Procedures for the Administration of Section 5 of the Voting Rights Act of 1965 Proposed Rules Part IV
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May 6, 1985
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Case Files, Thornburg v. Gingles Working Files - Schnapper. Procedures for the Administration of Section 5 of the Voting Rights Act of 1965 Proposed Rules Part IV, 1985. c5c35031-e392-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/436029e9-0bf7-44d4-b26e-143ea76d5fe0/procedures-for-the-administration-of-section-5-of-the-voting-rights-act-of-1965-proposed-rules-part-iv. Accessed December 06, 2025.
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Part IV
Department of
Justice
Office of the Attorney General
28 CFR Part 51
Procedures for the Administration of
Section 5 of the Voting Rights Act of
1965; Proposed Rules
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19122 Federal Register I VoL 50, No. 87 I Monday, May 6, 1985 I Proposed Rules
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 51
[Order No. 1091-85]
Procedures for the Administration of
Section 5 of the Voting Rights Ar.t of
1965; P~oposed Revision of
Procedure3
AGENCY: Department of Justice.
ACTION: Proposed Rule.
SUMMARY: The Attorney General finds it
necessary to propose re'l.isions to the
Procedures for the Administration of
Section 5 cf tht? Voting Rights Act of
1965. 28 CFR Part 51. 46 FR 8i 2, Jan. 5,
1981. The revisions are needed to
conform the existing Procedures to
developmen ts that have occurred since
1981, interpreta tions of Section 5
contained in judici al decis ions, and
changes mandated by the 1982
Amendments to the Vo ting Rights Act.
Interested persons are invited to
partici pate in the formulation of the
proposed revised Procedures by
su bmit ting written comments.
DATE: All comments received on or
b efore july 5, 1985, will be considered. It
ts propose t at t e reV1se oce
wiil be effe ctive 30 days after
publica tion in final form.
AOD'IESS: Comments should be sent to
th e Ch ie f. Voting Section. Civil Rights
Division. Department of Justice,
W ash ington. D.C. 20530.
Comm ents regarding collection of
information requirements contained in
these procedures and submitted to .the
Director of the Office of Management
a r:d Budget. should be sent to: Office of
Informati on and Regula tory Affairs.
Office of Management and Budget.
A ttention: Desk Officer for Department
of justi ce, Washington, D.C. 20530.
FOR FURTHER INFORMA nON CONTACT:
Da\' id H. Hunter. Attorney. Voting
Sec!io n, Civil Rights Division.
Depar tment of jus tice. Washington. D.C.
20530. {202) 724-5898.
SUP!>UMENTARY INFORMATION: S~ction 5
of the Voting Rights Act of 1965. as
amended. 42 U.S.C. 1973c. requires
certa in jurisdictions (listed in the
Appendix) to obtain "preclearance"
from either the Unit ed States Dis tr ict
Cour t for the Dis trict of Co lumbia or
fro m the United States Attorney General
before implemen ti ng any new sta ndard.
practice. or procedure that affects
voting.
Procedures for the Att orney General' s
ad ministration of Sec tion 5 were firs t
publis hed in 1971. Pro posed Procedures
were published for comments on May
28, 1971 {36 FR 9781) . and the final
Procedures were published on
September 10, 1971 (36 FR 18186). As a
result of experience under the 1971
Procedures. change~ mandated by the
1975 Amendments to the Voting Rights
Act, and interpretations of Section 5
contained in judicial decisions, revised
Procedures were published for comment
on March 21·; 1980 ( 45 FR 18890), and
final revised Procedures were published
on January 5, 1981 (46 FR 870) (corrected
at 46 FR 9571, Jan. 29, 1981).
In the four years since the revision
· became final, the Attorney General has
had further experience in the
consideration of voting changes, most
significantly with respect to submitted
redistricting plans adopted following the
1980 census; the courts have made a
number of important decisions in cases
involving Section 5, and Congress has
again amended the Voting Rights Act.
This new proposed revision reflect!
these developments.
The principal change proposed is the
addition of the new Subpart F,
Determinations by the Attorney
General. This new subpart discusses the
substantive standards followed by the
A!to.'"Iley General in deciding whether or
not to object to submitted changes
a ec mg vo mg. me u es a genera
discussion of the principles applicable to
all determinations and more specific
discussions of the standards for the
t~ most complex types pf changes
redistrictings. changes in electoral
systems, aad annexations. The proposed
subpart makes it clear that in making
substantive Section 5 determinations the
Attorney General follows the law as
interpTeted by the Supreme Court of the
United States and other courts. It is
hoped that the new subpart will provide
additional guidance to jurisdictions
subject to the preclearance requirement ·
of Section 5 and to other interested
persons.
Although the 1982 Amendments to the
Voting Righ ts Act, Pub. L 97-205, 96
Stat. 131. do not amend Section 5 or add
any jurisdictions to the coverage of
Section 5. they make two significant
changes concerning the termination of
coverage under Secti on 5 (ba ilout) . .
First. effective in August 1984, the
Amendments authorize bailout actions
by individual political subdivisions
(which are usually counties) of covered
States. In the past, if statewide coverage
existed. only the Sta te could bail out.
Section 51.5 has been revi sed ~o reflect
th is change.
Second. also effective in August 1984.
the s tandarp that a jurisdicti on must
meet to obtain permission from a court
to bail out has been changed. In order to
secure a .bailout order after August 4.
1984, the jurisdiction will have to
establish, for the ten year period
preceding the filing of the action and
while the action is pending, that it-
and all governmental units within its territory
have complied with Section 5 of this Act,
including compliance with the requirement
that no change covered by Section 5 has been
enforced without preclearance under Section
·s. and have repealed all changes covered by
Section 5 to which the Attorney General has
successfully objected or as to which the
United States District Court for the District of
Columbia has denied a declaratory judgment.
In addition, the jurisdiction will have to
establish, for the same period. that-
the Attorney General has not interposed any
ob jection (that has not been overturned by a
final judgment of a court [or withdrawn by
the Attorney General]) and no declaratory
judgment has been denied under Section 5.
with respect to any submission by o~ Ol'l
behalf of the plaintiff or any governmental
unit within its territory under Section 5. and
no such submissions or declaratory judgment
actions are pending.
Notice of the new requirements is given
in new § 51.62 of Subpart G (old Subpart
F), Sanctions.
The following additional changes ·in
the Procedures are proposed:
A new 51.8. Section 3 covera e. has
been added to rna e c ear t at t e
Attorney General also follows the
Procedures set forth herein with respect
to submissions received from
jurisdictions required under Section 3{c)
of the Act to preclear voting changes.
A new § 51.17, Special elections. has
been added to clarify the application of
Section 5 to the conduct of speCial
elections.
Section 51.18 (old § 51 .16). Court
ordered changes. has been expanded to
reflect the decision of the Supreme
Court in McDaniel v. Sanchez. 452 U.S.
130 (1981).
ln § § 51.24 (old § 51.22), 51.29 (old
§ 51.27), and 51.31 (old ~ 51.29) the
address to be used for Section 5
communications has been changed to
ena ble the Depar tment of Jus tice mail
room to improve its handling
correspondence re la ting to Section 5.
Section 51.22 (old § 51.20). Premature
submissions. has been revised to make
clear that the A ttorney General w ill
review a redistricting plan resulting
from Federa l court li tiga ti on prior to the
co urt' s fin al order. if the plan is
otherwise final.
Section 51.25 (old § 51 .23).
W ithdra w al of submiss ions . has been
revised to eliminate the good cause
requirement for w ithdrawa ls an d to
make clea r tha t a req uest to withdra w a
submiss ion mus t be in writing.
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A new subsection fn has been added
to § 51.28 (old § 51 .25). Supplemental
contents. to indicate that the Attorney
General considers it useful to know
whe ther the jurisdiction has made a
complete copy of its submission
available for public inspection and has
given adequate public notice of this
availability.
Section 51.33 (old § 51 .31). Notice to
registrants concerning submissions. has
been revised to indicate that the weekly
notice of submissions includes notice of
Section 5 declaratory judgment actions.
and new § 51.62(c) indicates that the
weekly notice includes notice of bailout
actions.
Section 51 .50(d) (old § 51.49(d)),
Records concerning submissions, has
been re\·ised to reflect the fact that
Section 5 files are now kept oa
microfiche.
The Appendix added to the
Procedures in 1981 listed all jurisdictions
subject to the Section 5 preclearance
requirement because of coverage under
Section 4(b) of the Act. 42 U.S.C.
1973b(b), and for each jurisdiction the
date after which voting changes made
by it or its political subunits are subject
to the preclearance requirement. The
revised Appendix adds the Federal
Re%ister citation for the coverage
determination. Since the january S. 1981 . . ..
bailed out-El Paso County. Colorado;
Honolulu County, Hawaii; Elmore
County. Idaho; Campbell County.
Wyoming; three towns in Connecticut,
and nine towns in Massachusetts. In
addition. a bailout application by the
State of Alaska is pending. State of
Alaska v. United States, C.A. No. 84-
1362 (D.D.C .. filed May 1. 1984).
AED€SIGNATION TABLE
Old sec1iOft I New secoon
51.1 .. ............. _, _____ , _____ , _ _ ______ .............. ... J 51.1
i: 1 =-====~==:::~=~:~=::=~~=~~~===:.~-~~~ m 51.5 .... _. _____ ,_, _ ____ _ _________ , 51.5
; ; - ~ ::=:~:~~~:::::::::::::~~::::::~~::::::.:~:: :::::::::~: : : : ~:::::. ; : : ~
1 51.8
!]];~~~=~-~:~~E~-~~-~ li)l
;: :~ ~~;~;~=~~i:~=::~;-~J !!~
51 .19 .... .................................................... , ................. ....... 4 51 .21
!!~~:~~~~~:~~;~--~~~~l !!~
AEDESIGNAT10N TABLE-Continued
l New
secuon
I
~~~ ~--==--==-:~:::::::::.=.-.:.~==:=-:-~] ~ : :~
l!~=~~~Sf~~~~::~ !:~
51.3& .. _ . _ __ _ ____ _ _______ ,,.... 51 .36
.51.37 _ .. _ .. _______ ________ 51.39
51 .38 .................. _ .............................. _........................... 51 .40
51 .39 - - .. - ---·---- - ---...... _ ..... -. 51 .51 .
51 . ..0 ... ----·---·-·- .. - ·--·-·- 51 .41
51 .41 .................... ......... - ......................................... ...... :.. 51 .42
s 1.42 ,., _ ___ ,,,_ ............. _....................... .. ................ 51 .43
51 .43 ...... ..... _______ , _ _ , _ _____ _ 51.4A
51 .4A ......... _., _____ ,, ............ .... - ................. _.............. 51 .45
51 .45 ............ ................................. ..................................... 51 .46
51 .46 .. -----.. ·--·--- ·----·- ·--- -· 51 .47
5 1.47---··------------··-- -'- " 51.48
51 .48 ................................................. -.............................. 51.49
51 .49 ..................... - .................................. ............... . _ ..... 51 .50
51.52
51.53
51.54
51.55
51.56
51 .57
51 .58
51.59
51 .50 ....... -.. ............. ....................... ............................... 51.60
51.51 --- ·--.. --·--·- - -·---·-""""" 51.61
51.52 ... - .......... - .......... ..... ....... .............. _ ._ .................. .
51 .53 .. ....... .. .. ....... ...................... _,, ............... ... .............. _
51.54 .. ...... ______ ·-·-- ··--·-.. -:i
List of Subjects in 28 CFR Part 511
v a tic and
5 1. 62
51.63 .
5 1. 1><
51.65
procedure. Archives and records,
Authority delegations (government
agencies). Civil rights. Elections.
Political committees and parties. Voting
rights.
Under the definition of section 1(b) of
E.O. 12291. 3 CFR 127 (1981
Compila.tion], these Procedures do not
constitute a major rule. Accordingly. a
regulatory impact analysis. pursuant to
section 3 of E.O. 12291 has not been
prepared. Pursuant to section 3(c)(3) of
E.O. 12291. these revised Procedures
were submitted to the Director of the
Office of Management and Budget more ·
than 10 days prior 'to this publication.
Issuance of these Procedures does not
CDnstitute a major Federal action and
will not significan tly affect the human
environment. Accordingly, ne ither an
environmental impact assessment nor
an environmental impact sta tement has
been prepared. See 28 CFR Part 61.
Because these Procedures are excepted
under 5 U.S.C. 553(b)(A), an initial
regulatory flexibility analysis is not
required under 5 U.S.C. 003(a).
Accordingly. such an analysis has not
been prepared. The collection of
information requirments contained in
these Procedures have been submitted
to the Director of the Offi ce of
Management and Budget pursuant to the
Paperwork Reduction Act. 44 U.S.C.
3504(h](1) and 5 CFR 1320.13. Comments
in this regard should be sent to. Office of
Informa tion and Regulatory Affairs.
Office of Management and Budget.
Attention: Desk Officer for Department
of Justice. Washington. D.C. 20530.
This statement of revised Procedures
is proposed under 5 U.S.C. 301; 28 U.S.C.
509. 510; and 42 U.S.C. 1973c.
Dated: April 26. 1985.
Edwin Meese Ill,
Attorney General.
Part 51 is proposed to be revised to
read as follows:
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 Da te used to de termine coverage: list of
covered jurisdictioru.
· 51.5 Termination of coverage [ba..i..lout).
51.6 Poli tical subunits.
51.7 'Political parties.
51.8 Section 3 coverage.
51.9 Computa tion of time.
51.10 Requirement of action for declaratory
judgment or submission to the At torney
enera .
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
procedure and changes in subs tance. -
51.17 .Special elections.
51 .18 Court-ordered changes.
51.19 Request for no tification concerning
va ting litigation.
Subpart 8-Proc:edutes for Submission to
the Attorney General
51 .20 Form of submissions.
51.21 Time ·of submissions.
51.22 Premature submiss ions.
51.23 Party and jurisdic tion responsibl e for
rnaking submissions.
51.24 Address for submissions.
51.25 Withdrawa l of submissions.
Subpart c-contents of S4lbmlsslons
51.26 General.
51 .27 Required contents.
51.28 Supplemental contents.
Subpart D-Communlc:atlons From
lndlvk!uals and Groups
51.29 Communications concern ing vo li!lg
changes.
51.30 Action on communica tions from
individuals or groups.
51 .31 Communica tions concerning vo ting
suits.
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Sec.
51.32 Establishment and maintenance of
reg istry of interested individuals and
groups.
Subpart E-Proeessing of Submiulons
51.33 Notice to registrants concerning
submissions.
51.34 Expedited consideration.
51.35 Disposition of inappropriate
submissions.
51.36 Release of information concerning
submissions.
51.37 Obtaining information from the
submitting authority.
51.38 Obtaining information from others ..
51.39 Supplementary submissions.
51.40 Failure to complete submissions.
51.41 Notificat ion of decision not to object.
51.42 . Failure of the Attorney General to
respond.
51.43 Reexamination of decision. not to
object.
51.44 Notification of decision to object.
51.45 Requl!st for reconsideration. .
51.46 Recons ideration of objection at the
instance 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-Oeterminations by the Attorney
General
51.51 In general.
51.52 Changes with a discriminatory
purpose.
51.53 Changes with a discriminatory effect.
51.54 hanoP. s that violate the Consti tution
or other Federa l statutes.
51.55 Relevant factors.
51.56 Particularized standards for .certain
types of changes.
51 .57 Redistrictings.
51.56 Changes in electoral systems.
51.59 Annexations
Subpart G-Sanetions
51.60 Enforcement by the Attorney General.
51.61 Enforcement by private parties.
51.62 Bar to termination of coverage
{ba ilout].
Subpart H-Petltlon To Change Procedures
51 .63 Who may petition.
51.64 Form of pe ti tion.
51 .65 Disposition of petition.
Appendix-Jurisdictions Covered Under
Section 4(b ] of the Voting Rights Act. as
· Amended
Authority: 5 U.S.C. 301: 28 U.S.C. 509. 510; and
42 U.S.C. 1973c.
Subpart A-General Provisiuns
§ 51.1 Purpose.
Section 5 of the Voting Rights Act of
1965, as amended. 42 U.S.C. 1973c,
prohibits the enforcement in any
jurisdiction covered by Section 4(b) of
the Act. 42 U.S.C. 1973(b). of any voting
qualification or prerequisite to voting, or
standard. practice. or procedure with
respec t to vo ting differen t from that in
force or effect on the da te used to
determine coverage. unit] either: (1) A
declaratory judgment is obtained from
the U.S. District Court for the District of
Columbia that such qualification.
prerequisite, standard, practice, or
proc~ure does not have the purpose
· and will not have the effect of denying
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 Attorney General
and the Attorney General has
interposed no objection within a 60-day
period following submission. In order to
make clear the responsibilities of the
Attorney General under Section 5 and
the interpretation of the Attorney
General of the responsibility imposed on
others under this section. the procedures
in this part have been established to
govern the administration of Section 5.
§ 51.2 Oefinltlona.
As used in this part-
( a) "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, and the Voting Rights Act
Amendments of 1982. 96 Stat.131, 42
U.S.C. 1973 et seq. Section numbers.
- such as "Section 14(c)(3)," refer to
(b) "Attorney General" means the
Attorney General of the United States or
the delegate of the Attorney General.
(c) ··vote" and "voting" are used. as
defined in the Act. to include "all action
necessary to make a vote effective in
any primary, special, or general election,
including, but not limited to, registration,
_ listin~ pursuant to this Act, or other
action required by law prerequisite to
voting. casting a ballot, and having such
ballot counted properly and included in
the appropriate totals of votes cast with
respect to candidates for public or party
office and propositions for which votes
are received in an election." Section
14(c)(1).
(d) "Change affecting voting" means
any voting qualification. 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
under Section 4(b) and includes. inter
alia. the examples given in § 51.13.
(e) "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 term shall include any other
subdivision of a State which conducts
registration for voting." Section 14(c)(2).
(f) "Covered jurisdiction" is used to
refer to a State, where the determination
referred to in § 51.4 has been made on a
statewide basis, and to a political
subdivision. where the determination
has not been made on a statewide basis.
(g) "Preclearance" is used to refer to
the obtaining of the dec:laratory
judgment described in Section 5 or to
the failure of the Attorney General to
interpose an objection pursuant to
Section 5.
(h) "Submission" is used to refer to
the written presentation to the Attorney
General by an appropriate official of
any change affecting voting.
(i) "Submitting authority" means the
jurisdiction on whose behalf a
submission is made.
(j) "Language minority" or "language
minority group" is used, as defined in
the Act, to refer to persons who are
American Indian. Asian American,
Alaskan Natives, or of Spanish heritage.
Sections 14(c)(3) and 203(e). See 28 CFR
Part 55, Interpretative Guidelines:
Implementation of the Provisions of the
Voting Rights Act Regarding Language
Minority Groups.
§ 51.3 · Delegation of auth«lty.
The responsibility and authority for
determinations under Section 5 have
been dele ated b the Attorne General
to the Assistant Attorney Genera. Civi
Rights Division. With the exception of
objections and decisions following the
reconsideration of objections, the Chief
of the Voting Section is authorized to act
on behalf of the Assistant Attorney
General.
§ 51.4 Date used to determine coverage;
Hat of covered jurisdle1lon~
(a) The requirement of Section 5 takes
effect upon publication in the Federal
Register of the requisite determinations
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 voting made since
the date used for the determination of
coverage. For each covered 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
determine coverage and the Federal
Register citation for the determination of
coverage.
§ 51.5 Termination of coverage (bailout).
A covered jurisdiction may terminate
the applica ti on of Section 5 (or bail out)
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Federal Register I Vol. 50, No. 87 I M~nday, May 6, 1-986 / ~posed Rules 19125
by obtaining the declaratory judgment
described in Sedion 4(a) of the Act.
Effective on and after August 5, 1984:
Section 4( a) authorizes a political ·
subdivision of a covered State to bring a
· declaratory judgment action for the
termination of coverage. ·
· § 5 1.11 Political aubunlts.
All political subuniiB within 8 covered
jurisdiction (e.g., countie~. cities, school
districts) are subject to the requirement
of Section s.
§ 5 1.7 Political partJes.
Certain activities of political parties
are subject to the preclearance
requirement of SectionS. A change
affecting voting effected by a political
party is subject to the preclearance
requirement: (1) If the change relates to
a public electoral function ofthe party
and (2) if the party is acting under ·
authority explicitly or implicitly granted
,by a covered jurisdiction or political
subunit subject to the preclearance
i'equirement of Section s. For example,
changes with respect to the recruitment
of party members, the conduct of
political campaigns, and the drafting of
party pla tforms are not subject to the
preclearance requirement. Changes with
respect to the conduct of primary
elections at which party nominees,
delegates to party conventions, or party
omctals are chosen a1 e subject to the
preclearance requirement of Section 5.
Where appropriate the term
"jurisdiction" (but not "covered
jurisdiction") includes political parties.
i 51.1 Seetlon 3 ~-
Under Section 3(c) of the Act. a court
in votint~ rights litigation can order as
relief that a jurisdiction not subject to
the preclearance requirement of Section
5 preclear its voting changes by
submitting them either to the court or to
the Attorney General. Where a
jurisdiction 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.
§ 5 1.t Computation of time.
(a) The Attorney Gen9ral shall have
60 days in which to interpose an
objection to a submitted change
affecting voting.
(b) Except as specified in §§ 51.37,
51.39, and 51 .42 the 60-day period shall
commence upon rece ipt by the
Department of Justice of a submission.
(c) The 50-day period shall mean 60
calendar days. with the day of receipt of
the submiss ion not counted. If the final
day of the period should fall on a
Saturday. Sunciay. any day designated
as a holiday by the President or
Congress of the United States. or any
other day that is not a day of regular
business for fhe Department of Justice,
the Attorney General shall have until
the close of the next full business day in
.which to interpose an objection. The
· date of the Attorney General's ·response
shall be the date on which it is mailed to
the submitting authority.
§ 5.1.10 Requirement of action for
declaratory judgment 01 submlNion to .the
Attorney General.
~ction 5 requires that. prior to
enforcement of any change affectint~
voting, the juriadiction that has enacted
or seeks to administer the change must
either: (1) Obtain a judicial
determination from the U.S. District
Court for the District of Columbia that
deniJ~I or abridgment of the right to vote
an account of race. color, or membership
in a 'language minority group is not the
purpose and will not be the effect of the
change or (2) make to the Attorney
General a proper submission of the
change to which no objection is
interposed. It is unlawful to enforce a
chant~e affecting voting without
obtaining preclearance under Section 5.
The obligation to obtain auch
preclearance ill not relieved by unlawful
enforcement.
§ 51.11 Right to bring auit.
SuOIIUSSlOn to me Attorney Gene! a}
does not affect the right of the
aubmitting 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 does not
have .the prohibited discriminatory
purpose or effect.
§ 51.12 Scop. of requiNmenl
Any change affecting voting. even
tbough it appears to be minor or
indirect, even though it ostensibly
expands voting righta. or even though it
is designed to remove the elements that
caused objection by the Attorney
General to a prior submitted change.
must meet the Section 5 preclearance
requirement.
§ 51.13 E.xamples of cMnges.
Changes affecting voting include. but
are not limited to, the following
examples: ·
(a) Any change in qualifications or
eligibility for votint~.
(b) Any change concenling
registration. balloting. and the counting
of votes and any change concerning
publicity 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 pia~.
(e) Any change in the constituency of
an official or the boundaries of a voting
unit (e.g .. through redistricting, ·
.annexation, de annexation,
incorporation, reapportionment.
changint! to at-large elections from
district elections, or changing to district
elections from at-large elections).
(f) Any change in the method of
determinint~ the outcome of an election
(e.g., by requiring a majority vote for
election or the use of a designated post
or plaa! system).
(g) Any change affecting the eligibility
of persons to become or remain
candidates, to obtain a position on the
ballot in primary or g1lneral elections, or
to become or remain holders of elective
offices.
(h) Any chant~e in the eligibility and
qualification procedures for independent
candidates.
(i) Any change in the term of an
elective office or an elected official or in
the offices that are elective (e.g., by
shortening the term of an office,
changing from election to appointment
· or staggering the terms of offices).
(j) Any change affecting the necessity
of or methods for offering issues and
propositiona for approval by
referendum.
(k] Any change affecting the nght or
ability of persons to participate in
political campaigns which is effected by
a jurisdiction subject to the requirement
of Section s.
§ 51.14 Recurrent practices.
Where a jurisdiction implements a
practice or procedure periodically or
upon certain established contingencies,
a chang1l occurs: (1) The first time such a
practice or procedure is implemented by
the jurisdiction, {Z) when the manner in
which such a practice or procedure is
implemented by the jurisdiction is
changed, or (3) when the rules for
determining when such a practice or
procedure will be implemented are
changed. The fa ilure of the Attorney
General to object to a recurrent practice
or procedure 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 expressly recognized In
the final response of the Attorney
General on the merits of the submission.
§ 51 . 15 En•bllng Jevlalatlon and
contingent or nonuntform ~ts.
(a) The failure of the Attorney
General to interpose an objection to
legislation: (1) That enables orpermits
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• hange or (2] that requires or enables
;~ olitical subunits to institute a voting
l' hange upon some future event cir if they
ratisfy certain criteria does not exempt
the political subunit ·itself from the
requirement to obtain preclearance
when its seeks or is required to institute
the change in question, unless
implementat~n by the sub1,mit is
explicitly inc1uded anJ described in the
submission of such parent legislation.
(b) Such legislation includes for
example: (1] Legislation authorizing .
counties. cities. or school districts 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 authorizing political
subunits of a certain size or a certain
location to institute specified changes,
(4] legislation requiring a political
subunit to follow certa in practices or
procedures unless the subunits charter
or ordinances specify to the contrary.
§ 51.16 D~stinction between changes in
procedure and changes in substance.
The failure of the Attorney General to
interpose an objection to a procedure for
instituting a change affec ting voting
n t xem t the substantiVe chan e
from the preclearance requirement. 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 nof exempt an
annexation accomplished 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
ini tiative. referendum. or recall election:
or a bond issue election] is subject to
the preclearance requirement to the
extent that the jurisdiction makes
changes in the practices or procedures
to be followed.
(b) A jurisdic tion conducting a
referendum elec tion to ratify a change in
a practice or procedure that aff'!cts
voting may submit the change to be
voted on at the same time that !I submits
any changes involved in the conduct of
the referendum election. A jurisdiction
wishing to receive preclearance for the
change to be ra ti fied should state clearly
that such preclearance is be ing
requested. See § 51 .22 below.
§ 51.18 Court-ofdered eha~es.
{a] Changes affecting voting that are
specifically ordered by a Federal court
as a result of the court 's equitable
jurisdiction over an adversary
proceeding are not subject to the
preclearance requirement of Section 5 . .
Changes designed or formulated by a
Federal court are not subject to
preclearance merely because the court
in fashioning a remedy seeks to
effectuate legitimate policies of the
jurisdiction. When. however. a
jurisdiction submits and a Federal court
then adopts a proposed change
reflecting the policy choices of
jurisdiction officials. the change is -
subject to the preclearance requirement
of Section 5. For example, if a Federal ·
courtTmds a jurisdiction's districting
plan unconstitutionally malapportioned
or discriminatory, a remedial plan
prepared on behalf of the jurisdiction
cannot be ordered Into effect and
implemen.ted Y{ithout preclearance.
except when the court concludes that
·exigent circumstances (e.g., impending
elections) warrant use of such a plan on
an interim basis. That the jurisdiction
lacks authority under State law to
redistrict on its own does not alter the
application of this rule.
(b) Where a court-ordered change is
no_t itself subject to the preclearance
requirement. subsequent changes
necessitated by the court order but
decided upon by the jurisdiction are
subject to the preclearance requirement.
or examp e. a oug a cour -or ere
districting plan may not be subject to
the preclearance requirement, changes
in voting precincts and polling places
made necessary by the new plan remain
subject to SeCtion 5 . .
§ 51.19 Requnt for nottfieetlon
conc:emi~ voting litigation.
A jurisdiction subject to the
preclearance requirement of Section 5
that becomes involved in any litigation
concerning voting is requested prpmptly
to notify the Assistant Attorney ·
General, Civil Rights Division.
Department of Justice, Washington. D.C.
20530. Such notification will not be
considered a submission under Section
5.
Subpart a-Procedures for
Submission to th-e Attorney General
§ 51.20 Form of submiulons.
Submissions may be made in letter or
any other written form .
§ 51.21 _Time of submluions.
Changes affecting voting should be
submitted as soon as possible after they
become final.
§ 51 .22 Premature submissions.
The Attorney General will not
consider on the merits: (a) Any proposal
for a change affecting voting submi tted
prior to final enactment or
administrative decision or (b) any ·
proposed change which has a direct
bearing on another change .affecting
voting which has not received Seetin 5
preclearance. However, with respect to
a change for which appToval by .
referendum, a State or Federal court or a
Federal agency is required, the Attorney
General may make a determination
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.
§ 51.23 Party and jurisdiction responsi!M
for making submissions.
(a) Cha~es affecting ;oting shall be
submitted by the chief legal officer or ··
other appropriate official of the
submitting authority .or by any other
authorized person on behalf of the
submitting authority. When one or more
counties or other political subunits
within a State will be affected, the State
may make a submission on their behalf.
Where a State is .covered as a whole,
State legislation (except legislation of
local applicability] or other changes
undertaken or required by the State
shall be submitted by the State.
itical
party (see § 51.7) may be submitted by
an appropriate official of the political
party.
§ 51.24 Address for submluiOns.
· Changes affecting voting shall be
mailed or delivered to the Chief. Voting
Section, Civil Rights Division.
Department of Justice, Washington, D.C.
20530. The envelope and first page of the
submission shall be clearly marked:
Submission under Section 5 of the
Voting R~ghts Act.
§ 51.25 Withdrawal of submissions.
If while a submission is pending the
submitted change is repealed, altered, or
declared invalid or otherwise becomes
unenforceable, the jurisdiction may
withdraw the submission. ln other
circumstances. a jurisdiction may
withdraw a submission at any time prior
to a final decision by the Attorney
GeneraL Notice bf the withdrawal of a
submission must be made in writing.
addressed to the Chief, Voting Sec tion.
Civil Rights Division, Department of
Justice, Washington, D.C. 20530. The
· submission shall be deemed withdrawn
upon receipt of sa id notice. provided
that the Attorney General has not.
theretofore made a decision either to
preclear or object to the submission.
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Subpart C-contents of Submissions
§ 51.26 General.
(a) The source of any :nformation
contained in a submission should be
identified.
(b) Where an estimate is provided in
lieu of more reliable statistics, the ·
submission should identify the name,
position, and qualifications of the
person responsible for the estimate and
should briefly describe the basis for the
estimate.
(c) Submissions should be no longer
than is necessary for the presents tion ·of
the appropriate information and
materials. ·
(d) A submitting authority that desires
the Attorney General to consider any
informatioR supplied as part of an
earlier submission may incorporate such
information by reference by stating the
date and subject matter of the earlier
submission and identifying the relevant
information.
(e) Where information requested by
this subpart is relevant but not known or
available, or is not applicable, the
submission should so state.
§ 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
ect1on w1t respec o
change affecting voting:
(a) A copy of any ordinance,
enactment, order or regulation
embodying a change affecting voting.
(b) U the change affecting voting
either is not readily apparent on the face
of the document provided under
paragraph (a) or is not embodied in a
document, a clear statement of the
change explaining the difference
between the submitted change and the
prior law or practice, or explanatory
materials adequate to disclose to the
Attorney General the difference
between the prior and proposed
situation with respect to voting.
(c) The name. title. address. and
telephone number of the person making
the submission.
(d) The name of the su'?mitting
authority and the name cf tpe
jurisdiction responsible for the change. if
different. .
(e) If the submission is not from a
State or county, the name of the county
and State in which the submitting
authority is located.
(f) 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).
(g) A statement identifyins the
statutory 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.
(h) The date of adoption of the change
affecting voting.
(i) The date on which the change is to
take effect.
(j) A statement that the change has
not yet been enforced or administered,
or an explanation of why such a
statement cannot be made.
(k) Where the change will affect less
than the entire jurisdiction. an
explanation of the scope of the change . .
(I) A statement of the reasons for the
change. ·
(m) A statement of the anticipated
effect of the change on members of
racial or language minority groups.
(n) A statement identifying any past
or pending litigation concerning the
change or related voting practices.
(o) A Statement that the prior practice
has been precleared (with the date) or is
not subject to the preclearance
requirement 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 explanation of why
such statem~nts cannot be made.
· Other information that the
Attorney General determines is require
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
redistricting, annexations, and other
complex changes. In the interest of time
such information should be furnished
with the initial submission relating 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.
f 51.21 Supplem«rtaa contents.
Review by the Attorney General will
be facilitated if the following
information. where pertinent, is
provided in addition to that required by
§ 51.27. -
(a) Demographic information. (1)
Total and voting age population of the
affected area before and after the
change. by race and language group. If
such information is contained in
publications of the U.S. Bureau of the
Census, reference to the appropriate
volume and table is sufficient.
(2) The nu111ber of register 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
connection with the adoption of the
change.
(b) Maps. Where any change is made
that revises the constitutency that elects
any office or affects the boundaries of
any geographic unit or units defined or
employed for voting purposes (e.g ..
redistricting. annexation. change from
district to at-large elections) or that
changes voting precinct boundaries, .
polling place locations, or voter
registration sites. maps in duplicate of.
the area to be affected. containing 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 language
minority groups.
(4) Any natural boundaries or
geographical features that influenced the
selection of boundaries of the prior or
new units.
(5) The location of prior and new
polling places. .
(6) The location of prior and new
voter registration sites.
(c) Election returns. Where a change
may affect the electoral influence of a
racial or language minority group.
returns of primary and general elections
conducted by or in th~ ju~sdictio~,
(1) The name of each candidate.
(2) The race or language group of each
candidate, if known.
(3) The position sought by each
candidate.
(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
returns are furnished. Information with
respect to elections held during the last
ten years will normally be sufficient.
(d) 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
determine whether the change is
consistent with the minority language
requirements of the Act. The Attorney
General'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 Language
Minority Groups, 28 CFR Part 55.
(e) Publicity and participation. For
submissions invol\'ing controversial or
potentially controversial changes,
evidence of public notice: of the
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opporttmity for the public to be heard,
and of the opportunity for interested
parties to participate in the decision to
adopt the proposed change anci an
account of the extent to which such
participation, especially by minority
group members, 'in fai:t took place.
Examples of materials demonstrating
public notice or participation include:
(1) Copies of ne~paper articles
discussing the proposed change.
(2) Copies "f public notiees that
describe tM propos~ ~nge and invite
public comment or participation in
hearings and statements regarding
where such public notices appeared
(e.g., ae~paper, ra-dio, 1ll' television,
posted in public buildings, sent to
identified ind;yjduals Of' groups).
(3) Minutes or accounts of public
hearings concerning the proposed
change.
(4) Statements. speechea, an-d other
public communicatioas eoncerning the
proposed change.
(5) Copies of comments from the
general public.
(6) Excerpts from legislative journals
containiJ!8 discussion of a submitted
enactment. or other lliateri.als revearmg
its Jeg:isla tive plll'pase. · ·
(fJ Availability of the ~issioa.
Copies of public DOtices that announce
the submission to the A.ttomey General.
mform Hie pu1:ihc that I eoRlptete
duplicate copy of the submission is
available for public inspection {e.g~ at
. the count}' courthouse) and invite
comments for the consideration o{ the
Attorney ·General and statements
regarding whe~ such public notice
appeared.
(g) MiJtOritygroup cO!IJocts. For
submisaions from juriadic:tions having a
significant minority popldation. the
names. addresses. teiepbone l'lWllheu.
and organiutionai affiliaticD (if lillY) or
racial or language minority grovp
· members residing in the ~ction who
can be expected to be familiar with the
prcposed change or who ha~ been
active in the political process.
Subpart D-Communications From
Individuals and Groups
§ 51.29 Oommanleations conc:eiilfng
voting c:h8nfes. ·
Any individual or group may send to
the Attorney General information
concerning a change affecting voting in
a jmisdictian to which Section S applies.
{a} Communications may be in the
form of a letter stating the name,
address. and telephone nomber of the
individual or group. describing the
allege-d change affecting voting and
setting forth evidence 1'egarding whether
the change has or does not have a
discriminatory purpose of effect. or
simply bringing lo the attentlcn of the
Attorney General the fact !hat .a voting
change hai occurred.
(b) The wmmunicati.ons ihould be
mailed to the Chief. Voting SeCtion Civil
Rights Division, Department of Jwatice,
W•sliington. D.C . .t0530. The eRvel.ope
and fU'st page should be marked:
Comment l.IBder Section .S Df the V ating
RighU Acl .
(c) Conurients by i.ndiriduaia or groups
concerning any change al;iiecUng vnting
may be sent at UJY time: hownrer,
individuals and groopa are enc:ouraged
to ~mment as ~oan u they ieam of the
change.
(d) Department of justice officials and
employeM shall comply 'With the request
of any individual that his or her identity
.not be disclosed to any person outside
the Department. to the extent permitted
by the Freedom of Information Act. S
U.S.C. 55Z. In addition, whenever i1
appears to the Atto~y General that
disclosure of the rdentity of an .
individual who provided information
regarding a change affecting v{)ting
"would constitute a clearly unwarrante-d
invasion of personal privacy• under S
U.S.C. 552(b]t6J, the identity of the
indivi.dual shall not be disclosed to any
person outside the Department
{e) When a.a individual Dr group
desires the Attorney General !o c.o.n.aider
information that wu supplied in
connection with an earlier submission. it
is ll{Jt necesaary 1o resubmit the
informatiou but merely to identify the
earlier ~&ion and tlte relevant
informatioiL
§ 51.30 Action on ~uolc:atloo. from
lndtvkluate or ;roa~
(a) If there has a~y been a
submi.saion !'e'Cei~ of the change
affecting voting brottghi tn tile attention
of the Attorney Crl!neral by an individual
or group. any evidence from the
individual or group &han ~ cons'idered
along with the materials submirte-d and
materials rel'lllti!'tg ~m ~ny
investigation.
(b ) lf such a submissiDn has not been
received, the Altomey General ihan
advise the appropriate jurisdiction of l1:l.e
requirement of Section 5 with respect to
the change in ~uestion.
§ 51.21 co-"'lieMio41S.conc:eminf
votmt 8Ufta.
Individuals and groups are urged lo
notify the Chief. Voting Section, Civil
Rights Division, of litigation concerning
voting in jurisdictions subject to the
requirement of Section 5.
§ 51.32 Establishment and maintenance of
registry of Interested lndlvl~.and . .
groups.
The Allorney Gener.al shall establish
and maintain a Registry oi Interested
Individuals and Groups. w.hich sllall
contain the name and address of any
individual or ,group that wishes to
receive natk:e of Section 5 svbmissions.
Information relating to this re8istry and
to the requirements of the Privacy Ad of
1974, 5 U.S.C . S52a ef seq .• is contained
in JUSTICE/CRT-oo4.. 48 FlU3.34 [Feb. 4,
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Subpart E-Proeesstrig of
Submlsalons
I 5 ua Notice to reglettauts conc:emw,g
submissions.
Weekly notice of JWbmi.uions that
ha¥e been receiV1!rl will be given tD the
individuals and ~who ban
regiStered for tru. pur.pose onder § 51.32..
Such notice will also be given with
respect to deaara tory indgment a cti ems
fHed pcu:suant to Section 5.
§ 51.3-4 Expedited consideration.
(a) When a submitting authority is
required under Stare Law OT 1ocal
ordinance u othenvise finds it
neeessary to imp lemeill a change within
the ~period f.ollowing snbmission.
jt my request that 1he submia:sion be
given ~ted c:onsi.cier:a1io!l. 'The
submission should expiai:o why sud~
consideration is needed and provide the
date by which a delennlmuicn is
required. ·
(b) Jllrisdiciions ahouid endeavor lo
pian far~~ ill arlsraru:e 3d that
expedited consider-ation wili not be
required~ sdiould aot rontineiy
request ncb roc:rs;deration.. When~
submitting aathmity demanstnates good
caae far expe!UUd am:s:ideration the
Attomey General will atiempt 1o ~k.e a
decision by the date requested
However. the AiSomey General c:umot
guarantee that auch c:ansidera:tion can
be given.
(c) Notice ol tise request fur expedited
cousidenltioa will be given to interesterl
parties registered under § .s1.32.
§ 51.35 ~ of Jnap,.opriate
IUbmlselona.
The Attorney Crl!neral will rna~ no
response o.n the meri.ta with respect to
an .inappropriate submi.siioo but will
notify the subm.it.tin,g auiliority cl the
inappropriateness of the subminion.
Such notification w.ili be made as
promptly as posaih1e ,and no 1a~ than
the 60th day following receipt and will
include an expl.ana tion of the
inappropriateness of the submission.
lnappropricrte submissions include the
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Federal Register I Vol. so. No. 87 I Monday. May 6, 1985 I ·Proposed Rules 19129
submission of changes that do not affect
voting (see, e.g .. § 51.13), the submission
of standards, practices, N procedures
that have not been changed (see e.g.,
§ § 51.4, 51.14), the submission of
changes that affect voting but are not
subject to the requirement of Section 5
(see, e.g., § 51.18), premature
. submission·s (see § 51.22). and
submissions by jurisdictior.s not subject
to the requirement of Section 5 (see
§ § 51.4. 51.5).
§ 51.3& Release of Information concerning
aubmlsslona.
The Attorney General shall have the
discretion to call to the attention of the
submitting authority or any interested
individual or group information or
comments related to a submission.
§ 51.37 Obtaining Information from the
aubmltting authority
(a) lf a submission does not satisfy the
requirements of§ 51.27. the Attorney
General may request any omitted
information from the submitting
authority and. upon requesting such
information, shall advise the submitting
authority that the 60-day period will not
commence until such information is
received by the Department of Justice.
Only that information considered
necessary for evaluation of the
submitting authority. The request shall
be made as promptly as possible after
receipt of the original inadequate
submission, and only the first such
request shall operate to begin anew the
60-day period in which the Attorney
General may interpose an objection.
(b) A copy of the request shall be sent
to any party who has commented on the
submission or has requested notice of
the Attorney General's action thereon.
(c) If. after a request for further ·
information is made pursuant to this
section. the information requested
becomes available to the Attorney
General from a source other than the
submitting authority, the Attorney
General shall promptly notify the
submitting authority, and the 60-day
period will commence upon the date of
such notifica lion. .
(d) Notice of the requesl! for and
receipt of further information will be
given to interested parties registered
under § 51.32. ·
§ 51.38 Obtaining lnformatlon 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 appropriate in
making a determination.
(b) If a submission does not contain
evidence of adequate notice to the
public, and the Attorney General
believes that such notice is essential to ·
a determination, steps will be taken by
the Attorney General to provide public
notice sufficient to invite interested or
affected persons to provide evidence as
to the presence or absence of a
discriminatory purpose or effect. The
submitting authority shall be advised
wheri any such steps are taken.
§ 51.39 Supplementary aubmlsslonL
When a submitting authority provides
documents and written 'information
materially supplementing a submission
(or a request for reconsideration of an
objection} for evaluation as if part of its
original submission. or, before the
expiration of the 60-day period, makes a
secorid submission such that the two
submissions cannot be independently
considered, the 60-day period for the
original submission will be calculated
from the receipt of the supplementary
information or from the second
submission.
§ 5 UO Failure to complete aubmiaalona.
If after 60 days the submitting
authority has not provided further
information in response to a request
made pursuant to § 51.37{a), the .
circumstances and consistent with the
burden of proof under .Section 5
described in § 51.51 (b) and (d), may
object to the change. giving notice as
specified in § 51.44.
§ 51.~1 Notification of dedalon not to
object.
(a) The Attorney General shall withiri
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 litigation 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 ·
notice of the Attorney General's action
thereon.-
§ 51 . ~2 Failure of the Attorney General to
respond.
1t is the practice and intention of the
Attorney General to respond to each
submission within the 60-day period.
However, the failure of the Attorney
General to make a written response
within the 60-day period constitutes
preclearance of the submitted change,
provided the submission is addressed as
specified in § 51.24 and is appropriate
for a response on the merits as
described in § 51.35.
§ 51.43 Reexamination of decision not to
object
After notification to the submitting
authority of a decision to interpose no
objection to a submitted change
affecting voting has been given, the
Attorney General may reexamine the
submission if, prior to the expiration of
the 60-day period, information indicating
the possibility of the prohibited .
discriminatory purpose or effect is
received. In this event. the Attorney
General may interpose an objection .
provisionally and advise the submitting
authority that examination of the Change
in light of the newly raised issues will
continue and that a final decision will
be rendered as so~>n as possible.
. - § 51.44 Nottflcatlon of decision to object.
(a) The Attorney General shall within
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 submittin authori
advised er at notwi stan mg e
objection it may institute and action in
the U.S. District Court for the District of
Columbia for a declaratory judgment
that the change objected to by the
· Attorney General does not have the
prohibited discrimina tory purpose or
effect.
(d) A copy of the notification shall be
sent to any party who has commented
on the submission or has requested
notice of the Attorney General's action
thereon.
(e) Notice of the decision to interpose
an objection '\\i ll be given to interested
parties registered under § 51.32.
§ 51.~5 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 informa tion or legal argument.
(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
Attorney General may request the
submitting authori ty to give local public
notice of tJote request.
.. .
19130 .Federal ,F-ag-/ Voi. 50, No. 87 I Monday, May a, 1985 / Proposed Rules
§ 51.46 Reconsideration of objection at
the Instance of the Attorney GeneraL ·
(a ) Where there appears to have been
a substantial change in operative fact or
relevant 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
· reconsider shall be given to the
submitting authority. to any party who
commented on the aubmia.sion or
requested notice of the Attorney
General's action thereon. and to .
interested par!ies registered under
§ 51.3Z, and the Attorney General shall
decide whether to withdraw or to
continue the objection only after such
persons have had a reasonable
opportunity I? commenl
§ 51.47 Conference.
(a ) A submitting authority that has
requested reconsideration of an
objection pursuant to § 51.45 may
request a conference to produce
information or legal argument in support
of reconsideration.
(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
requests such a confeT"ence, individuals
or groups that commented on the change
prier te !:Be Attemey CA!neral's ebjeetioo
or that seek to participate in response to
any notice of a request for
reconsideration shall be notified and
given the opportunity to confer.
(d) The Attorney General shall have
the discretion to hold separate meetings
to confer .,.,i th the submitting authority
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 participating
parties.
§ 51 .48 Decision after reeonslderatlon.
(a) The Attorney General shall within
the SO-day period following the receipt
of a reconsideration request or following
notice given under§ 51.46{b) notify the
submitting authority of the decision to
continue or withdraw the objection,
provided that the Attorney Geru-:ral shall
have at least 15 days followi~ any
conference that is held in which to
decide. The reasons for the decision
shall be stated.
(b) The objection shall be withdrawn
if the Attorney General is satisfied that
the change does not have the purpose
and will not ha ve the effec1 of .
discriminating on account ol r4lce. c~or.
or membership in a language mioority
group. .
(c) II the objection is not withdrawn.
the -submitting authority shall be
advised that notwithstanding the
objection !t may institute an action in
the U.S. District Court for the District of
Columbia for a declarawry judgment
that the change objected to by the
Attorney General does not have the
prohibited purpose or effect. .
(d) A copy of the noti£cation shall be
sent to any party who bas commented
on the tubmisskm or reoonsideration or
has request notice of the Attorney
General's action thereon.
(e) Notice of the decision after
recensidera:tion will be given to
interested parties registered under
§ 51.32.
§ 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 ,
reviewable. However. SectionS stat~
"Neither an affirmative indication by the
Attorney General that no objection will
be made, nor the Attorney General's
failure to object. nor a declaratory
judgment entered under this section
shall bar a sub~uent action ta enjoin
enforcement of such qualification.
prerequisite, standard. practiu, or
procedure."
§ 51.59 Rec«ds coneemlng ltlblnlssious.
(a) Section 5 fUea:The Attorney
General shall maintain a Section 5 file
for each submission, c;ontaining the
submission, related written materials,
correspondence. memoranda.
investigative reports, notations
concerning coc.ferences wi-th the
submitting authority or any interested
individual ar group, and copies of a:DY
letters from the Attorney General
concerning the submission.
(b) Objection files: Brief summaries
regarding each submission and the
general findings of the Department of
Justice investigation and decision
concerning it wi.n be prepared when a
decision .to interpose. continue. or
withdraw an objection is made. Files of
these summaries. arranged by
jurisdiction and by the date upon which
such decision is made, will be
maintained.
(c) Computer file: Records of all
submisaions and of their .dispositions by
the Attorney General shall be
electronica..lly sWred and periodically
retrie\•ed m the .form of computer
printouts.
(d) The contents {)f the above
described fiies, either in paper or in
microfiche fonn. s-hall be available for
inspection and copying by the public
-·· --·· . -·- ---- --------
during normal business hour! at the
Voting Section, Civil Rights Division,
Department of Jusfice. Washington. D.C.
Materials that are exempt from
inspection under the Freedom of
Infonnation Act. 5 U.S.C. 552(b). may be
withheld at the discretion of the
AHorney Gener-a!. Communications from
individuals who haW! request-ed
confidenttanty or with respect to whom
the Attorney General has detennined
that confidentiality is appropriate under
§ 51.29(d) shall be available only as
provided by § 51.29(d). Applicable fees.
ii any, for the copying of the contents of
these files are contained in the
Departmen1 of Justice regulations
implementing th.e F1"eedom of
Information M Z8 CFR 16.10.
Subpart F-D.termlnatlons by the
Attorney General
f 51.51 In generaL
(a) Basic standard. Section 5 provides
for submia&ion t1l the Attorney General
as an .alternative to the seeking of a
declaratory 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 action for a declaratory
judgment under "Section 5: Whether the
submitted change has the purpose or
will have the effed of ch:myhlg m
abridging the .righ1 to vote .on account-of
race, calor, or membership in a .langua~e
minority group.
(b) B~rderr of proof The burden of
proof on a submitting authority when it
submits a cliange to the Attorney
General is the same as it would be if the
change were the ·subject of a declaratory
judgment action m the u.s. District
Court for the District of Columbia. See
South Carolino v. Katzenbach, 383 U.S.
301, 335 (1966J.
(c) lnfonnation considered. The
Attorney General shall base a
determination on a review of material
presente{j by the submitting authority,
relevant information provided by
individuals or groups. and the results of
any investigation conducted by the
Department of Justice.
(d) Nature o! the deie.nninalions. (1) If
the Attorney General determines that a
submitted change does not have the
prohibited purpose ex .effect, no •
objection aha:il be inte!1)osed to the
change.
(2) If the Attorney General determi-nes
that a submitted change has the
prohibited purpo~ or effect. an
objectioo shall be interposed to the
change.
I
I
I
Federal Register / Vot. 50, No. 87 I Monday. May 6, 198
{3) rr the evi-denc~ as to the purp-ose or
effect of a change is conflicting allrl the
Attorney General is unable to det-ennine
that the submitted change does not have
the prohibited pmpcrse or effect an
objec tion shall be interposed to- the
change. · ·
§ S 1.52 Changes with 1 dlacrtmlnatory
purpose.
The Atto"mey General will :Wject to a
change affecting voting· that is.
undertaken far a racially disc.rimi.D.atory
purpose or a parpose to di..sc.riminate on
the basis of membership in a language
minority group. See City of Richmor:~d v.
United States. 4Z2 U.S. 358, 3i'8 (1975).
§ 5 1.5.3 Ctmnges wtth I dlsailaiAatory
effect.
The.Attorney General will object to a
·change affecting \loting that willie-ad to
a retro-gression in the position o/.
members of a racial or language
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 th~ elect«al
franchise. See Beer v. United States, 425
U.S. 130. 140-142(1976). ~ere
retrogression is unavoid~e. how~r.
the Attorney General will not object to a
retrogressive chauge that nonetheless
fa irly reflects minority voting strength as
it exists. See City of Richmond v. United
'itntes Q2 I I S 1SA JZQ...,l;zi (19o"'Jij
§ 5 1.54 CAanges that violate the
Constftutlon Of' other Federal statutes.
Because Section S is designed to
safeguard the right to vote from
discrimination on account of race. color.
or membership in & wn;J.~ mirronty
group. the At1orney General wiH object
to a change affecting \IOti!l{! that has
been shown to deny or ab:'jdge the right
to vote in violation of the Fifteenth
Amendment to the Constitution 01' any
other constitutional or statutory
provision providing this safeguard
a~inst discrimination. Such sta-tutory
provisions include 4Z U.S.C 1971 fa) and
(b) and Sections 2, 4(a), 4(f)(ZJ, 4{f)(4),
203(c). and Z08 oi th.e Vo.til::lg Right£ Act.
§ 51 .5.5 lltelevant factors.
The uis.tence oi a veasgnahle a.nd
legitimate justifLCati-oo for a mbmitted
change is generally highly re~-e:va:nt in
evaluating that change 1mde:f SectionS.
Also generalty rel>ev~ i& t1!e ex~ to
which the jtlrfsdiction afforrlerl members
of raoal and Fa::nguage rrrinetrity groops
an opportunity ro part'icipateW. the
decis ion to make the change and took
their concerns into account in making
the change. Departures from objective
guidelines and fair and conventional
procedures in adopting the change are
likely to be particularly relevant.
f 51.56 ~anzed lbndllrds fer
certain types of changes.
( 8} Introduction. Many of the types of
chanses alfecting ming are listed in ·
§ 51.13. This sectiott and the sections
that foll6w set forth standard!t-in
addition to those set forth a-bove-that
are ased by the- Attomey Generai il\
~e-wing retiistrictings (!ee I 51.57],
eh~ in ele-cWral gystemtl (s~
§ 51.58}. and annexations fsee I 5-1.59}.
fl>J· &sic principles. The basic
·principles relied upon b,. ~ A~tm~ey
Genera.J in deciding whether etr not to
object W. changes inYolving
~esentation are defined in the
foUQIW'ing ~s; Gonll11iQfl· v. Lighifoot,
J6ll U.S. 339 {1960); Wl!ikomo "· Choris,
403 U.S. 124 (1971)~ W.h.i.te v. Beges.ter,
-412 U.S. 755 (1973J; City ofRichmondv.
Um'ted States. 422 U.S. 358 tWSJ: JJeer
v. United States . .f25 U.S. 130 (1!rn7)~ ·
United fe•wish Orgcmizatiomr of
Williamsburg. Jrrc; v. Carey. 436 U.S. 144
(1977); Col7f!orv. F'mcft. 4'31 U.S. 407
(19?7); City .of Mobr1e· Y. Bolde.tr. 446 U.S.
55 {1-960); C lty of Rome " · United States.
446 U.S. 156 (1980); .Rogers v. lodge. 456
U.S. 613 (1982); City of PrJrt Arthar "·
United States. 459 U.S. 159 (1'982).
fcl Section Z atJ o basis for rJIJ;'ectfon;
(1) The At-tom~y Genera-l will fnferpose
an objectron based upon vtclation of
Section Z if there is- deer Mtd convincing
evidppcp af spcb a riolation t&a:t
remains ~~d by ~submitting
aud!ority afrer it has- been !!'fforded a.n
opportuni-ty to oo so. The ~- a{
proof remams. ae in Nits bro.!ght wnder
Section %. on the party er part.le:s
alleging 'riolation o{ tit~ sectiaH, amf J'!Ot
on the sttmnitfi'ng authority.
m A vioraooll of Section 2 mcey
exiat-
(i) Wh~e di~trict !:Met ll1'e drawn in a
manner ~at =nasonabl'y fragmen.ts
millority v~ Celrlantratioas, «"
[iiJ Where m.tti-member districts Cll'
an at-large electicD system submer~
minoricy voter ~s, ·
and where such fragment.atia.a or
submergence reSli!ts in a deniai of
accase Wt· ii.e ~w pr.eGeM for
minority voters. (A denial of acC2SS is
determined hy ~ena. tc. all r;;i tlur
factcts that the Cmlgresso dsems
relevant ta the Secticll 2 Woquizj;. lU
borrowed. e,g.. from Wlu:te v • .R.egester.
412 U.S. 755 (1973). and r:ase.refe~d
a1 S.. Rep. 91-U1. 97th Cozl8-,. 2d Ses&. 23
ll.Q... 7a & az.
[3) A violation of Section 2. iso a.ot
established merely upon a showing that
8 particular election system or aspect
thereof or particular district lines are not
designed in a manner likely to result in
the election of one or more (or a
proportional number of) representatives
. . .
bsed Rcles 19131
preferred by members oi a minority
group.
§ 51.57 Redletddtllga..
(a) TI!e Attorney General wtn abtect
to a redistricting plan:
(1} Y: ~ Mibmitted pJim re:&cJs a
discrillWla tory pm:pose.
(2) If lillY si3Di.£iunt ted!XtioD of
minority ¥Clift& strensth llllder the
su~ pta,n Cr>CDpa-red t() JDiJlociiy
~ Jtreniih onder tie ex~ phm is
aot required 1o achiefl! equal district
pop\iJ.aotion or ~er- k!gitimal:e
govemm.ental. goo&.
(3) If the submittEd pl;an d:em011strab!y
wcnilii result in a demai or abridgmen(
oi ~ right. 110 vote in Yi.ola lion ol
Secti<ml. See I S1.56(c:t,
(b) The cil'c!!mlRances fuat Je&d te al!
objet:t:ioo wiTh respect tG red;stricting
p~ most oheft occur when some or· all .
(){ the foll~ fact$ are fotmd to edst
(1) There is a pl!'ttern of nrcial bloc
TOting against cand:irlates who are the
dtoi~ of members of minority groups.
(2). Th.e submttte.d plan unnece£sarily
fragments minority concentrations.
(3) The submitted pl'an unneces.sarily
over can.c.ent:ta!es mili.oritie.s ia one or
more districts.
(4) The jurisdiction rejected or refused
to couider altem.ative pLans tllat would
effa::ruat.e it. ~timate go~t'lliDeD!al ·
mtes:esta aRf:I woUld reduce m·montj
voting strength less than the subGW"ted
pHlD did..
(c)' Oliter rm.vant faEtms- far
de tel'Ill.ipjng whether- a bam fDr
objection by the ~ey Gem;:ral exists
are::
(1] Tlw exf~Rt f'9 which minorities
)tan been deni€d an· ~·eal Qppornmity
to paorti~te in lhe nriol!'S poiitieaf
activities that take place m the
juri~
f2) The extent ta wntclr mirroritres
Inn~ bee.- denie-d an eqtraf opportmn"ty
ta influ-ence elections· that rake place in
the j'nrisdictioa and to influence the
decision-making- of ell!cted officials in
the jurisdiction.
(3J The ruent to which confinuing.
effects of past diac.riminafi.on ha-.re.
resulted in hlwer vater registi:a.1ic.n. and
eiecfiaa p.ar~c.ipatiDn. rates. for rninoi'ity
il'Otlp rumhen than for o.th.et petso.tl.$..
(4) The extent t.Q. w:bi~h ~ ciis.trids
created by IAe submitted plan
needles.&l.y depart from tJbiecti¥e
11edi.s~ c;i!eria sudi a&
compactness and contiguity or follow a
uruque configuration that ineJq>licably
disregards prior district boundaries.
boundaries of districts of other
contemporaneous plans. political
boundaries. prior precinct boundaries.
19132 Federal Register I Vol. 50, No. 87 I Monday, May 6, 1985 I Proposed Rules
na tural boundaries. or "manmade
physical boundaries.
(5) The extent to which the submitted
plan is inconsis tent with the
jurisdiction's sta ted redistricting
standards.
§ 51.58. Changes In electoral ayatemL
(a) The adoption of an at-large
(jurisdiction-wide) system raises
significant Section 5 issues, which
courts have addressed on numerous
occasions. See § 51.56(b). The Attorney
General applies the principles extracted
from that case law in assessing the
permissibility of such changes. The
same principles generally govern
changes in other aspects of electoral
systems, although the impact of these
other changes on minority voting
strength often is not as significant. Such
changes include: use of numbered posts.
anti-single shot provisions, candidate
residency districts, or staggered terms;
plurality versus majority vote
requirements; increases or decreases in
the size of elective bodies; and partisan
versus nonpartisan elections.
(b) The Attorney General will object
to a change in a jurisdiction's electoral
system:
(1) If the change in the electoral
system reflects a discriminatory
u ose.
(2) I e new system un atr y or
unnecessarily reduces minority voting
strength from its level \lllder the old
system.
(3) II the new system demonstrably
would result in a denial or abridgment
of the right to v<;>te in violation of
Section 2. See § 51.56(c).
(c) The circumstances that lead to an
objection with respect to changes in
electoral systems most often occur when
some or all of the following facts are
found to exist:
(1) There is a pattern of racial bloc
voting aga inst candidates who are the
choice of members of minority groups.
(2) The jurisdiction rejected or refused
to consider alternative systems that
would effectuate its legitimate .
governmental interests and would
reduce minority voting strength less
than the adopting change did.
(3) The change needlesslJ submerges
minori ty concentrations into electoral
uni ts in such a manner as effectively to
deprive minority voters of equal access
to the poli tical process.
(d) Other relevant factors for
determining whether a basis for
objection by the Attorney General with
respect to the use of an electoral system
exists are:
(1) The extent to which minorities
have been denied an equal opportunity
to participate in the various political
activities that take place in the
jurisdiction. .
(2) The extent to which minorities
have been denied an equal opportunity
to influence elections that take place in
the jurisdiction and to influence the
decision-making of elected officials in
the jurisdiction.
(3) The extent to which the continuing
effects of past discrimination have
resulted in lower voter registration and
election participation rates for minority
group members than for other persons.
·§ 51.59. AnMxatlonL
(a) Annexations are subject to Section
5 preclearance because they alter the
composition of a jurisdiction's
electorate. Thus, in analyzing
annexations under Section 5, the
Attorney General only considers the
purpose and effect of the annexation as
it pertains to voting.
(b) Selective. The Attorney General
will object if a jurisdiction's annexations
reflect the purpose or have the effect of
excluding minorities while including
other similarly situa ted persons.
will object to annexations if they reflect
a discriminatQry purpose or if all three
of the following criteria are satisfied:
(1) The annexation will result in a
significant reduction in a jurisdiction's
minority population percentage. (This
reduction is measured at the time of the
submission or is based on projections
into the reasonably foreseeable future.)
(2) There is a pattern of racial bloc
voting against candidates who are the
choice of members of minority groups.
(3) The electoral system to be used in
the jurisdiction does not fairly reflect
minority voting strength as it exists in
the post-annexation jurisdiction.
Subpart G-Sanctlon•
§ 51.50 Enforeem.nt by the A tto~y
General
(a) The Attorney General is
authorized to bring civil actions for
appropriate relief against violations of
the Act's provisions, including Section 5.
See Section 12( d).
(b) Certain violations may be subject
to criminal sanctions. See Secti ons 12
[a) and (c).
§ 51.61 Enforcement by. private partleL
Private parties have .standing to
enforce Section 5.
§ 51.62 S.r to termination of c:Qverage
(bailout).
(a) Effective on and after August 5,
1984, Section 4(a) of the Act requires
that a jurisdiction seeking to have its
coverage under Section 5 terminated (or
to "bail out") must demonstrate
compliance with Section 5, as described
in Section 4(a). during the ten years
preceding the filing of the bailout action
and during its pendency.
(b) For purposes of Section 4(a), a ·
jurisdiction shall not be deemed to have
failed to comply with Section 5 by
reason of an objection interposed and
subsequently withdrawn (see § 51.48) by
the Attorney General.
(c) Notice of the filing of a bailout
action will be given to interested parties
registered under § 51.32.
Subpart H-Petitlon To Change
Procedures
§ 51.63 Who may petition.
Any jurisdiction or interested .
individual or group may petition to have
these procedural guidelines amended.
§ 51.6-4 Form of petition.
A petition un er t is su part may e
made by informal letter and shall state
the name. address, and telephone
number of the petitioner. the change
requested, and the reasons for the
change.
§ 51.65 Obposltion of petition.
The Attorney General shall promptly
consider and dispose of a petition under
this subpart and give notice of the
disposition. accompanied by a simple
statement of the reasons, to the
petitioner.
Appendix-Jurisdictions Covered Under
Section 4(b) of the Voting Rights Act, As
Amended
The preclearance requirement of Section 5
of the Voting Rights Act. as amended. applies
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 bee·n determined on
more than one occasion to be covered under
Section 4(b ).
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~·· 19134 Federal Register I Vol. 50, No. 87 I Monday, May 6, 1985 I Proposed Rules
FEDERAl. REGIST£A citation
Texas ...... ·--·-········-····-··-·-·-·--·-··--··---·--··--·----· ···-do ·------,-------~ FR 43746.~---·-------- ~ 23. 1975.
VIrginia ..... - ......... - - .. - ... ----.. ·-·---.. ·--.. -~--·--·--.... ---- Nov. 1, 1116ot_ · - 30 FR ie97 ·---·-----.. --- "14 7, 1965.
The following political subdivisions in States subject to statewide coverage are also covered individually:
Ari:ona:
~County______ Nov. 1, 18ell ·-·- 36 FR 58011 .. .:....._ loW. 27, 1971.
AQec:N County.. --- Nov. 1, 1972 . .0 FR (!;422 . Oct. 22, 1975.
Coct>iae County .. __________ .. Nov. 1. 111ee . · ____ ... 36 FR 58011 ...... 27, 1971.
Coc>nino County ·--·--- ____ , 36 FR 5800.. Oo.
Coconino County .. . Nov. 1, 1972 -- -40 Fl't (~ .. Oct. 22. 1975.
~County ...... _________ .______ .. Nov. 1, 19e8 36 Fl't 5809 _. ...... 27, 1971 .
~ County - - .do 36 Fl't Si!09 . Oo.
~County .. _____ .. -------t Nov. 1,1872 . .. .0 FR ~!;422 Oct. 22,1975.
P1r.1a County . . Nov. 1, 18ell _ 36 FR 5809 ." .. ...... 27, 1971.
Pin3l County . - ·.do 36 FR 58011--------- 0o.
f'inaj County .__________ __, Nov. 1, 1sn · .. -- .o FR (!;422 .. Oct. 22..1975.
Santa CNz County =!Nov. 1, 1lle8---------- · 36 FR 5809 .. ·---- Mar. V, 1971.
Yuma eounty____ _ _____ ,___ Nov. 1, 1116ot 31 FR 982 -~ Jan. 25, 1964.
[FR Doc. 85-10895 Filed 5-J..-aS; 8:45am)
IIU,{NG CODE 441o-cl...lil