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States and has not returned to the command from which he deserted, made good the time lost in desertion, and served out the term of his original enlistment;

(7) He becomes an inmate of any charitable institution, except the Soldiers Home and the United States Marine Hospital at Carville; or

(8) He loses his citizenship in the United States or the State of Louisiana.

A person loses his eligibility to vote in municipal elections only, if he is no longer a legal resident of his city or town. Loss of eligibility to vote in a municipal election because of change of such residence does not result in loss of eligibility in any other election.

MISSISSIPPI

A person loses his eligibility to vote in elections in the State of Mississippi if:

(1) He is no longer a legal resident of the State of Mississippi or the election district for which he is listed;

(2) He dies;

(3) He is convicted of arson, bigamy. bribery, burglary, embezzlement, forgery, obtaining money for goods under false pretenses, perjury, or theft and has not had his right to vote restored by the legislature;

(4) He is declared legally insane by a court and has not been subsequently declared legally sane or competent by a court; or

(5) He loses his citizenship in the United States.

A person loses his eligibility to vote in municipal elections only, if he (1) is no Ionger a legal resident of his city or town, or (2) if he has, within two years before the next municipal election, been convicted within the municipality of violating the liquor laws of the State or the municipality, or (3) is at the time of the municipal election in default for taxes due the municipality for the two preceding years. Loss of eligibility to vote in a municipal election because of change of such residence or such conviction or such default in taxes does not result in loss of eligibility in any other election.

SOUTH CAROLINA

A person loses his eligibility to vote in elections in the State of South Carolina if: (1) He is no longer a legal resident of the State of South Carolina or the county for which he is listed;

(2) He dies;

(3) He is convicted of burglary, arson, obtaining goods or money under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife-beating, housebreaking, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, larceny, challenging or accepting a challenge to duel with a deadly weapon, or crimes against the election laws and his right to vote has not been restored by pardon;

(4) He is declared legally insance, idiotic or incompetent by a court and has not subsequently been declared legally sane or competent by a court;

(5) He becomes a pauper supported at public expense; or

(6) He loses his citizenship in the United States or the State of South Carolina.

A person loses his eligibility to vote in municipal elections only if he is no longer a legal resident of his city or town. Loss of eligibility to vote in a municipal election because of change of residence does not result in a loss of eligibility in any other election.

(7) He fails to register in accordance with State law requiring general registration of all previously registered voters every 10th year. However, he does not lose his eligibility to vote if he has attempted to register in accordance with State law and his application was rejected without legal cause solely because his prior registration was by listing by an Examiner.

or

NOTE: For FEDERAL REGISTER citations affecting this Appendix D, see List of Sections Affected.

§ 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.

Subpart E-Voting Complaint § 801.501 Scope.

This subpart prescribes the procedure for filing and processing a complaint under the Act that a person was not permitted to vote.

§ 801.502 Making a complaint.

A person who has been listed on an eligibility list or registered by an ap

propriate election official and who is eligible to vote but has not been permitted to vote may make a complaint regarding that denial to an examiner for the political subdivision where the denial occurred. The complaint may be either oral or in writing and must be made within 48 hours after the closing of the polls.

§ 801.503 Processing a complaint.

The examiner to whom a complaint is made shall promptly ascertain whether

the complaint is well founded. If the examiner determines the complaint is not well founded he shall notify the person who complained of his determination and take no further action on the complaint. If the examiner determines that the complaint is well founded the examiner shall notify the person and the Attorney General of his determination and of the reason for that determination and furnish the Attorney General with any papers or evidence relating to the complaint.

CHAPTER IX-ADMINISTRATION ON AGING,

SOCIAL AND REHABILITATION SERVICE,

DEPARTMENT OF HEALTH, EDUCATION, AND

WELFARE 1

Grants for State and community programs for the aging.
Research and development projects.

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903

904

905

907

908

Advisory committees.

Sec. 901.1

901.2 901.3

Training projects.

Foster grandparent program.

PART 901-GENERAL

Purposes of the Act. Definitions.

Publications, films, copyrights, educational materials, and inventions. 901.4 Retention of records.

AUTHORITY: The provisions of this Part 901 issued under sec. 101 et seq., 79 Stat. 218-226, 81 Stat. 106-108, 82 Stat. 1101, 83 Stat. 108115; 42 U.S.C. 3001 et seq.

SOURCE: The provisions of this Part 901 appear at 35 F.R. 12516, Aug. 5, 1970, unless otherwise noted.

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States and their political subdivisions to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives;

(a) An adequate income in retirement in accordance with the American standard of living.

(b) The best possible physical and mental health which science can make available and without regard to economic status.

(c) Suitable housing, independently selected, designed, and located with reference to special needs and available at costs which older citizens can afford. (d) Full restorative services for those who require institutional care.

(e) Opportunity for employment with no discriminatory personnel practices because of age.

(f) Retirement in health, honor, dignity-after years of contribution to the economy.

(g) Pursuit of meaningful activity within the widest range of civic, cultural, and recreational opportunities.

(h) Efficient community services which provide social assistance in a coordi

nated manner and which are readily available when needed.

(i) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

(j) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives. § 901.2 Definitions.

(a) "Act" means the Older Americans Act of 1965, as amended (42 U.S.C. 3001 et seq.).

(b) "Administration on Aging" means the Administration on Aging established under the provisions of the Act in the Department of Health, Education, and Welfare.

(c) "Commissioner" means, unless the context otherwise requires, the Commissioner of the Administration on Aging. (d) "Department" means the Department of Health, Education, and Welfare. (e) The term "fiscal year" refers to the Federal fiscal year.

(f) The term "nonprofit" as applied to any agency, institution or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(g) "Population" as applied to any State means the population of that State as determined by the most recent official estimates of the Bureau of the Census available to the Secretary preceding the fiscal year for which Federal grant funds are appropriated.

(h) "Project period" means the period of time which the Secretary finds is reasonably required to initiate and conduct a project submitted under the provisions of title IV or V of the Act.

(i) "Secretary" means the Secretary of Health, Education, and Welfare.

(j) "Single organizational unit" means the unit established within the State agency with delegated authority for, and whose principal responsibility shall be, planning, coordination, and evaluation of programs and activities related to the purposes of the Act, and administration of the State plan.

(k) "State" means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(1) "State agency" means the single State agency established or designated as the sole agency for administering or supervising the administration of the State plan.

(m) "State plan" means the document or documents submitted by the States to comply with the requirements for participation under title III of the Act.

§ 901.3

Publications, films, copyrights, educational materials, and inventions.

(a) Publications. Grantees under this chapter may publish results of any projects without prior review by the Administration on Aging: Provided, That such publications carry a footnote acknowledging assistance received under the Act, and that the claimed findings and conclusions do not necessarily reflect the views of the Administration on Aging, and provided that copies of the publication are furnished to the Administration on Aging.

(b) Films. Grantees cannot use grant funds to produce films intended for viewing by the general public without prior approval by the Administration on Aging.

(c) Copyrights. Where the grantsupported activity results in a book or other copyrightable material, the author is free to copyright, but the Administration on Aging reserves a royalty free nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use, all copyrightable or copyrighted materials resulting from the grant-supported activity.

(d) Educational materials. All educational materials arising out of the grant supported activity shall be available to the Secretary to reproduce, publish, translate, or otherwise use, and to authorize others to use.

(e) Inventions. Any invention arising out of the grant-supported activity shall be promptly and fully reported to the Administration on Aging. Ownership and the manner of disposition shall be determined by the Secretary in accordance with Department patent regulations and policy.

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