Gingles v. Edmisten Memoranda File Index

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Monday 
May 6, 1985 

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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19124 Federal Register I Vol. 50, No. 87 I Monday, May 6, 1985 I Proposed Rules 

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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r ulitica l subunits to institute a voting 
• 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, 
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•• 19128 Federal Register / VoL 50, No. 87 / Monday. May 6, 1..985 / Pro~ Rules 

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