us-doj-guidance-CRT-1315916•Procedures for the Administration of Section 5 of the Voting Rights Act
Procedures for the Administration of Section 5 of the Voting Rights Act
us-doj-guidance-CRT-1315916Procedures for the Administration of Section 5 of the Voting Rights ActGuidance
82 28 CFR Ch. I (7–1–11 Edition) Pt. 51 except to the extent that United States Attorneys utilize the list pursuant to section 11015(b) of Public Law 107–273. (2) By submitting a Declaration to the Department of Justice, the indi- vidual annuity broker agrees that the Declaration and the list each may be made public in its entirety, and the an- nuity broker expressly consents to such release and disclosure of the Dec- laration and list. [Order No. 2667–2003, 68 FR 18120, Apr. 15, 2003] PART 51—PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED Subpart A—General Provisions Sec. 51.1 Purpose. 51.2 Definitions. 51.3 Delegation of authority. 51.4 Date used to determine coverage; list of covered jurisdictions. 51.5 Termination of coverage. 51.6 Political subunits. 51.7 Political parties. 51.8 Section 3 coverage. 51.9 Computation of time. 51.10 Requirement of action for declaratory judgment or submission to the Attorney General. 51.11 Right to bring suit. 51.12 Scope of requirement. 51.13 Examples of changes. 51.14 Recurrent practices. 51.15 Enabling legislation and contingent or nonuniform requirements. 51.16 Distinction between changes in proce- dure and changes in substance. 51.17 Special elections. 51.18 Federal court-ordered changes. 51.19 Request for notification concerning voting litigation. Subpart B—Procedures for Submission to the Attorney General 51.20 Form of submissions. 51.21 Time of submissions. 51.22 Submitted changes that will not be re- viewed. 51.23 Party and jurisdiction responsible for making submissions. 51.24 Delivery of submissions. 51.25 Withdrawal of submissions. Subpart C—Contents of Submissions 51.26 General. 51.27 Required contents. 51.28 Supplemental contents. Subpart D—Communications From Individuals and Groups 51.29 Communications concerning voting changes. 51.30 Action on communications from indi- viduals or groups. 51.31 Communications concerning voting suits. 51.32 Establishment and maintenance of registry of interested individuals and groups. Subpart E—Processing of Submissions 51.33 Notice to registrants concerning sub- missions. 51.34 Expedited consideration. 51.35 Disposition of inappropriate submis- sions and resubmissions. 51.36 Release of information concerning submissions. 51.37 Obtaining information from the sub- mitting authority. 51.38 Obtaining information from others. 51.39 Supplemental information and related submissions. 51.40 Failure to complete submissions. 51.41 Notification of decision not to object. 51.42 Failure of the Attorney General to re- spond. 51.43 Reexamination of decision not to ob- ject. 51.44 Notification of decision to object. 51.45 Request for reconsideration. 51.46 Reconsideration of objection at the in- stance of the Attorney General. 51.47 Conference. 51.48 Decision after reconsideration. 51.49 Absence of judicial review. 51.50 Records concerning submissions. Subpart F—Determinations by the Attorney General 51.51 Purpose of the subpart. 51.52 Basic standard. 51.53 Information considered. 51.54 Discriminatory purpose and effect. 51.55 Consistency with constitutional and statutory requirements. 51.56 Guidance from the courts. 51.57 Relevant factors. 51.58 Representation. 51.59 Redistricting plans. 51.60 Changes in electoral systems. 51.61 Annexations. Subpart G—Sanctions 51.62 Enforcement by the Attorney General. 51.63 Enforcement by private parties. 51.64 Bar to termination of coverage (bail- out). VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
83 Department of Justice § 51.2 Subpart H—Petition To Change Procedures 51.65 Who may petition. 51.66 Form of petition. 51.67 Disposition of petition. A PPENDIX TO P ART 51—J URISDICTIONS C OV- ERED U NDER S ECTION 4(b) OF THE V OTING R IGHTS A CT, AS A MENDED A UTHORITY : 5 U.S.C. 301; 28 U.S.C. 509, 510, and 42 U.S.C. 1973b, 1973c. S OURCE: 52 FR 490, Jan. 6, 1987, unless oth- erwise noted. Subpart A—General Provisions § 51.1 Purpose. (a) Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c, prohibits the enforcement in any juris- diction covered by section 4(b) of the Act, 42 U.S.C. 1973b(b), of any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on the date used to determine coverage, until either: (1) A declaratory judgment is ob- tained from the U.S. District Court for the District of Columbia that such qualification, prerequisite, standard, practice, or procedure neither has the purpose nor will have the effect of de- nying or abridging the right to vote on account of race, color, or membership in a language minority group, or (2) It has been submitted to the At- torney General and the Attorney Gen- eral has interposed no objection within a 60-day period following submission. (b) In order to make clear the respon- sibilities of the Attorney General under section 5 and the interpretation of the Attorney General of the respon- sibility imposed on others under this section, the procedures in this part have been established to govern the ad- ministration of section 5. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21243, Apr. 15, 2011] § 51.2 Definitions. As used in this part— Act means the Voting Rights Act of 1965, 79 Stat. 437, as amended by the Civil Rights Act of 1968, 82 Stat. 73, the Voting Rights Act Amendments of 1970, 84 Stat. 314, the District of Columbia Delegate Act, 84 Stat. 853, the Voting Rights Act Amendments of 1975, 89 Stat. 400, the Voting Rights Act Amendments of 1982, 96 Stat. 131, the Voting Rights Language Assistance Act of 1992, 106 Stat. 921, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reau- thorization and Amendments Act of 2006, 120 Stat. 577, and the Act to Re- vise the Short Title of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthoriza- tion and Amendments Act of 2006, 122 Stat. 2428, 42 U.S.C. 1973 et seq. Section numbers, such as ‘‘section 14(c)(3),’’ refer to sections of the Act. Attorney General means the Attorney General of the United States or the del- egate of the Attorney General. Change affecting voting or change means any voting qualification, pre- requisite to voting, or standard, prac- tice, or procedure with respect to vot- ing different from that in force or ef- fect on the date used to determine cov- erage under section 4(b) or from the ex- isting standard, practice, or procedure if it was subsequently altered and precleared under section 5. In assessing whether a change has a discriminatory purpose or effect, the comparison shall be with the standard, practice, or pro- cedure in effect on the date used to de- termine coverage under section 4(b) or the most recent precleared standard, practice, or procedure. Some examples of changes affecting voting are given in § 51.13. Covered jurisdiction is used to refer to a State, where the determination re- ferred to in § 51.4 has been made on a statewide basis, and to a political sub- division, where the determination has not been made on a statewide basis. Language minorities or language minor- ity group is used, as defined in the Act, to refer to persons who are American Indian, Asian American, Alaskan Na- tives, or of Spanish heritage. (Sections 14(c)(3) and 203(e)). See 28 CFR part 55, Interpretative Guidelines: Implementa- tion of the Provisions of the Voting Rights Act Regarding Language Minor- ity Groups. Political subdivision is used, as defined in the Act, to refer to ‘‘any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
84 28 CFR Ch. I (7–1–11 Edition) § 51.3 term shall include any other subdivi- sion of a State which conducts reg- istration for voting.’’ (Section 14(c)(2)). Preclearance is used to refer to the obtaining of the declaratory judgment described in section 5, to the failure of the Attorney General to interpose an objection pursuant to section 5, or to the withdrawal of an objection by the Attorney General pursuant to § 51.48(b). Submission is used to refer to the written presentation to the Attorney General by an appropriate official of any change affecting voting. Submitting authority means the juris- diction on whose behalf a submission is made. Vote and voting are used, as defined in the Act, to include ‘‘all action nec- essary to make a vote effective in any primary, special, or general election, including, but not limited to, registra- tion, listing pursuant to this Act, or other action required by law pre- requisite to voting, casting a ballot, and having such ballot counted prop- erly and included in the appropriate to- tals of votes cast with respect to can- didates for public or party office and propositions for which votes are re- ceived in an election.’’ (Section 14(c)(1)). [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21243, Apr. 15, 2011] § 51.3 Delegation of authority. The responsibility and authority for determinations under section 5 and sec- tion 3(c) have been delegated by the At- torney General to the Assistant Attor- ney General, Civil Rights Division. With the exception of objections and decisions following the reconsideration of objections, the Chief of the Voting Section is authorized to perform the functions of the Assistant Attorney General. With the concurrence of the Assistant Attorney General, the Chief of the Voting Section may designate supervisory attorneys in the Voting Section to perform the functions of the Chief. [Order 3262–2011, 76 FR 21243, Apr. 15, 2011] § 51.4 Date used to determine cov- erage; list of covered jurisdictions. (a) The requirement of section 5 takes effect upon publication in the FEDERAL REGISTER of the requisite de- terminations of the Director of the Census and the Attorney General under section 4(b). These determinations are not reviewable in any court. (Section 4(b)). (b) Section 5 requires the preclearance of changes affecting vot- ing made since the date used for the de- termination of coverage. For each cov- ered jurisdiction that date is one of the following: November 1, 1964; November 1, 1968; or November 1, 1972. (c) The appendix to this part contains a list of covered jurisdictions, together with the applicable date used to deter- mine coverage and the FEDERAL REG- ISTER citation for the determination of coverage. § 51.5 Termination of coverage. (a) Expiration. The requirements of section 5 will expire at the end of the twenty-five-year period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce´ sar E. Cha´ vez, Barbara C. Jordan, William C. Vela´ squez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006 (VRARA), which amendments became effective on July 27, 2006. See section 4(a)(8) of the VRARA. (b) Bailout. Any political subunit in a covered jurisdiction or a political sub- division of a covered State, a covered jurisdiction or a political subdivision of a covered State, or a covered State may terminate the application of sec- tion 5 (‘‘bailout’’) by obtaining the de- claratory judgment described in sec- tion 4(a) of the Act. [Order 3262–2011, 76 FR 21243, Apr. 15, 2011] § 51.6 Political subunits. All political subunits within a cov- ered jurisdiction (e.g., counties, cities, school districts) that have not termi- nated coverage by obtaining the declar- atory judgment described in section 4(a) of the Act are subject to the re- quirements of section 5. [Order 3262–2011, 76 FR 21243, Apr. 15, 2011] VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
85 Department of Justice § 51.10 § 51.7 Political parties. Certain activities of political parties are subject to the preclearance require- ment of section 5. A change affecting voting effected by a political party is subject to the preclearance require- ment: (a) If the change relates to a public electoral function of the party and (b) If the party is acting under au- thority explicitly or implicitly granted by a covered jurisdiction or political subunit subject to the preclearance re- quirement of section 5. For example, changes with respect to the recruitment of party members, the conduct of political campaigns, and the drafting of party platforms are not sub- ject to the preclearance requirement. Changes with respect to the conduct of primary elections at which party nomi- nees, delegates to party conventions, or party officials are chosen are subject to the preclearance requirement of sec- tion 5. Where appropriate the term ‘‘jurisdiction’’ (but not ‘‘covered juris- diction’’) includes political parties. § 51.8 Section 3 coverage. Under section 3(c) of the Act, a court in voting rights litigation can order as relief that a jurisdiction not subject to the preclearance requirement of sec- tion 5 preclear its voting changes by submitting them either to the court or to the Attorney General. Where a juris- diction is required under section 3(c) to preclear its voting changes, and it elects to submit the proposed changes to the Attorney General for preclearance, the procedures in this part will apply. § 51.9 Computation of time. (a) The Attorney General shall have 60 days in which to interpose an objec- tion to a submitted change affecting voting for which a response on the mer- its is appropriate (see § 51.35, § 51.37). (b) The 60-day period shall commence upon receipt of a submission by the Voting Section of the Department of Justice’s Civil Rights Division or upon receipt of a submission by the Office of the Assistant Attorney General, Civil Rights Division, if the submission is properly marked as specified in § 51.24(f). The 60-day period shall recom- mence upon the receipt in like manner of a resubmission (see § 51.35), informa- tion provided in response to a written request for additional information (see § 51.37(b)), or material, supplemental information or a related submission (see § 51.39). (c) The 60-day period shall mean 60 calendar days, with the day of receipt of the submission not counted, and with the 60th day ending at 11:59 p.m. Eastern Time of that day. If the final day of the period should fall on a Sat- urday, Sunday, or any day designated as a holiday by the President or Con- gress of the United States, or any other day that is not a day of regular busi- ness for the Department of Justice, the next full business day shall be counted as the final day of the 60-day period. The date of the Attorney General’s re- sponse shall be the date on which it is transmitted to the submitting author- ity by any reasonable means, including placing it in a postbox of the U.S. Post- al Service or a private mail carrier, sending it by telefacsimile, email, or other electronic means, or delivering it in person to a representative of the submitting authority. [Order 3262–2011, 76 FR 21243, Apr. 15, 2011] § 51.10 Requirement of action for de- claratory judgment or submission to the Attorney General. Section 5 requires that, prior to en- forcement of any change affecting vot- ing, the jurisdiction that has enacted or seeks to administer the change must either: (a) Obtain a judicial determination from the U.S. District Court for the District of Columbia that the voting change neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language mi- nority group. (b) Make to the Attorney General a proper submission of the change to which no objection is interposed. It is unlawful to enforce a change af- fecting voting without obtaining preclearance under section 5. The obli- gation to obtain such preclearance is not relieved by unlawful enforcement. [52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23, 1987, as amended by Order 3262–2011, 76 FR 21243, Apr. 15, 2011] VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00095 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
86 28 CFR Ch. I (7–1–11 Edition) § 51.11 § 51.11 Right to bring suit. Submission to the Attorney General does not affect the right of the submit- ting authority to bring an action in the U.S. District Court for the District of Columbia for a declaratory judgment that the change affecting voting nei- ther has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group. [Order 3262–2011, 76 FR 21243, Apr. 15, 2011] § 51.12 Scope of requirement. Except as provided in § 51.18 (Federal court-ordered changes), the section 5 requirement applies to any change af- fecting voting, even though it appears to be minor or indirect, returns to a prior practice or procedure, seemingly expands voting rights, or is designed to remove the elements that caused the Attorney General to object to a prior submitted change. The scope of section 5 coverage is based on whether the ge- neric category of changes affecting voting to which the change belongs (for example, the generic categories of changes listed in § 51.13) has the poten- tial for discrimination. NAACP v. Hampton County Election Commission, 470 U.S. 166 (1985). The method by which a jurisdiction enacts or admin- isters a change does not affect the re- quirement to comply with section 5, which applies to changes enacted or ad- ministered through the executive, leg- islative, or judicial branches. [Order 3262–2011, 76 FR 21244, Apr. 15, 2011] § 51.13 Examples of changes. Changes affecting voting include, but are not limited to, the following exam- ples: (a) Any change in qualifications or eligibility for voting. (b) Any change concerning registra- tion, balloting, and the counting of votes and any change concerning pub- licity for or assistance in registration or voting. (c) Any change with respect to the use of a language other than English in any aspect of the electoral process. (d) Any change in the boundaries of voting precincts or in the location of polling places. (e) Any change in the constituency of an official or the boundaries of a voting unit (e.g., through redistricting, annex- ation, deannexation, incorporation, dissolution, merger, reapportionment, changing to at-large elections from dis- trict elections, or changing to district elections from at-large elections). (f) Any change in the method of de- termining the outcome of an election (e.g., by requiring a majority vote for election or the use of a designated post or place system). (g) Any change affecting the eligi- bility of persons to become or remain candidates, to obtain a position on the ballot in primary or general elections, or to become or remain holders of elec- tive offices. (h) Any change in the eligibility and qualification procedures for inde- pendent candidates. (i) Any change in the term of an elec- tive office or an elected official, or any change in the offices that are elective (e.g., by shortening or extending the term of an office; changing from elec- tion to appointment; transferring au- thority from an elected to an appointed official that, in law or in fact, elimi- nates the elected official’s office; or staggering the terms of offices). (j) Any change affecting the neces- sity of or methods for offering issues and propositions for approval by ref- erendum. (k) Any change affecting the right or ability of persons to participate in pre- election activities, such as political campaigns. (l) Any change that transfers or al- ters the authority of any official or governmental entity regarding who may enact or seek to implement a vot- ing qualification, prerequisite to vot- ing, or standard, practice, or procedure with respect to voting. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21244, Apr. 15, 2011] § 51.14 Recurrent practices. Where a jurisdiction implements a practice or procedure periodically or upon certain established contingencies, a change occurs: (a) The first time such a practice or procedure is implemented by the juris- diction, VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
87 Department of Justice § 51.18 (b) When the manner in which such a practice or procedure is implemented by the jurisdiction is changed, or (c) When the rules for determining when such a practice or procedure will be implemented are changed. The failure of the Attorney General to object to a recurrent practice or proce- dure constitutes preclearance of the fu- ture use of the practice or procedure if its recurrent nature is clearly stated or described in the submission or is ex- pressly recognized in the final response of the Attorney General on the merits of the submission. § 51.15 Enabling legislation and con- tingent or nonuniform require- ments. (a) With respect to legislation (1) that enables or permits the State or its political subunits to institute a voting change or (2) that requires or enables the State or its political sub-units to institute a voting change upon some future event or if they satisfy certain criteria, the failure of the Attorney General to interpose an objection does not exempt from the preclearance re- quirement the implementation of the particular voting change that is en- abled, permitted, or required, unless that implementation is explicitly in- cluded and described in the submission of such parent legislation. (b) For example, such legislation in- cludes— (1) Legislation authorizing counties, cities, school districts, or agencies or officials of the State to institute any of the changes described in § 51.13, (2) Legislation requiring a political subunit that chooses a certain form of government to follow specified election procedures, (3) Legislation requiring or author- izing political subunits of a certain size or a certain location to institute speci- fied changes, (4) Legislation requiring a political subunit to follow certain practices or procedures unless the subunit’s charter or ordinances specify to the contrary. § 51.16 Distinction between changes in procedure and changes in sub- stance. The failure of the Attorney General to interpose an objection to a proce- dure for instituting a change affecting voting does not exempt the substantive change from the preclearance require- ment. For example, if the procedure for the approval of an annexation is changed from city council approval to approval in a referendum, the preclearance of the new procedure does not exempt an annexation accom- plished under the new procedure from the preclearance requirement. § 51.17 Special elections. (a) The conduct of a special election (e.g., an election to fill a vacancy; an initiative, referendum, or recall elec- tion; or a bond issue election) is sub- ject to the preclearance requirement to the extent that the jurisdiction makes changes in the practices or procedures to be followed. (b) Any discretionary setting of the date for a special election or sched- uling of events leading up to or fol- lowing a special election is subject to the preclearance requirement. (c) A jurisdiction conducting a ref- erendum election to ratify a change in a practice or procedure that affects voting may submit the change to be voted on at the same time that it sub- mits any changes involved in the con- duct of the referendum election. A ju- risdiction wishing to receive preclearance for the change to be rati- fied should state clearly that such preclearance is being requested. See § 51.22 of this part. § 51.18 Federal court-ordered changes. (a) In general. Changes affecting vot- ing for which approval by a Federal court is required, or that are ordered by a Federal court, are exempt from section 5 review only where the Federal court prepared the change and the change has not been subsequently adopted or modified by the relevant governmental body. McDaniel v. Sanchez, 452 U.S. 130 (1981). (See also § 51.22.) (b) Subsequent changes. Where a Fed- eral court-ordered change is not itself subject to the preclearance require- ment, subsequent changes necessitated by the court order but decided upon by the jurisdiction remain subject to VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
88 28 CFR Ch. I (7–1–11 Edition) § 51.19 preclearance. For example, voting pre- cinct and polling changes made nec- essary by a court-ordered redistricting plan are subject to section 5 review. (c) Alteration in section 5 status. Where a Federal court-ordered change at its inception is not subject to review under section 5, a subsequent action by the submitting authority dem- onstrating that the change reflects its policy choices (e.g., adoption or ratifi- cation of the change, or implementa- tion in a manner not explicitly author- ized by the court) will render the change subject to review under section 5 with regard to any future implemen- tation. (d) In emergencies. A Federal court’s authorization of the emergency in- terim use without preclearance of a voting change does not exempt from section 5 review any use of that prac- tice not explicitly authorized by the court. [Order 3262–2011, 76 FR 21244, Apr. 15, 2011] § 51.19 Request for notification con- cerning voting litigation. A jurisdiction subject to the preclearance requirements of section 5 that becomes involved in any litigation concerning voting is requested to no- tify the Chief, Voting Section, Civil Rights Division, at the addresses, tele- facsimile number, or email address specified in § 51.24. Such notification will not be considered a submission under section 5. [Order 3262–2011, 76 FR 21244, Apr. 15, 2011] Subpart B—Procedures for Sub- mission to the Attorney Gen- eral § 51.20 Form of submissions. (a) Submissions may be made in let- ter or any other written form. (b) The Attorney General will accept certain machine readable data in the following electronic media: 3.5 inch 1.4 megabyte disk, compact disc read-only memory (CD–ROM) formatted to the ISO–9660/Joliet standard, or digital versatile disc read-only memory (DVD– ROM). Unless requested by the Attor- ney General, data provided on elec- tronic media need not be provided in hard copy. (c) All electronic media shall be clearly labeled with the following in- formation: (1) Submitting authority. (2) Name, address, title, and tele- phone number of contact person. (3) Date of submission cover letter. (4) Statement identifying the voting change(s) involved in the submission. (d) Each magnetic medium (floppy disk or tape) provided must be accom- panied by a printed description of its contents, including an identification by name or location of each data file contained on the medium, a detailed record layout for each such file, a record count for each such file, and a full description of the magnetic me- dium format. (e) Text documents should be pro- vided in a standard American Standard Code for Information Interchange (ASCII) character code; documents with graphics and complex formatting should be provided in standard Port- able Document Format (PDF). The label shall be affixed to each electronic medium, and the information included on the label shall also be contained in a documentation file on the electronic medium. (f) All data files shall be provided in a delimited text file and must include a header row as the first row with a name for each field in the data set. A separate data dictionary file docu- menting the fields in the data set, the field separators or delimiters, and a de- scription of each field, including whether the field is text, date, or nu- meric, enumerating all possible values is required; separators and delimiters should not also be used as data in the data set. Proprietary or commercial software system data files (e.g., SAS, SPSS, dBase, Lotus 1–2–3) and data files containing compressed data or bi- nary data fields will not be accepted. [52 FR 490, Jan. 6, 1987, as amended by Order No. 1536–91, 56 FR 51836, Oct. 16, 1991; Order 3262–2011, 76 FR 21244, Apr. 15, 2011] § 51.21 Time of submissions. Changes affecting voting should be submitted as soon as possible after they become final, except as provided in § 51.22. [Order 3262–2011, 76 FR 21244, Apr. 15, 2011] VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
89 Department of Justice § 51.24 § 51.22 Submitted changes that will not be reviewed. (a) The Attorney General will not consider on the merits: (1) Any proposal for a change sub- mitted prior to final enactment or ad- ministrative decision except as pro- vided in paragraph (b) of this section. (2) Any submitted change directly re- lated to another change that has not received section 5 preclearance if the Attorney General determines that the two changes cannot be substantively considered independently of one an- other. (3) Any submitted change whose en- forcement has ceased and been super- seded by a standard, practice, or proce- dure that has received section 5 preclearance or that is otherwise le- gally enforceable under section 5. (b) For any change requiring ap- proval by referendum, by a State or Federal court, or by a Federal agency, the Attorney General may make a de- termination concerning the change prior to such approval if the change is not subject to alteration in the final approving action and if all other action necessary for approval has been taken. (See also § 51.18.) [Order 3262–2011, 76 FR 21244, Apr. 15, 2011] § 51.23 Party and jurisdiction respon- sible for making submissions. (a) Changes affecting voting shall be submitted by the chief legal officer or other appropriate official of the sub- mitting authority or by any other au- thorized person on behalf of the sub- mitting authority. A State, whether partially or fully covered, has author- ity to submit any voting change on be- half of its covered jurisdictions and po- litical subunits. Where a State is cov- ered as a whole, State legislation or other changes undertaken or required by the State shall be submitted by the State (except that legislation of local applicability may be submitted by po- litical subunits). Where a State is par- tially covered, changes of statewide ap- plication may be submitted by the State. Submissions from the State, rather than from the individual cov- ered jurisdictions, would serve the State’s interest in at least two impor- tant respects: first, the State is better able to explain to the Attorney General the purpose and effect of voting changes it enacts than are the indi- vidual covered jurisdictions; second, a single submission of the voting change on behalf of all of the covered jurisdic- tions would reduce the possibility that some State acts will be legally enforce- able in some parts of the State but not in others. (b) A change effected by a political party (see § 51.7) may be submitted by an appropriate official of the political party. (c) A change affecting voting that re- sults from a State court order should be submitted by the jurisdiction or en- tity that is to implement or administer the change (in the manner specified by paragraphs (a) and (b) of this section). [Order 3262–2011, 76 FR 21245, Apr. 15, 2011] § 51.24 Delivery of submissions. (a) Delivery by U.S. Postal Service. Submissions sent to the Attorney Gen- eral by the U.S. Postal Service, includ- ing certified mail or express mail, shall be addressed to the Chief, Voting Sec- tion, Civil Rights Division, United States Department of Justice, Room 7254–NWB, 950 Pennsylvania Avenue, NW, Washington, DC 20530. (b) Delivery by other carriers. Submis- sions sent to the Attorney General by carriers other than the U.S. Postal Service, including by hand delivery, should be addressed or may be deliv- ered to the Chief, Voting Section, Civil Rights Division, United States Depart- ment of Justice, Room 7254–NWB, 1800 G Street, NW, Washington, DC 20006. (c) Electronic submissions. Submissions may be delivered to the Attorney Gen- eral through an electronic form avail- able on the website of the Voting Sec- tion of the Civil Rights Division at www.justice.gov/crt/voting/. Detailed instructions appear on the website. Ju- risdictions should answer the questions appearing on the electronic form, and should attach documents as specified in the instructions accompanying the application. (d) Telefacsimile submissions. In urgent circumstances, submissions may be de- livered to the Attorney General by telefacsimile to (202) 616–9514. Submis- sions should not be sent to any other VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
90 28 CFR Ch. I (7–1–11 Edition) § 51.25 telefacsimile number at the Depart- ment of Justice. Submissions that are voluminous should not be sent by tele- facsimile. (e) Email. Submissions may not be de- livered to the Attorney General by email in the first instance. However, after a submission is received by the Attorney General, a jurisdiction may supply additional information on that submission by email to vot1973c@usdoj.gov. The subject line of the email shall be identified with the Attorney General’s file number for the submission (YYYY–NNNN), marked as ‘‘Additional Information,’’ and include the name of the jurisdiction. (f) Special marking. The first page of the submission, and the envelope (if any), shall be clearly marked: ‘‘Sub- mission under Section 5 of the Voting Rights Act.’’ (g) The most current information on addresses for, and methods of making, section 5 submissions is available on the Voting Section website at www.justice.gov/crt/voting/. [Order 3262–2011, 76 FR 21245, Apr. 15, 2011] § 51.25 Withdrawal of submissions. (a) A jurisdiction may withdraw a submission at any time prior to a final decision by the Attorney General. No- tice of the withdrawal of a submission must be made in writing addressed to the Chief, Voting Section, Civil Rights Division, to be delivered at the address- es, telefacsimile number, or email ad- dress specified in § 51.24. The submis- sion shall be deemed withdrawn upon the Attorney General’s receipt of the notice. (b) Notice of withdrawals will be given to interested parties registered under § 51.32. [52 FR 490, Jan. 6, 1987, as amended by Order 1214–87, 52 FR 33409, Sept. 3, 1987; Order 3262– 2011, 76 FR 21245, Apr. 15, 2011] Subpart C—Contents of Submissions § 51.26 General. (a) The source of any information contained in a submission should be identified. (b) Where an estimate is provided in lieu of more reliable statistics, the sub- mission should identify the name, posi- tion, and qualifications of the person responsible for the estimate and should briefly describe the basis for the esti- mate. (c) Submissions should be no longer than is necessary for the presentation of the appropriate information and ma- terials. (d) The Attorney General will not ac- cept for review any submission that fails to describe the subject change in sufficient particularity to satisfy the minimum requirements of § 51.27(c). (e) A submitting authority that de- sires the Attorney General to consider any information supplied as part of an earlier submission may incorporate such information by reference by stat- ing the date and subject matter of the earlier submission and identifying the relevant information. (f) Where information requested by this subpart is relevant but not known or available, or is not applicable, the submission should so state. (g) The following Office of Manage- ment and Budget control number under the Paperwork Reduction Act applies to the collection of information re- quirements contained in these Proce- dures: OMB No. 1190–0001 (expires Feb- ruary 28, 1994). See 5 CFR 1320.13. [52 FR 490, Jan. 6, 1987, as amended by Order No. 1284–88, 53 FR 25327, July 6, 1988; Order No. 1498–91, 56 FR 26032, June 6, 1991] § 51.27 Required contents. Each submission should contain the following information or documents to enable the Attorney General to make the required determination pursuant to section 5 with respect to the submitted change affecting voting: (a) A copy of any ordinance, enact- ment, order, or regulation embodying the change affecting voting for which section 5 preclearance is being re- quested. (b) A copy of any ordinance, enact- ment, order, or regulation embodying the voting standard, practice, or proce- dure that is proposed to be repealed, amended, or otherwise changed. (c) A statement that identifies with specificity each change affecting vot- ing for which section 5 preclearance is being requested and that explains the difference between the submitted VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
91 Department of Justice § 51.28 change and the prior law or practice. If the submitted change is a special ref- erendum election and the subject of the referendum is a proposed change affect- ing voting, the submission should specify whether preclearance is being requested solely for the special elec- tion or for both the special election and the proposed change to be voted on in the referendum (see §§ 51.16, 51.22). (d) The name, title, mailing address, and telephone number of the person making the submission. Where avail- able, a telefacsimile number and an email address for the person making the submission also should be provided. (e) The name of the submitting au- thority and the name of the jurisdic- tion responsible for the change, if dif- ferent. (f) If the submission is not from a State or county, the name of the coun- ty and State in which the submitting authority is located. (g) Identification of the person or body responsible for making the change and the mode of decision (e.g., act of State legislature, ordinance of city council, administrative decision by registrar). (h) A statement identifying the stat- utory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. (i) The date of adoption of the change affecting voting. (j) The date on which the change is to take effect. (k) A statement that the change has not yet been enforced or administered, or an explanation of why such a state- ment cannot be made. (l) Where the change will affect less than the entire jurisdiction, an expla- nation of the scope of the change. (m) A statement of the reasons for the change. (n) A statement of the anticipated ef- fect of the change on members of racial or language minority groups. (o) A statement identifying any past or pending litigation concerning the change or related voting practices. (p) A statement that the prior prac- tice has been precleared (with the date) or is not subject to the preclearance re- quirement and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an expla- nation of why such statements cannot be made. (q) For redistrictings and annex- ations: the items listed under § 51.28 (a)(1) and (b)(1); for annexations only: the items listed under § 51.28(c)(3). (r) Other information that the Attor- ney General determines is required for an evaluation of the purpose or effect of the change. Such information may include items listed in § 51.28 and is most likely to be needed with respect to redistrictings, annexations, and other complex changes. In the interest of time such information should be fur- nished with the initial submission re- lating to voting changes of this type. When such information is required, but not provided, the Attorney General shall notify the submitting authority in the manner provided in § 51.37. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21245, Apr. 15, 2011] § 51.28 Supplemental contents. Review by the Attorney General will be facilitated if the following informa- tion, where pertinent, is provided in addition to that required by § 51.27. (a) Demographic information. (1) Total and voting age population of the af- fected area before and after the change, by race and language group. If such in- formation is contained in publications of the U.S. Bureau of the Census, ref- erence to the appropriate volume and table is sufficient. (2) The number of registered voters for the affected area by voting precinct before and after the change, by race and language group. (3) Any estimates of population, by race and language group, made in con- nection with the adoption of the change. (4) Demographic data provided on magnetic media shall be based upon the Bureau of the Census Public Law 94–171 file unique block identity code of state, county, tract, and block. (5) Demographic data on electronic media that are provided in conjunction with a redistricting plan shall be con- tained in an ASCII, comma delimited block equivalency import file with two VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
92 28 CFR Ch. I (7–1–11 Edition) § 51.28 fields as detailed in the following table. A separate import file shall accompany each redistricting plan: Field No. Description Total length Comments 1 ...... PL94–171 reference number: GEOID10. 15 2 ...... District Number ....................... 3 No leading zeroes. (i) Field 1: The PL 94–171/GEOID10 ref- erence number is the state, county, tract, and block reference numbers concatenated together and padded with leading zeroes so as to create a 15-digit character field; and (ii) Field 2: The district number is a 3 digit character field with no padded leading zeroes. Example: 482979501002099,1 482979501002100,3 482979501004301,10 482975010004305,23 482975010004302,101 (6) Demographic data on magnetic media that are provided in conjunction with a redistricting can be provided in shapefile (.shp) spatial data format. (i) The shapefile shall include at a minimum the main file, index file, and dBASE table. (ii) The dBASE table shall contain a row for each census block. Each census block will be identified by the state, county, tract and block identifier [GEOID10] as specified by the Bureau of Census. Each row shall identify the dis- trict assignment and relevant popu- lation for that specific row. (iii) The shapefile should include a projection file (.prj). (iv) The shapefile should be sent in NAD 83 geographic projection. If an- other projection is used, it should be described fully. (b) Maps. Where any change is made that revises the constituency that elects any office or affects the bound- aries of any geographic unit or units defined or employed for voting pur- poses (e.g., redistricting, annexation, change from district to at-large elec- tions) or that changes voting precinct boundaries, polling place locations, or voter registration sites, maps in dupli- cate of the area to be affected, con- taining the following information: (1) The prior and new boundaries of the voting unit or units. (2) The prior and new boundaries of voting precincts. (3) The location of racial and lan- guage minority groups. (4) Any natural boundaries or geo- graphical features that influenced the selection of boundaries of the prior or new units. (5) The location of prior and new poll- ing places. (6) The location of prior and new voter registration sites. (c) Annexations. For annexations, in addition to that information specified elsewhere, the following information: (1) The present and expected future use of the annexed land (e.g., garden apartments, industrial park). (2) An estimate of the expected popu- lation, by race and language group, when anticipated development, if any, is completed. (3) A statement that all prior annex- ations (and deannexations) subject to the preclearance requirement have been submitted for review, or a state- ment that identifies all annexations (and deannexations) subject to the preclearance requirement that have not been submitted for review. See § 51.61(b). (4) To the extent that the jurisdic- tion elects some or all members of its governing body from single-member districts, it should inform the Attorney General how the newly annexed terri- tory will be incorporated into the ex- isting election districts. (d) Election returns. Where a change may affect the electoral influence of a racial or language minority group, re- turns of primary and general elections conducted by or in the jurisdiction, containing the following information: (1) The name of each candidate. (2) The race or language group of each candidate, if known. (3) The position sought by each can- didate. (4) The number of votes received by each candidate, by voting precinct. (5) The outcome of each contest. (6) The number of registered voters, by race and language group, for each voting precinct for which election re- turns are furnished. Information with respect to elections held during the last ten years will normally be suffi- cient. (7) Election related data containing any of the information described above VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
93 Department of Justice § 51.29 that are provided on magnetic media shall conform to the requirements of § 51.20 (b) through (e). Election related data that cannot be accurately pre- sented in terms of census blocks may be identified by county and by pre- cinct. (e) Language usage. Where a change is made affecting the use of the language of a language minority group in the electoral process, information that will enable the Attorney General to deter- mine whether the change is consistent with the minority language require- ments of the Act. The Attorney Gen- eral’s interpretation of the minority language requirements of the Act is contained in Interpretative Guidelines: Implementation of the Provisions of the Voting Rights Act Regarding Lan- guage Minority Groups, 28 CFR part 55. (f) Publicity and participation. For submissions involving controversial or potentially controversial changes, evi- dence of public notice, of the oppor- tunity for the public to be heard, and of the opportunity for interested par- ties to participate in the decision to adopt the proposed change and an ac- count of the extent to which such par- ticipation, especially by minority group members, in fact took place. Ex- amples of materials demonstrating public notice or participation include: (1) Copies of newspaper articles dis- cussing the proposed change. (2) Copies of public notices that de- scribe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to iden- tified individuals or groups). (3) Minutes or accounts of public hearings concerning the proposed change. (4) Statements, speeches, and other public communications concerning the proposed change. (5) Copies of comments from the gen- eral public. (6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials reveal- ing its legislative purpose. (g) Availability of the submission. (1) Copies of public notices that announce the submission to the Attorney Gen- eral, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite com- ments for the consideration of the At- torney General and statements regard- ing where such public notices appeared. (2) Information demonstrating that the submitting authority, where a sub- mission contains magnetic media, made the magnetic media available to be copied or, if so requested, made a hard copy of the data contained on the magnetic media available to be copied. (h) Minority group contacts. For sub- missions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. [52 FR 490, Jan. 6, 1987, as amended by Order No. 1536–91, 56 FR 51836, Oct. 16, 1991; Order 3262–2011, 76 FR 21245, Apr. 15, 2011] Subpart D—Communications From Individuals and Groups § 51.29 Communications concerning voting changes. Any individual or group may send to the Attorney General information con- cerning a change affecting voting in a jurisdiction to which section 5 applies. (a) Communications may be in the form of a letter stating the name, ad- dress, and telephone number of the in- dividual or group, describing the al- leged change affecting voting and set- ting forth evidence regarding whether the change has or does not have a dis- criminatory purpose or effect, or sim- ply bringing to the attention of the At- torney General the fact that a voting change has occurred. (b) Comments should be sent to the Chief, Voting Section, Civil Rights Di- vision, at the addresses, telefacsimile number, or email address specified in § 51.24. The first page and the envelope (if any) should be marked: ‘‘Comment under section 5 of the Voting Rights Act.’’ Comments should include, where available, the name of the jurisdiction and the Attorney General’s file number (YYYY–NNNN) in the subject line. VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
94 28 CFR Ch. I (7–1–11 Edition) § 51.30 (c) Comments by individuals or groups concerning any change affecting voting may be sent at any time; how- ever, individuals and groups are en- couraged to comment as soon as they learn of the change. (d) To the extent permitted by the Freedom of Information Act, 5 U.S.C. 552, the Attorney General shall not dis- close to any person outside the Depart- ment of Justice the identity of any in- dividual or entity providing informa- tion on a submission or the administra- tion of section 5 where the individual or entity has requested confidentiality; an assurance of confidentiality may reasonably be implied from the cir- cumstances of the communication; dis- closure could reasonably be expected to constitute an unwarranted invasion of personal privacy under 5 U.S.C. 552; or disclosure is prohibited by any applica- ble provisions of federal law. (e) When an individual or group de- sires the Attorney General to consider information that was supplied in con- nection with an earlier submission, it is not necessary to resubmit the infor- mation but merely to identify the ear- lier submission and the relevant infor- mation. [52 FR 490, Jan. 6, 1987, as amended by Order 1214–87, 52 FR 33409, Sept. 3, 1987; Order 3262– 2011, 76 FR 21246, Apr. 15, 2011] § 51.30 Action on communications from individuals or groups. (a) If there has already been a sub- mission received of the change affect- ing voting brought to the attention of the Attorney General by an individual or group, any evidence from the indi- vidual or group shall be considered along with the materials submitted and materials resulting from any in- vestigation. (b) If such a submission has not been received, the Attorney General shall advise the appropriate jurisdiction of the requirement of section 5 with re- spect to the change in question. § 51.31 Communications concerning voting suits. Individuals and groups are urged to notify the Chief, Voting Section, Civil Rights Division, of litigation con- cerning voting in jurisdictions subject to the requirement of section 5. § 51.32 Establishment and mainte- nance of registry of interested indi- viduals and groups. The Attorney General shall establish and maintain a Registry of Interested Individuals and Groups, which shall contain the name and address of any individual or group that wishes to re- ceive notice of section 5 submissions. Information relating to this registry and to the requirements of the Privacy Act of 1974, 5 U.S.C. 552a et seq., is con- tained in JUSTICE/CRT–004. 48 FR 5334 (Feb. 4, 1983). Subpart E—Processing of Submissions § 51.33 Notice to registrants con- cerning submissions. Weekly notice of submissions that have been received will be given to the individuals and groups who have reg- istered for this purpose under § 51.32. Such notice will also be given when section 5 declaratory judgment actions are filed or decided. § 51.34 Expedited consideration. (a) When a submitting authority is required under State law or local ordi- nance or otherwise finds it necessary to implement a change within the 60- day period following submission, it may request that the submission be given expedited consideration. The sub- mission should explain why such con- sideration is needed and provide the date by which a determination is re- quired. (b) Jurisdictions should endeavor to plan for changes in advance so that ex- pedited consideration will not be re- quired and should not routinely re- quest such consideration. When a sub- mitting authority demonstrates good cause for expedited consideration the Attorney General will attempt to make a decision by the date requested. How- ever, the Attorney General cannot guarantee that such consideration can be given. (c) Notice of the request for expe- dited consideration will be given to in- terested parties registered under § 51.32. VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
95 Department of Justice § 51.37 § 51.35 Disposition of inappropriate submissions and resubmissions. (a) When the Attorney General deter- mines that a response on the merits of a submitted change is inappropriate, the Attorney General shall notify the submitting official in writing within the 60-day period that would have com- menced for a determination on the merits and shall include an explanation of the reason why a response is not ap- propriate. (b) Matters that are not appropriate for a merits response include: (1) Changes that do not affect voting (see § 51.13); (2) Standards, practices, or proce- dures that have not been changed (see §§ 51.4, 51.14); (3) Changes that previously have re- ceived preclearance; (4) Changes that affect voting but are not subject to the requirement of sec- tion 5 (see § 51.18); (5) Changes that have been super- seded or for which a determination is premature (see §§ 51.22, 51.61(b)); (6) Submissions by jurisdictions not subject to the preclearance require- ment (see §§ 51.4, 51.5); (7) Submissions by an inappropriate or unauthorized party or jurisdiction (see § 51.23); and (8) Deficient submissions (see § 51.26(d)). (c) Following such a notification by the Attorney General, a change shall be deemed resubmitted for section 5 re- view upon the Attorney General’s re- ceipt of a submission or other written information that renders the change appropriate for review on the merits (such as a notification from the sub- mitting authority that a change pre- viously determined to be premature has been formally adopted). Notice of the resubmission of a change affecting voting will be given to interested par- ties registered under § 51.32. [Order 3262–2011, 76 FR 21246, Apr. 15, 2011] § 51.36 Release of information con- cerning submissions. The Attorney General shall have the discretion to call to the attention of the submitting authority or any inter- ested individual or group information or comments related to a submission. § 51.37 Obtaining information from the submitting authority. (a) Oral requests for information. (1) If a submission does not satisfy the re- quirements of § 51.27, the Attorney Gen- eral may request orally any omitted information necessary for the evalua- tion of the submission. An oral request may be made at any time within the 60-day period, and the submitting au- thority should provide the requested information as promptly as possible. The oral request for information shall not suspend the running of the 60-day period, and the Attorney General will proceed to make a determination with- in the initial 60-day period. The Attor- ney General reserves the right as set forth in § 51.39, however, to commence a new 60-day period in which to make the requisite determination if the written information provided in response to such request materially supplements the submission. (2) An oral request for information shall not limit the authority of the At- torney General to make a written re- quest for information. (3) The Attorney General will notify the submitting authority in writing when the 60-day period for a submis- sion is recalculated from the Attorney General’s receipt of written informa- tion provided in response to an oral re- quest as described in § 51.37(a)(1), above. (4) Notice of the Attorney General’s receipt of written information pursu- ant to an oral request will be given to interested parties registered under § 51.32. (b) Written requests for information. (1) If the Attorney General determines that a submission does not satisfy the requirements of § 51.27, the Attorney General may request in writing from the submitting authority any omitted information necessary for evaluation of the submission. Branch v. Smith, 538 U.S. 254 (2003); Georgia v. United States, 411 U.S. 526 (1973). This written request shall be made as promptly as possible within the original 60-day period or the new 60-day period described in § 51.39(a). The written request shall advise the ju- risdiction that the submitted change remains unenforceable unless and until preclearance is obtained. (2) A copy of the request shall be sent to any party who has commented on VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
96 28 CFR Ch. I (7–1–11 Edition) § 51.38 the submission or has requested notice of the Attorney General’s action there- on. (3) The Attorney General shall notify the submitting authority that a new 60-day period in which the Attorney General may interpose an objection shall commence upon the Attorney General’s receipt of a response from the submitting authority that provides the information requested or states that the information is unavailable. The Attorney General can request fur- ther information in writing within the new 60-day period, but such a further request shall not suspend the running of the 60-day period, nor shall the At- torney General’s receipt of such fur- ther information begin a new 60-day pe- riod. (4) Where the response from the sub- mitting authority neither provides the information requested nor states that such information is unavailable, the re- sponse shall not commence a new 60- day period. It is the practice of the At- torney General to notify the submit- ting authority that its response is in- complete and to provide such notifica- tion as soon as possible within the 60- day period that would have commenced had the response been complete. Where the response includes a portion of the available information that was re- quested, the Attorney General will re- evaluate the submission to ascertain whether a determination on the merits may be made based upon the informa- tion provided. If a merits determina- tion is appropriate, it is the practice of the Attorney General to make that de- termination within the new 60-day pe- riod that would have commenced had the response been complete. See § 51.40. (5) If, after a request for further in- formation is made pursuant to this sec- tion, the information requested by the Attorney General becomes available to the Attorney General from a source other than the submitting authority, the Attorney General shall promptly notify the submitting authority in writing, and the new 60-day period will commence the day after the informa- tion is received by the Attorney Gen- eral. (6) Notice of the written request for further information and the receipt of a response by the Attorney General will be given to interested parties reg- istered under § 51.32. [Order 3262–2011, 76 FR 21246, Apr. 15, 2011] § 51.38 Obtaining information from others. (a) The Attorney General may at any time request relevant information from governmental jurisdictions and from interested groups and individuals and may conduct any investigation or other inquiry that is deemed appro- priate in making a determination. (b) If a submission does not contain evidence of adequate notice to the pub- lic, and the Attorney General believes that such notice is essential to a deter- mination, steps will be taken by the Attorney General to provide public no- tice sufficient to invite interested or affected persons to provide evidence as to the presence or absence of a dis- criminatory purpose or effect. The sub- mitting authority shall be advised when any such steps are taken. § 51.39 Supplemental information and related submissions. (a)(1) Supplemental information. When a submitting authority, at its own in- stance, provides information during the 60-day period that the Attorney General determines materially supple- ments a pending submission, the 60-day period for the pending submission will be recalculated from the Attorney Gen- eral’s receipt of the supplemental in- formation. (2) Related submissions. When the At- torney General receives related sub- missions during the 60-day period for a submission that cannot be independ- ently considered, the 60-day period for the first submission shall be recal- culated from the Attorney General’s receipt of the last related submission. (b) The Attorney General will notify the submitting authority in writing when the 60-day period for a submis- sion is recalculated due to the Attor- ney General’s receipt of supplemental information or a related submission. (c) Notice of the Attorney General’s receipt of supplemental information or a related submission will be given to interested parties registered under § 51.32. [Order 3262–2011, 76 FR 21247, Apr. 15, 2011] VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
97 Department of Justice § 51.45 § 51.40 Failure to complete submis- sions. If after 60 days the submitting au- thority has not provided further infor- mation in response to a request made pursuant to § 51.37(b), the Attorney General, absent extenuating cir- cumstances and consistent with the burden of proof under section 5 de- scribed in § 51.52(a) and (c), may object to the change, giving notice as speci- fied in § 51.44. [Order 3262–2011, 76 FR 21247, Apr. 15, 2011] § 51.41 Notification of decision not to object. (a) The Attorney General shall with- in the 60-day period allowed notify the submitting authority of a decision to interpose no objection to a submitted change affecting voting. (b) The notification shall state that the failure of the Attorney General to object does not bar subsequent litiga- tion to enjoin the enforcement of the change. (c) A copy of the notification shall be sent to any party who has commented on the submission or has requested no- tice of the Attorney General’s action thereon. § 51.42 Failure of the Attorney General to respond. It is the practice and intention of the Attorney General to respond in writing to each submission within the 60-day period. However, the failure of the At- torney General to make a written re- sponse within the 60-day period con- stitutes preclearance of the submitted change, provided that a 60-day review period had commenced after receipt by the Attorney General of a complete submission that is appropriate for a re- sponse on the merits. (See § 51.22, § 51.27, § 51.35.) [Order 3262–2011, 76 FR 21247, Apr. 15, 2011] § 51.43 Reexamination of decision not to object. (a) After notification to the submit- ting authority of a decision not to interpose an objection to a submitted change affecting voting has been given, the Attorney General may reexamine the submission if, prior to the expira- tion of the 60-day period, information comes to the attention of the Attorney General that would otherwise require objection in accordance with section 5. (b) In such circumstances, the Attor- ney General may by letter withdraw his decision not to interpose an objec- tion and may by letter interpose an ob- jection provisionally, in accordance with § 51.44, and advise the submitting authority that examination of the change in light of the newly raised issues will continue and that a final de- cision will be rendered as soon as pos- sible. [Order 3262–2011, 76 FR 21247, Apr. 15, 2011] § 51.44 Notification of decision to ob- ject. (a) The Attorney General shall with- in the 60-day period allowed notify the submitting authority of a decision to interpose an objection. The reasons for the decision shall be stated. (b) The submitting authority shall be advised that the Attorney General will reconsider an objection upon a request by the submitting authority. (c) The submitting authority shall be advised further that notwithstanding the objection it may institute an ac- tion in the U.S. District Court for the District of Columbia for a declaratory judgment that the change objected to by the Attorney General neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or member- ship in a language minority group. (d) A copy of the notification shall be sent to any party who has commented on the submission or has requested no- tice of the Attorney General’s action thereon. (e) Notice of the decision to interpose an objection will be given to interested parties registered under § 51.32. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21247, Apr. 15, 2011] § 51.45 Request for reconsideration. (a) The submitting authority may at any time request the Attorney General to reconsider an objection. (b) Requests may be in letter or any other written form and should contain relevant information or legal argu- ment. VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
98 28 CFR Ch. I (7–1–11 Edition) § 51.46 (c) Notice of the request will be given to any party who commented on the submission or requested notice of the Attorney General’s action thereon and to interested parties registered under § 51.32. In appropriate cases the Attor- ney General may request the submit- ting authority to give local public no- tice of the request. § 51.46 Reconsideration of objection at the instance of the Attorney Gen- eral. (a) Where there appears to have been a substantial change in operative fact or relevant law, or where it appears there may have been a misinterpreta- tion of fact or mistake in the law, an objection may be reconsidered, if it is deemed appropriate, at the instance of the Attorney General. (b) Notice of such a decision to recon- sider shall be given to the submitting authority, to any party who com- mented on the submission or requested notice of the Attorney General’s action thereon, and to interested parties reg- istered under § 51.32, and the Attorney General shall decide whether to with- draw or to continue the objection only after such persons have had a reason- able opportunity to comment. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21247, Apr. 15, 2011] § 51.47 Conference. (a) A submitting authority that has requested reconsideration of an objec- tion pursuant to § 51.45 may request a conference to produce information or legal argument in support of reconsid- eration. (b) Such a conference shall be held at a location determined by the Attorney General and shall be conducted in an informal manner. (c) When a submitting authority re- quests such a conference, individuals or groups that commented on the change prior to the Attorney General’s objec- tion or that seek to participate in re- sponse to any notice of a request for re- consideration shall be notified and given the opportunity to confer. (d) The Attorney General shall have the discretion to hold separate meet- ings to confer with the submitting au- thority and other interested groups or individuals. (e) Such conferences will be open to the public or to the press only at the discretion of the Attorney General and with the agreement of the partici- pating parties. § 51.48 Decision after reconsideration. (a) It is the practice of the Attorney General to notify the submitting au- thority of the decision to continue or withdraw an objection within a 60-day period following receipt of a reconsid- eration request or following notice given under § 51.46(b), except that this 60-day period shall be recommenced upon receipt of any documents or writ- ten information from the submitting authority that materially supplements the reconsideration review, irrespec- tive of whether the submitting author- ity provides the documents or informa- tion at its own instance or pursuant to a request (written or oral) by the At- torney General. The 60-day reconsider- ation period may be extended to allow a 15-day decision period following a conference held pursuant to § 51.47. The 60-day reconsideration period shall be computed in the manner specified in § 51.9. Where the reconsideration is at the instance of the Attorney General, the first day of the period shall be the day after the notice required by § 51.46(b) is transmitted to the submit- ting authority. The reasons for the re- consideration decision shall be stated. (b) The objection shall be withdrawn if the Attorney General is satisfied that the change neither has the pur- pose nor will have the effect of denying or abridging the right to vote on ac- count of race, color, or membership in a language minority group. (c) If the objection is not withdrawn, the submitting authority shall be ad- vised that notwithstanding the objec- tion it may institute an action in the U.S. District Court for the District of Columbia for a declaratory judgment that the change objected to by the At- torney General neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a lan- guage minority group. (d) An objection remains in effect until either it is specifically withdrawn by the Attorney General or a declara- tory judgment with respect to the VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
99 Department of Justice § 51.52 change in question is entered by the U.S. District Court for the District of Columbia. (e) A copy of the notification shall be sent to any party who has commented on the submission or reconsideration or has requested notice of the Attorney General’s action thereon. (f) Notice of the decision after recon- sideration will be given to interested parties registered under § 51.32. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21248, Apr. 15, 2011] § 51.49 Absence of judicial review. The decision of the Attorney General not to object to a submitted change or to withdraw an objection is not review- able. The preclearance by the Attorney General of a voting change does not constitute the certification that the voting change satisfies any other re- quirement of the law beyond that of section 5, and, as stated in section 5, ‘‘(n)either an affirmative indication by the Attorney General that no objection will be made, nor the Attorney Gen- eral’s failure to object, nor a declara- tory judgment entered under this sec- tion shall bar a subsequent action to enjoin enforcement of such qualifica- tion, prerequisite, standard, practice, or procedure.’’ § 51.50 Records concerning submis- sions. (a) Section 5 files. The Attorney Gen- eral shall maintain a section 5 file for each submission, containing the sub- mission, related written materials, cor- respondence, memoranda, investigative reports, data provided on electronic media, notations concerning con- ferences with the submitting authority or any interested individual or group, and copies of letters from the Attorney General concerning the submission. (b) Objection letters. The Attorney General shall maintain section 5 notifi- cation letters regarding decisions to interpose, continue, or withdraw an ob- jection. (c) Computer file. Records of all sub- missions and their dispositions by the Attorney General shall be electroni- cally stored. (d) Copies. The contents of the sec- tion 5 submission files in paper, micro- fiche, electronic, or other form shall be available for obtaining copies by the public, pursuant to written request di- rected to the Chief, Voting Section, Civil Rights Division, United States Department of Justice, Washington, DC. Such written request may be deliv- ered to the addresses or telefacsimile number specified in § 51.24 or by elec- tronic mail to Voting.Section@usdoj.gov. It is the Attorney General’s intent and practice to expedite, to the extent pos- sible, requests pertaining to pending submissions. Those who desire copies of information that has been provided on electronic media will be provided a copy of that information in the same form as it was received. Materials that are exempt from inspection under the Freedom of Information Act, 5 U.S.C. 552(b), may be withheld at the discre- tion of the Attorney General. The iden- tity of any individual or entity that provided information to the Attorney General regarding the administration of section 5 shall be available only as provided by § 51.29(d). Applicable fees, if any, for the copying of the contents of these files are contained in the Depart- ment of Justice regulations imple- menting the Freedom of Information Act, 28 CFR 16.10. [Order 3262–2011, 76 FR 21248, Apr. 15, 2011] Subpart F—Determinations by the Attorney General § 51.51 Purpose of the subpart. The purpose of this subpart is to in- form submitting authorities and other interested parties of the factors that the Attorney General considers rel- evant and of the standards by which the Attorney General will be guided in making substantive determinations under section 5 and in defending sec- tion 5 declaratory judgment actions. § 51.52 Basic standard. (a) Surrogate for the court. Section 5 provides for submission of a voting change to the Attorney General as an alternative to the seeking of a declara- tory judgment from the U.S. District Court for the District of Columbia. Therefore, the Attorney General shall make the same determination that would be made by the court in an ac- tion for a declaratory judgment under VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
100 28 CFR Ch. I (7–1–11 Edition) § 51.53 section 5: whether the submitted change neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language mi- nority group. The burden of proof is on a submitting authority when it sub- mits a change to the Attorney General for preclearance, as it would be if the proposed change were the subject of a declaratory judgment action in the U.S. District Court for the District of Columbia. South Carolina v. Katzen- bach, 383 U.S. 301, 328, 335 (1966). (b) No objection. If the Attorney Gen- eral determines that the submitted change neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language mi- nority group, no objection shall be interposed to the change. (c) Objection. An objection shall be interposed to a submitted change if the Attorney General is unable to deter- mine that the change neither has the purpose nor will have the effect of de- nying or abridging the right to vote on account of race, color, or membership in a language minority group. This in- cludes those situations where the evi- dence as to the purpose or effect of the change is conflicting and the Attorney General is unable to determine that the change is free of both the prohib- ited discriminatory purpose and effect. [Order 3262–2011, 76 FR 21248, Apr. 15, 2011] § 51.53 Information considered. The Attorney General shall base a determination on a review of material presented by the submitting authority, relevant information provided by indi- viduals or groups, and the results of any investigation conducted by the De- partment of Justice. § 51.54 Discriminatory purpose and ef- fect. (a) Discriminatory purpose. A change affecting voting is considered to have a discriminatory purpose under section 5 if it is enacted or sought to be adminis- tered with any purpose of denying or abridging the right to vote on account of race, color, or membership in a lan- guage minority group. The term ‘‘pur- pose’’ in section 5 includes any dis- criminatory purpose. 42 U.S.C. 1973c. The Attorney General’s evaluation of discriminatory purpose under section 5 is guided by the analysis in Village of Arlington Heights v. Metropolitan Hous- ing Development Corp., 429 U.S. 252 (1977). (b) Discriminatory effect. A change af- fecting voting is considered to have a discriminatory effect under section 5 if it will lead to a retrogression in the po- sition of members of a racial or lan- guage minority group (i.e., will make members of such a group worse off than they had been before the change) with respect to their effective exercise of the electoral franchise. Beer v. United States, 425 U.S. 130, 140–42 (1976). (c) Benchmark. (1) In determining whether a submitted change is retro- gressive the Attorney General will nor- mally compare the submitted change to the voting standard, practice, or procedure in force or effect at the time of the submission. If the existing standard, practice, or procedure upon submission was not in effect on the ju- risdiction’s applicable date for cov- erage (specified in the appendix) and is not otherwise legally enforceable under section 5, it cannot serve as a bench- mark, and, except as provided in para- graph (c)(4) of this section, the com- parison shall be with the last legally enforceable standard, practice, or pro- cedure used by the jurisdiction. (2) The Attorney General will make the comparison based on the conditions existing at the time of the submission. (3) The implementation and use of an unprecleared voting change subject to section 5 review does not operate to make that unprecleared change a benchmark for any subsequent change submitted by the jurisdiction. (4) Where at the time of submission of a change for section 5 review there exists no other lawful standard, prac- tice, or procedure for use as a bench- mark (e.g., where a newly incorporated college district selects a method of election) the Attorney General’s deter- mination will necessarily center on whether the submitted change was de- signed or adopted for the purpose of discriminating against members of ra- cial or language minority groups. (d) Protection of the ability to elect. Any change affecting voting that has the purpose of or will have the effect of VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
101 Department of Justice § 51.58 diminishing the ability of any citizens of the United States on account of race, color, or membership in a lan- guage minority group to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of section 5. 42 U.S.C. 1973c. [Order 3262–2011, 76 FR 21248, Apr. 15, 2011] § 51.55 Consistency with constitutional and statutory requirements. (a) Consideration in general. In mak- ing a determination under section 5, the Attorney General will consider whether the change neither has the purpose nor will have the effect of de- nying or abridging the right to vote on account of race, color, or membership in a language minority group in light of, and with particular attention being given to, the requirements of the 14th, 15th, and 24th Amendments to the Con- stitution, 42 U.S.C. 1971(a) and (b), sec- tions 2, 4(a), 4(f)(2), 4(f)(4), 201, 203(c), and 208 of the Act, and other constitu- tional and statutory provisions de- signed to safeguard the right to vote from denial or abridgment on account of race, color, or membership in a lan- guage minority group. (b) Section 2. Preclearance under sec- tion 5 of a voting change will not pre- clude any legal action under section 2 by the Attorney General if implemen- tation of the change demonstrates that such action is appropriate. [52 FR 490, Jan. 6, 1987, as amended at 63 FR 24109, May 1, 1998; Order 3262–2011, 76 FR 21249, Apr. 15, 2011] § 51.56 Guidance from the courts. In making determinations the Attor- ney General will be guided by the rel- evant decisions of the Supreme Court of the United States and of other Fed- eral courts. § 51.57 Relevant factors. Among the factors the Attorney Gen- eral will consider in making deter- minations with respect to the sub- mitted changes affecting voting are the following: (a) The extent to which a reasonable and legitimate justification for the change exists; (b) The extent to which the jurisdic- tion followed objective guidelines and fair and conventional procedures in adopting the change; (c) The extent to which the jurisdic- tion afforded members of racial and language minority groups an oppor- tunity to participate in the decision to make the change; (d) The extent to which the jurisdic- tion took the concerns of members of racial and language minority groups into account in making the change; and (e) The factors set forth in Village of Arlington Heights v. Metropolitan Hous- ing Development Corp., 429 U.S. 252 (1977): (1) Whether the impact of the official action bears more heavily on one race than another; (2) The historical background of the decision; (3) The specific sequence of events leading up to the decision; (4) Whether there are departures from the normal procedural sequence; (5) Whether there are substantive de- partures from the normal factors con- sidered; and (6) The legislative or administrative history, including contemporaneous statements made by the decision mak- ers. [Order 3262–2011, 76 FR 21249, Apr. 15, 2011] § 51.58 Representation. (a) Introduction. This section and the sections that follow set forth factors— in addition to those set forth above— that the Attorney General considers in reviewing redistrictings (see § 51.59), changes in electoral systems (see § 51.60), and annexations (see § 51.61). (b) Background factors. In making de- terminations with respect to these changes involving voting practices and procedures, the Attorney General will consider as important background in- formation the following factors: (1) The extent to which minorities have been denied an equal opportunity to participate meaningfully in the po- litical process in the jurisdiction. (2) The extent to which voting in the jurisdiction is racially polarized and election-related activities are racially segregated. (3) The extent to which the voter reg- istration and election participation of VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
102 28 CFR Ch. I (7–1–11 Edition) § 51.59 minority voters have been adversely af- fected by present or past discrimina- tion. [52 FR 490, Jan. 6, 1987, as amended by Order 3262–2011, 76 FR 21249, Apr. 15, 2011] § 51.59 Redistricting plans. (a) Relevant factors. In determining whether a submitted redistricting plan has a prohibited purpose or effect the Attorney General, in addition to the factors described above, will consider the following factors (among others): (1) The extent to which malapportioned districts deny or abridge the right to vote of minority citizens; (2) The extent to which minority vot- ing strength is reduced by the proposed redistricting; (3) The extent to which minority con- centrations are fragmented among dif- ferent districts; (4) The extent to which minorities are over concentrated in one or more districts; (5) The extent to which available al- ternative plans satisfying the jurisdic- tion’s legitimate governmental inter- ests were considered; (6) The extent to which the plan de- parts from objective redistricting cri- teria set by the submitting jurisdic- tion, ignores other relevant factors such as compactness and contiguity, or displays a configuration that inexplicably disregards available nat- ural or artificial boundaries; and (7) The extent to which the plan is in- consistent with the jurisdiction’s stat- ed redistricting standards. (b) Discriminatory purpose. A jurisdic- tion’s failure to adopt the maximum possible number of majority-minority districts may not be the sole basis for determining that a jurisdiction was motivated by a discriminatory purpose. [Order 3262–2011, 76 FR 21249, Apr. 15, 2011] § 51.60 Changes in electoral systems. In making determinations with re- spect to changes in electoral systems (e.g., changes to or from the use of at- large elections, changes in the size of elected bodies) the Attorney General, in addition to the factors described above, will consider the following fac- tors (among others): (a) The extent to which minority vot- ing strength is reduced by the proposed change. (b) The extent to which minority concentrations are submerged into larger electoral units. (c) The extent to which available al- ternative systems satisfying the juris- diction’s legitimate governmental in- terests were considered. § 51.61 Annexations. (a) Coverage. Annexations and deannexations, even of uninhabited land, are subject to section 5 preclearance to the extent that they alter or are calculated to alter the composition of a jurisdiction’s elec- torate. See, e.g., City of Pleasant Grove v. United States, 479 U.S. 462 (1987). In analyzing annexations and deannexations under section 5, the At- torney General considers the purpose and effect of the annexations and deannexations only as they pertain to voting. (b) Section 5 review. It is the practice of the Attorney General to review all of a jurisdiction’s unprecleared annex- ations and deannexations together. See City of Pleasant Grove v. United States, C.A. No. 80–2589 (D.D.C. Oct. 7, 1981). (c) Relevant factors. In making deter- minations with respect to annexations, the Attorney General, in addition to the factors described above, will con- sider the following factors (among oth- ers): (1) The extent to which a jurisdic- tion’s annexations reflect the purpose or have the effect of excluding minori- ties while including other similarly sit- uated persons. (2) The extent to which the annex- ations reduce a jurisdiction’s minority population percentage, either at the time of the submission or, in view of the intended use, for the reasonably foreseeable future. (3) Whether the electoral system to be used in the jurisdiction fails fairly to reflect minority voting strength as it exists in the post-annexation juris- diction. See City of Richmond v. United States, 422 U.S. 358, 367–72 (1975). [52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23, 1987, as amended by Order 3262–2011, 76 FR 21249, Apr. 15, 2011] VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
103 Department of Justice Pt. 51, App. Subpart G—Sanctions § 51.62 Enforcement by the Attorney General. (a) The Attorney General is author- ized to bring civil actions for appro- priate relief against violations of the Act’s provisions, including section 5. See section 12(d). (b) Certain violations of section 5 may be subject to criminal sanctions. See section 12(a) and (c). § 51.63 Enforcement by private parties. Private parties have standing to en- force section 5. § 51.64 Bar to termination of coverage (bailout). (a) Section 4(a) of the Act sets out the requirements for the termination of coverage (bailout) under section 5. See § 51.5. Among the requirements for bailout is compliance with section 5, as described in section 4(a), during the ten years preceding the filing of the bail- out action and during its pendency. (b) In defending bailout actions, the Attorney General will not consider as a bar to bailout under section 4(a)(1)(E) a section 5 objection to a submitted vot- ing standard, practice, or procedure if the objection was subsequently with- drawn on the basis of a determination by the Attorney General that it had originally been interposed as a result of the Attorney General’s misinter- pretation of fact or mistake in the law, or if the unmodified voting standard, practice, or procedure that was the subject of the objection received sec- tion 5 preclearance by means of a de- claratory judgment from the U.S. Dis- trict Court for the District of Colum- bia. (c) Notice will be given to interested parties registered under § 51.32 when bailout actions are filed or decided. Subpart H—Petition To Change Procedures § 51.65 Who may petition. Any jurisdiction or interested indi- vidual or group may petition to have these procedural guidelines amended. § 51.66 Form of petition. A petition under this subpart may be made by informal letter and shall state the name, address, and telephone num- ber of the petitioner, the change re- quested, and the reasons for the change. § 51.67 Disposition of petition. The Attorney General shall promptly consider and dispose of a petition under this subpart and give notice of the dis- position, accompanied by a simple statement of the reasons, to the peti- tioner. APPENDIX TO PART 51—JURISDICTIONS COVERED UNDER SECTION 4(b) OF THE VOTING R IGHTS ACT, AS AMENDED The requirements of section 5 of the Voting Rights Act, as amended, apply in the following jurisdictions. The applicable date is the date that was used to determine coverage and the date after which changes affecting voting are subject to the preclearance requirement. Some jurisdictions, for example, Yuba County, California, are included more than once because they have been determined on more than one occasion to be covered under section 4(b). Jurisdiction Applicable date Federal Register citation Volume and page Date Alabama .............................................................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Alaska ................................................................. Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975. Arizona ................................................................ Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. California: Kings County ........................................ Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. Merced County ..................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. Monterey County .................................. Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Yuba County ........................................ Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Yuba County ........................................ Nov. 1, 1972 ................ 41 FR 784 ................... Jan. 5, 1976. Florida: Collier County ....................................... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976. Hardee County ..................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00113 Fmt 8010 Sfmt 8002 Q:\28\28V2.TXT ofr150 PsN: PC150
104 28 CFR Ch. I (7–1–11 Edition) Pt. 51, App. Jurisdiction Applicable date Federal Register citation Volume and page Date Hendry County ..................................... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976. Hillsborough County ............................. Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. Monroe County ..................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. Georgia ............................................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Louisiana ............................................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Michigan: Allegan County: Clyde Township ..................... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976. Saginaw County: Buena Vista Township ........... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976. Mississippi .......................................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. New Hampshire: Cheshire County: Rindge Town .......................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Coos County: Millsfield Township ................. Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Pinkhams Grant ..................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974 Stewartstown Town ............... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Stratford Town ....................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Grafton County: Benton Town .......................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Hillsborough County: Antrim Town ........................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Merrimack County: Boscawen Town .................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Rockingham County: Newington Town .................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. Sullivan County: Unity Town ............................. Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974. New York: Bronx County ....................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Bronx County ....................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. Kings County ........................................ Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Kings County ........................................ Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. New York County ................................. Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. North Carolina: Anson County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Beaufort County ................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Bertie County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Bladen County ...................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Camden County ................................... Nov. 1, 1964 ................ 31 FR 3317 ................. Mar. 2, 1966. Caswell County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Chowan County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Cleveland County ................................. Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Craven County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Cumberland County ............................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Edgecombe County .............................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Franklin County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Gaston County ..................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Gates County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Granville County ................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Greene County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Guilford County .................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Halifax County ...................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Harnett County ..................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Hertford County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Hoke County ........................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Jackson County .................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975. Lee County ........................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Lenoir County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Martin County ....................................... Nov. 1, 1964 ................ 31 FR 19 ..................... Jan. 4, 1966. Nash County ........................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Northampton County ............................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Onslow County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Pasquotank County .............................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Perquimans County .............................. Nov. 1, 1964 ................ 31 FR 3317 ................. Mar. 2, 1966. Person County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Pitt County ............................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Robeson County .................................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Rockingham County ............................. Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. Scotland County ................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Union County ....................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966. VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00114 Fmt 8010 Sfmt 8002 Q:\28\28V2.TXT ofr150 PsN: PC150
105 Department of Justice § 52.01 Jurisdiction Applicable date Federal Register citation Volume and page Date Vance County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Washington County .............................. Nov. 1, 1964 ................ 31 FR 19 ..................... Jan. 4, 1966. Wayne County ...................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. Wilson County ...................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. South Carolina .................................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. South Dakota: Shannon County .................................. Nov. 1, 1972 ................ 41 FR 784 ................... Jan. 5, 1976. Todd County ......................................... Nov. 1, 1972 ................ 41 FR 784 ................... Jan. 5, 1976. Texas .................................................................. Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975. Virginia ................................................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965. The following political subdivisions in States subject to statewide coverage are also cov- ered individually: Jurisdiction Applicable date Federal Register citation Volume and page Date Arizona: Apache County ..................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Apache County ..................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975. Cochise County .................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971 Coconino County .................................. Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Coconino County .................................. Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975. Mohave County .................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Navajo County ...................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Navajo County ...................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975. Pima County ......................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Pinal County ......................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Pinal County ......................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975. Santa Cruz County ............................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971. Yuma County ....................................... Nov. 1, 1964. ............... 31 FR 982 ................... Jan. 25, 1966. The Voting Section maintains a current list of those jurisdictions that have maintained successful declaratory judgments from the United States District Court for the District of Columbia pursuant to section 4 of the Act on its Web site at http://www.justice.gov/crt/voting. [Order 3262–2011, 76 FR 21250, Apr. 15, 2011] PART 52—PROCEEDINGS BEFORE U.S. MAGISTRATE JUDGES Sec. 52.01 Civil proceedings: Special master, pre- trial, trial, appeal. 52.02 Criminal proceedings: Pretrial, trial. § 52.01 Civil proceedings: Special mas- ter, pretrial, trial, appeal. (a) Sections 636 (b) and (c) of title 28 of the United States Code govern pre- trial and case-dispositive civil jurisdic- tion of magistrate judges, as well as service by magistrate judges as special masters. (b) It is the policy of the Department of Justice to encourage the use of mag- istrate judges, as set forth in this para- graph, to assist the district courts in resolving civil disputes. In conformity with this policy, the attorney for the government is encouraged to accede to a referral of an entire civil action for disposition by a magistrate judge, or to consent to designation of a magistrate judge as special master, if the attor- ney, with the concurrence of his or her supervisor, determines that such a re- ferral or designation is in the interest of the United States. In making this determination, the attorney shall con- sider all relevant factors, including— (1) The complexity of the matter, in- cluding involvement of significant rights of large numbers of persons; (2) The relief sought; (3) The amount in controversy; (4) The novelty, importance, and na- ture of the issues raised; (5) The likelihood that referral to or designation of the magistrate judge will expedite resolution of the litiga- tion; (6) The experience and qualifications of the magistrate judge; and VerDate Mar<15>2010 15:20 Aug 31, 2011 Jkt 223108 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT ofr150 PsN: PC150
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