[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Rules and Regulations]
[Page 18715-18716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap08-8]
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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2006 repealed sections 6, 7, and 9 of the Voting Rights Act of 1965,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U.S.C. 1973d, 1973e and 1973g) are repealed.'').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 Chris.Hammond@opm.gov.
FOR FURTHER INFORMATION CONTACT: Chris Hammond by telephone at (202)
606-5262; by FAX at (202) 606-0398; or by e-mail at
Chris.Hammond@opm.gov.
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years, but repealed sections 6, 7, and 9, which had authorized the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