changes relating to use of 
examiners and observers. ``(c) Repeal of Sections Relating to 
Examiners.--Sections 6, 7, and 9 of the Voting Rights Act of 1965 (42 
U.S.C. 1973d, 1973e and 1973g) are repealed.''). Therefore, OPM is no 
longer authorized to maintain these regulations.

DATES: Effective date: April 7, 2008. Comment date: Submit comments on 
or before June 6, 2008.

ADDRESSES: Send or deliver written comments to Chris Hammond, Voting 
Rights Program Manager, Office of Personnel Management, 1900 E Street, 
NW., Room 2469R, Washington, DC 20415; by FAX to (202) 606-0398; or by 
e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Chris Hammond by telephone at (202) 
606-5262; by FAX at (202) 606-0398; or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On July 27, 2006, the President signed the 
Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act 
Reauthorization and Amendments Act of 2006 (VRARA), Public Law 109-246, 
into law. The VRARA reauthorized many of the temporary provisions of 
the Voting Rights Act of 1965, Public Law 89-110, for an additional 25 
years, but repealed sections 6, 7, and 9, which had authorized the 
Federal examiner program. Additionally, the VRARA amended other 
sections of the Voting Rights Act by removing all references to Federal 
examiners.

Purpose and Scope

    The Voting Rights Act, as reauthorized and amended by the VRARA, 
continues in full force and effect to prohibit discrimination in voting 
on the basis of race or color and to provide protections for designated 
language minority groups. The Office of Personnel Management (OPM) will 
continue to assign, at the request of the Attorney General, Federal 
observers under the authority of the Voting Rights Act, to monitor and 
report on election procedures in certified political subdivisions 
(typically counties or parishes).
    The sole purpose of OPM's removal of part 801 of title 45, Code of 
Federal Regulations, is to implement Congress' repeal of the Federal 
examiner program in the VRARA. This removal does not affect the 
Procedures for the Voting Rights Act promulgated by the Department of 
Justice (DOJ), parts 51

[[Page 18716]]

and 55 of title 28, Code of Federal Regulations.

The Voting Rights Act--Generally

    The Voting Rights Act, signed by President Lyndon B. Johnson on 
August 6, 1965, and amended in 1970, 1975, 1982, 1992, and 2006, 
enforces the permanent guarantee of the Fifteenth Amendment to the 
Constitution that no person shall be denied the right to vote on 
account of race or color, among other protections. In addition, the 
Voting Rights Act contains several special temporary provisions that 
impose more stringent requirements on covered jurisdictions in certain 
areas of the country and provides protections for designated language 
minority groups. Under the Voting Rights Act, DOJ is responsible for 
enforcement and OPM is responsible for providing Federal observers to 
monitor and report on the election process in areas designated by the 
Attorney General or a Federal court. Prior to enactment of the VRARA, 
the Voting Rights Act authorized the Attorney General to request that 
OPM assign Federal examiners to certified jurisdictions to ensure that 
legally qualified persons were free to register for Federal, State, and 
local elections.

The Federal Examiner Program

    Sections 6, 7, and 9 of the Voting Rights Act, previously codified 
at 42 U.S.C. 1973d, 1973e, and 1973g (2005), established the Federal 
examiner program. Under this program, persons in covered political 
subdivisions could attest to their eligibility to vote in Federal, 
State, and local elections by applying to a Federal examiner when such 
an examiner had been designated to serve in the jurisdiction. The 
examiner would, in turn, assess the applicant's voter qualifications as 
prescribed by State law and consistent with the Constitution and laws 
of the United States, and--if the person were eligible--instruct the 
voter's county/parish to include him/her on its voter rolls. Such 
voters could then not be removed from local voter rolls unless and 
until approval had been obtained from the Federal examiner. The OPM 
(formerly the Civil Service Commission) was responsible for 
administering the program and was authorized to promulgate regulations 
prescribing the times, places, manner and procedures for the listing 
and removal of the names of persons on voter eligibility lists. In 
accordance with this responsibility, OPM promulgated regulations for 
the Federal examiner program at part 801 of title 45, Code of Federal 
Regulations.

Congressional Hearings on Reauthorization and Amendment

    With various provisions of the Voting Rights Act, including those 
establishing the Federal examiner program (sections 6, 7, and 9), 
scheduled to expire in 2007, Congress held hearings in 2005 and 2006 on 
reauthorization and amendment of the Voting Rights Act. During these 
hearings, Congress heard testimony from voting rights experts and 
representatives from OPM and DOJ who had worked with and supported the 
Federal examiner program. Congressional testimony revealed that Federal 
examiners had not been used to list eligible voters since 1983 and 
enactment of the National Voter Registration Act of 1993 (NVRA), Public 
Law 103-31, and the Help America Vote Act of 2002 (HAVA), Public Law 
107-252, has significantly improved voter registration. Under the NVRA, 
States are required to make registration materials available at all 
driver's license offices, public benefits offices, and other social 
service agencies. States are also required to maintain voter 
registration lists for Federal elections in accordance with standards 
set out by the NVRA. Under HAVA, States are required to meet minimum 
standards with regard to updating voting equipment, administering 
provisional balloting, and maintaining one centrally located Statewide 
voter registration list. Therefore, in the final version of the bill to 
reauthorize and amend the Voting Rights Act (H.R. 9), Congress chose to 
include provisions to repeal sections 6, 7, and 9 and remove all 
references to Federal examiners. See H. Rept. 109-478, 2d Sess., at 61-
62 (2006).

Repeal of Authority for the Federal Examiner Program and Attendant 
Regulations

    On July 27, 2006, the President signed the VRARA into law, thereby 
repealing sections 6, 7 and 9 of the Voting Rights Act and eliminating 
the Federal examiner program. Section 9 had previously provided the 
statutory authority for OPM to promulgate regulations prescribing the 
times, places, manner and procedures for the listing and removal of the 
names of persons on voter eligibility lists. Therefore, OPM is no 
longer authorized to maintain part 801 of title 45, Code of Federal 
Regulations.

Conclusion of the Federal Examiner Program

    Removal of part 801 of title 45, Code of Federal Regulations, is 
consistent with repeal of authority for the Federal examiner program. 
The DOJ and OPM have taken additional steps to effectuate the 
conclusion of the Federal examiner program. By letter dated May 1, 
2007, the Chief of the Voting Section, DOJ, notified the five States 
affected by the end of the Federal examiner program (Alabama, Georgia, 
Mississippi, Louisiana, and South Carolina) that enactment of the VRARA 
had ended the program and enclosed, for each State, a final listing of 
remaining eligible voters listed by Federal examiners. The DOJ letter 
informed these States that final responsibility for making 
determinations on whether these Federally listed voters remain eligible 
in accordance with voter qualifications prescribed by State law and 
consistent with the Constitution and laws of the United States now 
rests with these States and their counties or parishes. Similarly, by 
letters dated May 17 or 18, 2007, OPM notified affected counties and 
parishes in those States that the Federal examiner program had ended 
and enclosed a copy of the DOJ letter to the respective State. OPM has 
also returned all unprocessed requests from counties and parishes to 
remove names from Federal examiner lists.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains 
only to the removal of regulatory language made obsolete in 2006 by the 
enactment of Public Law 109-246.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 45 CFR Part 801

    Public welfare, Voting Rights Program.

Office of Personnel Management.
Linda M. Springer,
Director.

0
Therefore, under the authority of the Fannie Lou Hamer, Rosa Parks, and 
Coretta Scott King Voting Rights Act Reauthorization and Amendments Act 
of 2006, OPM removes part 801.

PART 801--[REMOVED]

 [FR Doc. E8-7142 Filed 4-4-08; 8:45 am]
BILLING CODE 6325-38-P