Amendment to Response to "Discovery Notice 1"

    IN THE UNITED STATES DISTRICT COURT 
  

FOR THE SOUTHERN DISTRICT OF ALABAMA 
  

SOUTHERN DIVISION 
  

  

WILEY L. BOLDEN, et : CIVIL ACTION NO: 

al., 
: 75-297~P 

Plaintiffs, 

VS. 

THE CITY OF MOBILE, ei 

al., 

Defendants. 

AMENDMENT TO RESPONSE TO ''DISCOVERY NOTICE 1" 
  

Come now the defendants in the above-styled cause and 

amend their answers to ''Discovery Notice 1" heretofore filed, 

to reflect the following events which have occurred since 

the filing of such answers: 

2(a)-(b). On December 30, 1975, Act 823, shown as 

item (S) on Exhibit A to Defendants' Response to ''Discovery 

Notice 1" in this case, was forwarded to the United States 

Department of Justice with the letter attached hereto and 

marked as Exhibit A. The response of the Department of 

Justice is attached hereto and marked as Exhibit B. The 

 



Ne 2- » 

  

response of the City of Mobile to the letter from the 

Justice Department (Exhibit B) is attached hereto and 

marked as Exhibit C. 

- 7 , 4 ; / 

C.B. Arendall, Jr. | 
Suite 3000, First National Bank Building 
Mobile, Alabama 

  

Attorney for Defendants 

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

{ | £, 
J ir H Y 7 iB A : ; 7, SF ’ 

<r 4 Lior of 

S. BR. 
  

Sheppard ey 
Attorney for Defendants 

OF COUNSEL: 

LEGAL DEPARTMENT OF 
THE CITY OF MOBILE 

STATE OF ALABAMA: 

COUNTY OF MOBILE: 

Personally appeared before me, the undersigned authority 
in and for said County in said State, C.B. Arendall, Jr., 
known to me, who upon first being duly sworn by me, on oath 
deposes and says that the foregoing response is true and 

correct, to the best of his knowldge, information and belief. 

  

C.B. Arendall, Jr. 

Subscribed and sworn to before me 

this the “i7n day of 7/:,» , 1976,   

  

Notary public, Mobile County, Alabama 

 



  

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on this the x day 

of 7’ ot -/ 5, 1976, served a copy of the foregoing response 
  

on counsel for all parties to this proceeding, by mailing 

a copy of the same by United States mail, properly addressed 

and first class postage prepaid. 

  

 



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pr @ 

Honorable J. Stanley Pottinger 
Assistant Attorney General 
Page Two 

Nevertheless, since you expressed an interest in the 
statute, we are submitting it for your consideration 
and approval, without prejudlce to the right of the cit 
to continue to insist upon its position that Act 323 is 
not within the scope of the Civil Rights Act of 1965, 

Before going into the matters referred to in tha 
regulations, a brief explanation of Act 823 may be in 
order. A city commission form of government was es- 
tablished for the City of Mobile in 1911, by Act 201 
of the legislature of Alabama, in its regular session 
for that year, Apparently this form of government was 
chosen because it was enjoying popularity elsewhere in 
the nation and because of some dissatisfaction with the 
mayor-aldermanic form under which Mobile was being governed. 
In any event, we know of nothing to indicate that racial 
considerations played any part in the determinations 
made by the state legislature when it adopted Act 281, 

Undar Act 281, the legislative, executive and judicial 
powers of the city were vested in a three-member board of 
commissioners, elected at-large. Section 7 of that 1911 
statute provided that the board of commissioners could, 
by majority vote, assign particular tekinz of government 
to aach commissioner. In other words, two of the three 

S 
or renove the operations of parxticular city departments 
to or from the third commissioner, for reasons completely 
unrelated to governmental sfficiency. The existence of this 
power was an invitation to its exercise and there were in 
fact instances of its axzorcise, apparently prompted by 
personality conflicts between commissioners, ambitions 
for additional power, or the like, The provisions of 
Chapter 2 of Act 323 reflect dissatisfaction with the re- 
sult and provide a remedy. (Leas importantly, Act 8543 
also provided for a rotation of the titie of mayor, in 

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lieu of having that post filled by majority vote of the 

commissioners. The functions of the mayor are merely 

ceremonial or ministerial in nature). We have never heard 

of anyone suggesting that Chapter 2 of Act 823 was prompted 

by racial considerations of any kind. 

Act 823 contained two items: first, provisions set 

out in Chapter 2 which assigned particular tasks to par- 

ticular numbered commission posts and provided for a 

gschoduled rotation of the mayoral post; and second, 

a method get out in Chapter 3 for obtaining a vota upon 

a proposed wk form of government In liobile, a mayor- 

council form. When the proposed mayor-council goveraene 

was voted upon, it was not adopted. The operative por 

rion of Act 523 is, therefore, © Chapter 2, and we assume 

that you will be interested only in that portion of the 

statute. 

For purposes of clarity, this Submis sion will follow 

the order set out by the regulatl . 

  

25 C.P.2, §51.10{a): 
A copy of Act 323 1s attac had. A copy of Act 

tached for your CONTTARaTE, 

{2) Chapter 2 of Ant 823 became effective on 
5 Ek 

the first Monday in Cctobar, 1963. 

(4) Chapter 2 of Act 823 is the only portion 

; the remainder of the statute orovidad for a 

popular vote on a proposed mAyOr=-eounc cil form of city 

govermeent which was rejected by the voters. 

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MAR 2 1976 

Mr. €. B. Arendall, Jr. 

Hand, Arendall, Bedsole, 
Greaves & Johnston 

Attorneys at Law 
P. 0. Drawer C 
Mobile, Alabama 36601 

    

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Dear Mr. Arendall: 

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  This is in reply to your letter of December 30, i 

1975, in which you submitted to the Attorney General ft 

Act No. 823 (S. 138) of the 1965 Regular Session of 

the Alabama Legislature, pursuant to Section 3 of the 

Voting Rights Act of 1965. Your letter and the 

attached materials were received by this Department 

on January 2, 1976. 

We have considared the submitted changes and 

supporting materials as well as information and 

comments received from other interested parties. 

On the basis of our review and analysis, the Attorney 

General does not interpose any objection to the 

changes involved, except insofar as set out below. 

flowaver, we feel a responsibility to point out 

that Section 5 of the Voting Rights Act expressly 

provides that the failure of the Attorney General 

to object does not bar any subsequent judicial 

action to enjoin the enforcement of such changes. 

  

  

 



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With respect to the change contained in Section 2 
of Act 823, the assignment of specific administrative 
functions is a change from the prior system of collective 
responsibility of all three commissioners for all 
administrative functions and as such constitutes a change 
affecting voting within the meaning of Section 5 of the 
Voting Rights Act. We understand that the method of 
electing Commissioners both before and after Act No. $23 
contained at large, numbered posts, and majority vote 
requirement features. 

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According to 1970 Census data Mobile has a 
population which is over 35% black. We understand 
that this substantial minority population is concentrated 
mainly in one area of the City. In addition, Mobile has 
a history of racial discrimination in general and our 
information suggests that a pattern of racial bloc voting 
exists. 

Recent court decisions, to which we feel obligated 
to give great weight, suggest that an at large voting 
system in the context of such features as numbered posts 
and majority vote, has the potential for diluting the 
voting strength of cognizable racial minority groups. 
See Whitcomb v. Chavis, 4(3 U.S. 124 (1971); White v. 
Regester, 412 U.S. 755 (1973). We understand it to be 
the City's position that the change in Section 2 
assigning specific administrative functions to each 
commissioner locks the city into use of the at large 
system of electing those commissioners since it would 
not be appropriate to permit a particular area of the 
City (as under a ward system of election) to have the 
exclusive right to elect a commissioner who would be 
responsible for administering functions for the whole 
city, for example, public safety, 

  

  

   



5 

  
In view of this interpretation that Section 2 

rigidifies use of the at large system, incorporating 
as it does the numbered post and majority vote features, 
and in view of history of racial discrimination and 
evidence of racial bloc voting in Mobile, we are unable 
to conclude, as we must under the Voting Rights Act, 

that Section 2 of Act No. 323 will not have the effect 

of denying or abridging the right to vote on account 

of race or color. 

Likewise, we are umable to reach such a conclusion 

with respect to Section 12 of Act No. 823. That section 
provides that, upon acceptance in a referendum, the form 
of government for Mobile will be a mayor and seven 
member council, elected at large to numbered posts, 
While we understand that two referenda have been held 
unsuccessfully on the adoption of this form of govern- 
ment, we also understand that Section 12 is still extant 
and would be faplenentaile from the City's standpoint, 

f a 1 succes ss ful in the future. J pi
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ngth 

the use of such an at large system ® outa 
have in the context of Mobile, we similarly are unable 

to conclude that the change embodied in Section 12 will 
not have the proscribed effect. 

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Accordingly, I must, on behalf of the Attorney 
General interpose an objection to Sections 2Z and 12 
of Act No, 823. Of course, as provided by Section 5 
of the Voting Rights Act, you have the right to seek 

a declaratory judgment from the United States 
Court for the District of Columbia that Ehe : 
of this submission here objected to neithe: 

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purpose nor will have the effect of denying or 
abridging the right to vote on account of race. 
However, until and unless such a judgment is obtained, 
Sections 2 and 12 are legally unenforceable. 

Sincerely, 

J. Stanley Pottinger 
Assistant Attorney General 

Civil Rights Division 

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Title 28—Judicial Administration 

PART 51—PROCEDURES FOR THE AD- 
MINISTRATION OF SECTION 5 OF 
THE VOTING RIGHTS ACT OF 1965 

Subpart A— General Provisions 

Sec. 

51.1 Purpose. 

51.2 Definitions. 

51.3 Computation of time. 

51.4 Requirement of action for declaratory 

judgment or submission to Attorney 

General. 

Subpart B—Procedures for Submission to the 

Attorney General 

Form of submissions. 

Time of submissions. 
Premature submissions returned. 

Party responsible for submitting. 

Address for submissions. 

51.10 Contents of submissions. 
51.11 Request for notification concerning 

voting litigation, 

Subpart C—Communications From Individuals or 

Groups 

51.12 Communications concerning voting 

changes. 
51.13 Establishment and maintenance of 

registry of interested individuals 

and groups. . 

51.14 Communications concerning voting 

suits. hg 

51.15 Action on communications from in- 
dividuals or groups. 

Subpart D—Processing of Submissions 

51.16 Notice to registrants concerning sub- 

mission. 
51.17 Return of inappropriate submissions. 

51.18 Obtaining information regarding sub- 

missions. 

51.19 Standard for . decision concerning 

submissions. 
51.20 Notification of decision not to object. 

51.21 Notification of decision to object. 

51.22 Expedited consideration. 

51.23 Reconsideration on request. 

51.24 Decision after reconsideration. 

51.25 Withdrawal of objection. 

51.26 Records concerning submissions. 

Subpart E—Petition To Change Procedures 

51.27 Petitioning party. 

51.28 Form of petition. 

51.29 Disposition of petition. 

AuTHORITY: The provisions of this Part 51 

issued under sec. 5, 84 Stat. 315; 5 U.S.C. 301, 

28 U.S.C. 509, 510, 42 U.S.C. 1973c. 

Source: The provisions of this Part 51 con- 

tained in Order 467-71, 36 ¥.R. 181886, Sept. 10, 

1971, unless otherwise noted. 

Subpart A—General Provisions 

§ 51.1 Purpose. 

Section 5 of the Voting Rights Act of 
1965. 42 U.S.C. 1973¢c, prohibits the en- 
forcement in any jurisdiction covered by 

section 4(a) of the Act, 42 U.S.C. 1973 

of any voting qualification or prerequi- 

site to voting, or standard, practice, or 

procedure with respect to voting dif- 

ferent from that in force or effect on 

the date used to determine coverage, un- 

til the authority proposing enforcement 

either (1) obtains from the U.S. Dis- 

trict Court for the District of Columbia 

  

  

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Chapter I—Department of Justice $51.4 

a declaratory judgment that the plan 

does not have the purpose and will not 

have the effect of denying or abridging 

the right to vote on account of race or 

color, or (2) the plan has been submit- 

ted to the Attorney General and he has 

interposed no objection within a 60-day 

period following submission. In order 
to carry out his responsibilities under 

this section of the Voting Rights Act and 
to make clear his interpretation of the 
responsibilities imposed on other indi- 
viduals and entities thereunder, the pro- 
cedures in this part shall govern the ad- 

ministration of section 5. 

§ 51.2 Definitions. 

(a) The terms “vote’ and “voting” are 

used herein as defined in the Voting 
Rights Act of 1965, to include all action 
necessary to make a vote effective in any 
primary, special, or general election, in- 

cluding but not limited to, registration, 
listing pursuant to the Voting Rights 

Act of 1965, 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 candi- 

dates for public or party office and 
propositions for which votes are received 

in an election. 
(b) The term ‘‘change affecting vot- 

ing,” as used herein, shall mean any 
voting qualification, prerequisite to vot- 
ing, standard, practice, or procedure dif- 

ferent from that in force or effect on the 

date used to deteimine coverage by sec- 
t'on 4(a) (November 1, 1964 or November 
1. 1968, as the case may be) and shall 

include, but not be limited to. the exam- 

ples given in § 51.4(c). 
(¢c) The term ‘submission’ as used 

herein shall mean presentation to the 

Attorney General by an appropriate of- 
ficial of any change affecting voting and 

an explanation of the difference between 

the change and the existing law or prac- 

tice and such appropriate supporting ma- 

terials as are included to demonstrate 

that the voting qualification, prerequisite 

to voting, standard, practice, or proce- 

dure does not have the purpose and will 

iiot have the effect of denying or abridg- 

ine the right to vote on account of race 

or color. 

_ ub “Attorney General” shall mean 

the Attorney General of the United 

States or his delegate. 

ie) The term ‘submitting authority” 

shall inean the party responsible for sub- 

0 Ot fin 10 

mitting a voting change on behalf of a 
State or political subdivision under § 51.8 
or any other person or persons em- 
powered to represent or act on behalf of 

a State or political subdivision with re- 

spect to a submission under section 5. 

§ 51.3 Computation of time. 

(a) The Attorney General shall have 
60 days in which to interpose an objec- 

tion to a submitted change affecting 

voting. 
(b) The 60-day period shall commence 

upon receipt by the Department of 
Justice of a submission from an appro- 
priate official, which submission satisfies 
the requirements of § 51.10(a). Proce- 

dures for requesting additional material 

and for determining the commencement 

of the 60-day period when a submission is 

inadequate are described in § 51.18. 

(¢c) The 60-day period shall mean 60 

calendar days, provided that if the tinal 

day of the period should fall on a Satur- 

dav, Sunday, or national holiday 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. 
«dy When the Attorney General ob- 

jects to a submitted change affecting 
voting, and the submitting authority 
seeking reconsideration of the cbjec- 
tion brings additional information to the 

attention of the Attorney General, the 
Attorney General shall decide within 60 
davs of receipt of a request for recon- 

sideration (provided that he shall have 
at least 15 days following a conference 

held at the submitting authority’s re- 

quest) whether to withdraw or to con- 

tinue his objection. 

§ 51.1 Requirement of action for deeclan- 

atory judgment or submission to At- 

torney General. 

Section 5 requires that, prior to en- 

forcement of any chance affecting vot- 

ing, the State or political subdivision 

which has enacted or seeks to administer 

the change affecting voting must obtain 

either a judicial or an executive deter- 

mination that denial or abridgment of 

the right to vote on account of race or 

color is not the purpose and will not be 

the eTect of the change. It is illegal to 

enforce a change affecting voting with- 

out complying with section 5. The obligii- 

tion to obtain such judicial or executive 

137 

  

  

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§ 515 Title 28—Judicial Administration 

review is not relieved by illegal enforce- 

ment. 

The Attorney General may bring suit 

or take other appropriate action to pre- 

vent or redress any denial of the right 

to vote on account of race or color. See 

2 U0.8.C. 1973]. 
(a) All changes affecting voting, even 

though the change appears to be minor 

or indirect, to expand voting rights or to 
remove the elements which caused ob- 

jection by the Attorney General to a prior 

submission, must either be submitted to 
the Attorney General or be made the 

subject of an action for declaratory 

judgment in the U.S. District Court for 

the District of Columbia. 

(b) A submission to the Attorney Gen- 

eral does not affect the right of the sub- 

mitting authority to bring a suit in the 

U.S. District Court for the District of 

Columbia at any time, seeking a declara- 

tory judgment that the change affecting 

voting does not have a racially dis- 

criminatory purpose or effect. 
(¢c) Legislation and administrative 

actions constituting changes affecting 

voting covered by section 5 include, but 

are not limited to, the following 

examples: 
(1) Any change in qualifications or 

eligibility for voting; 
(2) Any change in procedures con- 

cerning registration, balloting, or in- 

forming or assisting citizens to register 

and vote; 
(3) Any change in the constituency 

of an official or the boundaries of a vot- 

ing unit (e.g., through redistricting, 

annexation, or reapportionment), the 

location of a polling place, change to at- 

large elections from district elections or 

to district elections from at-large elec- 

tions; 
(4) Any alteration affecting the eli- 

gibility of persons to become or remain 

candidates or obtain a position on the 
ballot in primary or general elections 

or to become or remain officeholders or 
affecting the necessity of or methods for 

offering issues and propositions for ap- 

proval by voting in an election; 

(5) Any change in the eligibility and 

qualification procedures for independent 

cs ndidates; 
(6) Any action extending or shorten- 

ing the term of an official or changing 

the method of selecting an official (e.g. 

a change from election to appointment) ; 

(7) Any alteration in methods of 

counting votes. 

Subpart B—Procedures for 

Submission to the Attorney General 

$51.5 Form of submissions. 

Submissions may be made in letter or 
any other written form, as long as the 
change affecting voting that is being sub- 

mitted is clearly set forth in compliance 

with § 51.10(a) and the name and title 
of the individual and the State or politi- 
cal subdivision which he represents are 

disclosed. Submissions should be made 

in duplicate. 

§ 51.6 Time of submissions. 

Changes affecting voting should be 

submitted as soon as possible after the 
enactment or administrative decision is 
made and are required by law to be sub- 

mitted prior to enforcement. 

851.7 Premature submissions returned. 

The Attornev General will return with- 

out decision on the merits any proposal 
for a change affecting voting which has 

been submitted prior to final enactment 
or final administrative decision. provided 
that regarding a change as to which ap- 

proval by referendum or by a court is 
required te... an amendment to a State 
constitution or a reapportionment plan), 

the Attorney General may consider and 
issue a decision concerning the change 
prior to the referendum or the action of 

the court if all other action necessary for 

adoption has been taken. 

8 51.8 Party responsibie for submitting. 

Changes affecting voting shall be sub- 
mitted bv the chief legal officer or other 

appropriate official of the State or politi- 
ral subdivision in which the change is 

proposed to be effective. When one or 

more counties within a State will be af- 
fected, the State may submit a change 

affecting voting on behalf of the covered 

county or counties. 

§ 531.9 Address for submissions. 

Changes affecting voting shall be de- 
livered or nailed to: Assistant Attorney 

General, Civil Rights Division, Depart- 
ment of Justice. Washington, D.C. 20530. 

The envelope and first page of any sub- 

mission shall be clearly marked: Sub- 

mission under section 5, Voting Rights 

Act. 

§ 31.10 Contents of submissions, 

(a) Each sukmission shall include: 

(1) A copy of any legislative or ad- 

ministrative enactment or order embody- 

138 

  

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Chapter |—Department of Justice § 51.10 

ing a change affecting voting, certified by 

an appropriate officer of the submitting 

authority to be a true copy. 
(2) The date of final adoption of the 

change affecting voting. 

(3) Identification of the authority re- 

sponsible for the change and the mode of 

de~ision te.g.. act of State legislature, 

ordinance of city council, redistricting by 

election officials). 
(4) An explanation of the difference 

between the submitted change affecting 

voting and the existing law or practice, 

or explanatory materials adequate to 

disclose to the Attorney General the 

difference between the existing and pro- 

posed situation with respect to voting. 

When the change will affect less than 

the whole State or subdivision, such ex- 

planation should include a description 

of which subdivisions or parts thereof 

will be affected and how each will be 

affected. 

(5) A statement certifying that the 

change affecting voting has not yet been 

enforced or administered, or an expla- 

nation of why such a statement cannot 

be made. 
(8) With respect to redistricting, an- 

nexation, and other complex changes, 

other information which the Attorney 

General determines is required to enable 

him to evaluate the purpose or effect of 

the chance. Such other information may 

include items listed under paragraph (b) 

of this section. When such other infor- 

mation is required, the Attorney General 

shall notify the submitting authority in 

the manner provded in § 51.18(a). 

(b) In addition to the requirements 

listed in paragraph (a) of this section, 

each submission may include appro- 

priate supporting materials to assist the 

Attorney General in his consideration. 

The Attorney General strongly urges the 

submitting authority to include the fol- 

lowing information insofar as it is avail- 

able and relevant to the specific change 

submitted for consideration: 

(1) A statement of the reasons for the 

change affecting voting, 

(2) A statement of the anticipated 

effect of the change affecting voting. 

(3) A statement identifying any past 

or pending litigation concerning the 
change affecting voting or related prior 

voting practices. 
(4) A copy of any other changes in 

law or administration relating to the 

subject matter of the submitted change 

affecting voting which have been put into 

effect since the time when coverage 

under section 4 of the Voting Rights Act 
bezan and the reasons for such prior 

changes. If such changes have already 
been submitted the submitting author- 

ity may refer to the date of prior sub- 

mission and identify the previously sub- 

mitted changes. 
(5) Where any change is made that 

revises the constituency which elects any 

office or affects the boundaries of any 
geographic unit or units defined or em- 
ployed for voting purposes (e.g., redis- 
tricting, annexation, change from dis- 

trict to at-larze elections) or changes 

the location of a polling place or place of 
registration, a map of the area to be 

affected showing the following: 
(i) The existing boundaries of the 

voting unit or units sought to be changed. 
(ii) The boundaries of the voting unit 

or units sought by the change. 
(iii) Any other changes in the voting 

unit boundaries or in the geographical 
makeup of the constituency since the 
time that coverage under section 4 began. 
If such changes have already been sub- 

mitted the submitting authority may 
refer to the date of the prior submission 
and identify the previously submitted 

changes. 
(iv) Populaticn distribution by race 

within the existing units. 
(v) Population distribution by race 

within the proposed units. 
(vi) Any natural boundaries or geo- 

graphical features which influenced the 
selection of boundaries of any unit de- 

fined or proposed for the new voting 

units. 
(vii) Location of poliing places. 
(6) Population information: (i) Pop- 

ulation before and after the change, by 
race, of the area or areas to be affected 
by the change. If such information is 
contained in the publications of the U.S. 
Bureau of the Census, a statement to 

that effect may be included. 

(ii) Voting-age population and the 

number of registered voters before and 

after the change, by race, for the area to 

be affected by the change. If such infor- 

mation is contained in the publications 

of the U.S. Bureau of the Census, a state- 

ment to that effect may be included. 

(iii) Copies of any population esti- 

mates, by race, made in connection with 

adoption of the proposed change, prepa- 

ration of the submission or in support 

thereof and the basis for such estimates. 

(iv) Where a particular office or par- 

ticular offices are involved, a history of 

139 

  

  

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§ 51.11 Title 28—Judicial Administration 

the number of candidates, by race, who 
have run for such office in the last two 

elections and the results of such 
elections. 

(7) Evidence of public notice or op- 

portunity for the public to be heard. In 
examining submissions, consideration 
may be given, where appropriate, to evi- 

dence of public notice and opportunity 
for interested parties to participate in the 

decision to adopt or implement the pro- 
posed change and to indications that 
such participation in fact took place, or 
to evidence of notice to the public that a 
submission has been made soliciting com- 

ment by the public to the Department of 
Justice. Examples of materials demon- 
strating public notice or participation 
include: 

(i) Copies of newspaper articles dis- 
cussing the proposed change. 

(ii) Copies of public notices (and 
statements regarding where they ap- 
peared, e.g., newspaper, radio, or televi- 

sion, posted in public buildings, sent to 
identified individuals or groups) which 

describe the proposed change and invite 
public comment or participation in hear- 

ings, or which announce submission to 

the Attorney General and invite com- 
ments for his consideration. 

(iii) Minutes or accounts of pub- 
lic hearings concerning the proposed 
changes. 

(iv) Statements, speeches, and other 
public communications concerning the 
proposed changes. 

(v) Copies of comments from the gen- 
eral public. 

(vi) Excerpts from legislative journals 

containing discussion of a submitted en- 
actment, or other materials revealing its 
legislative purpose. 

(8) Where information requested here- 
in is relevant but not known and not 
believed to be available, submissions 
should so state. 

(9) Where information furnished re- 
flects an estimation. submissions should 
identify the individual and state his 

qualifizations to make the estimate. 

(10) Submissions should identify in 

general the source of any information 

they supply. 

(11) When a submitting authority de- 

sires the Attorney General to consider 

any information which has been supplied 

in connection with an earlier submission. 

incorporation by reference may ke ac- 

complished by stating the date and sub- 

ject matter of the earlier submission and 

140 

identifying the relevant information 
therein. 

§ 31.11 Request for notification cone 
cerning voting litigation. 

When a State or political subdivision 

subject to section 5 becomes involved 
in any litigation concerning voting, it is 

requested that prompt notification be 
sent to the Assistant Attorney General. 
Civil Rights Division, Department of Jus- 
tice, Washington, D.C. 20530. Such noti- 
fication will not be considered to be a 
submission under section 5. 

Subpart C—Communications From 
Individuals or Groups 

§ 51.12 Communications concerning vol- 
ing changes. 

Any individual or group may send to 
the Attorney General information con- 
cerning a change affecting voting in an 
area to which section 5 of the Voting 
Rizhts Act applies. 

fa) Communication may be in the 

form of a letter stating the name and 
address of the individual or group, de- 
scribing the alleged change affecting vot- 

ing and setting forth evidence regarding 
whether the change has or does not have 

a discriminatory purpose or effect or sim - 
ply stating a desire that the change be 
called to the attention of the Attorney 

General. Two copies of each communica- 
ticn should be mailed to the Assistant 
Attorney General, Civil Rights Division. 
Department of Justice, Washington, D.C. 
20530. The envelope and the first page 
of each communication should be 

marked: Comment, section 5, Voting 
Riznhts Act. 

‘b) Comments by individuals or groups 

concerning any change affecting voting 

may be submitted at any time; however, 

they should be submitted as soon as pos- 

sible after the change affecting voting is 

brought to the attention of the individual 

or group. 

¢) Department of Justice officials and 

mployees shall comply with the request 

ol any individual that his identity not 

be disclosed to any person outside the 

Department. In addition, whenever it 

appears to the Attorney General that 

disclosure of the identity of an individual 

who provided information regarding a 

change affecting voting could jeopardize 

the personal safety, employment, or eco- 

nomic standing of the individual. the 

identity of the individual shall not be 

  

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disclosed to any person outside the De- 

partment of Justice. 
td) When an individual or group de- 

sires the Attorney General to consider 
information which has been supplied in 

connection with an eariier submission, 
incornoration by reference may be ac- 
complishea by identifying the earlier 

submission by date and subject matter 
and identifying the relevant information 

or related communuication. 

$51.13 Establishment and maintenance 
of registry of interested individuals 
and groups. 

The Attorney General shall establish 

and maintain a Registry of Interested 
Individuals and Groups. Such registry 

shall contain the name, address, and 
telephone number of any individual or 
aroup that requests inclusion therein for 

purposes of receiving notice of section 5 
submissions. Each registrant shall specify 

the area of areas with respect to which 
notification is requested. 

§ 51.11 Communications concerning vot- 
ing suits. 

Individuals and groups are urged to 
notify the Assistant Attorney General, 

Civil Rights Division, of litigation con - 

cerning voting in areas subject to sec- 

tion 5. 

§ 51.15 Action on communications from 
individuals or groups. 

ta) If the person or entity responsible 
ior submitting the change affecting vot- 

ing has submitted the change to the At- 
torney General, any evidence from indi- 

viduals or groups shall be considered 

along with the materials submitted and 
materials resulting from any investiga- 

tion. 
(b) If no submission (as defined in 

§ 51.2(¢)) has been made, the Attorney 

General shall advise the person or entity 

responsible for the alleged change of the 

duty to seek a declaratory judgment or 
to make a submission to the Attorney 
General beforc enforcement. 

(¢) Where no submission has been 

made and no declaratory judgment has 
been sought and a change affecting vot- 

ing is enforced or is about to be en- 
forced in a covered jurisdiction, the At- 

torney Genersl may bring suit or take 

other appropriate action to enforce com- 

plianice with section 5 and to prevent or 

redress any denial or ahridgment of the 

right to vote on account of race or color. 

See 42 U.S.C. 1973]. 

Subpart D—Processing of 
Submissions 

§ 51.16 Notice to registrants concerning 
submission. 

When the Attorney General receives 
a section 5 submission. proaipt notice 
thereof shall be given to the individuals 

and groups who have registered for this 
purpose in accordance with § 51.13. Such 

notice shall Le sent to each such regis- 
trant who has requested notification con- 

cerning the area or areas affected by the 

submitted change. 

§ 51.17 Return of inappropriate sub- 
missions. 

The cnly changes authorized by sec- 

tion 5 to be submitted to and passed upon 
by the Attorney General are those affect- 
ing voting rights. The Attorney General 
shall therefore examine and make a 
response on the merits to only those sub- 
missions affecting voting. All others shall 

be returned to the submitting party with- 
out comment on their merits. 

§ 51.18 Obtaining information regard- 
ing submissions. 

(a) If the submission does not satisfy 

the requirements of § 51.10(a), the At- 
torney General shall request such fur- 

ther information as is necessary from the 
submitting authority and advise the sub- 
mitting authority that the 60-day period 
will not commence until such informa- 
tion is received by the Department of 
Justice. The request shall be made as 
promptly as possible after receipt of the 

original inadequate submission. 
(b) After receipt of a submission which 

satisfies the requirements of §51.10(a), 

the Attorney General may at any time 

during the 60-day period: 
(1) Request additional information 

from the submitting authority, 

(2) Request information from other 

local authorities or interested individuals 

or groups, 

(3) Conduct such investigation or in- 

quiry as he deems appropriate. 

tc) If the submission does not contain 

adequate evidence of notice to the public, 

and the Attorney General believes that 

racial purpose or effect is possible, he may 

take steps to provide public notice suffi- 

cient to invite interested citizens to pro- 

vide evidence as to the presence or ab- 

sence of racially discriminatory purpose 

or effect. The authority responsible for 

the submission shall be advised when any 

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such steps are taken by the Attorney 
General. 

§ 51.19 Swandard for decision concern- 
ing submissions. 

Section 5, in providing for submission 
to the Attorney General as an alterna- 

tive to seeking a declaratory judgment 
from the U.S. District Court for the Dis- 

trict of Columbia, imposes on the Attor- 
ney General what is essentially a judicial 
function. Therefore, the burden of proof 

on the submitting authority is the same 
in submitting changes to the Attorney 

General as it would be in submitting 
changes to the District Court for the 
District of Columbia. The Attorney Gen- 
eral shall base his decision on a review of 
material presented by the submitting 

authority, relevant information pro- 
vided by individuals or groups, and the 

results of any investigation conducted 
by the Department of Justice. If the 
Attorney General is satisfied that the 

submitted change does not have a ra- 

cially discriminatory purpose or effect, 
ne will not object to the change and will 

so notify the submitting authority. If the 
Attorney General determines that the 
submitted change has a racially discrim- 
inatory purpose or effect, he will enter an 

objection and will so notify the submit- 
ting authority. If the evidence as to the 
purpose or effect of the change is con- 

flicting, and the Attorney General is un- 

able to resolve the conflict within the 

60-day period, he shall, consistent with 

the above-described burden of proof ap- 

plicable in the District Court, enter an 

objection and so notify the submitting 

authority. 

§ 51.20 Notification of decision not to 
object. 

(a) If the Attorney General decides 

to interpose no objection to a submitted 

change affecting voting. the submitting 

authority shall be notified to that effect. 

(tb) The notification shall state that 

the failure of the Attorney General to 

object does not bar subsequent litigation 

to enjoin enforcement of the change. 

(c) A copy of the notification shali be 

sent to any party who has commented on 

the submission or has requested notice 

of the Attorney General's action thereon. 

§ 51.21 Notification of decision to object. 

(a) When the Attorney General de- 

cides to interpose an objection, the sub- 

mitting authority shall be notified with- 

in the 60-day period allowed. The reasons 
for the decision shall be stated. 

(b) The submitting authority shall be 
advised that the Attorney General will 
reconsider his objection upon a request 
by the submitting authority within 10 

days of such objection, for an opportu- 
nity to present further substantiating or 
explanatory information which was not 
previously available to the submitting 

authority. In appropriate cases, the At- 
torney General may request that local 
public notice of the request for recon- 
sideration be given by the submitting 

authority. 
(¢) The submitting authority shall be 

advised further that it may request a con- 

ference with a representative of the De- 
partment of Justice to reconsider an 
objection when such new information 
has become available. 

(d)» A copy of the notification shall be 

sent to any zarty that has commented on 
the submission or has requested notice of 
the Attorney General's action thereon. 

§ 51.22 Expedited consideration. 

When a submitting authority demon- 
strates good cause for special expedited 
consideration to permit enforcement of a 
change affecting voting within the 60- 
day period following submission (good 

cause will, in general, only be found to 
exist with respect to changes made neces- 
Sary by circumstances beyond the con- 
trol of the enacting or submitting au- 
thorities), the Attorney General may 
consider the submission on an expedited 
basis. Prompt notice of the request for 

expedited consideration will be given to 
interested parties registered in accord- 

ance with § 51.13. When a decision not to 

object is made within the 60-day period 
foliowing receipt of a submission which 

satisfies the requirements of § 51.10(a), 
the Attorney General may reexamine the 
submission if additional information 

comes to his attention during the re- 
mainder of the 60-day period which 
would require objection in accordance 
with § 51.19. 

§ 51.23 Reconsideration on request. 

(a) If a submitting authority requests 
a conference to produce information not 

previously available to it in support of 

reconsideration of an objection by the 

ttorney General, a meeting shall be held 

at a location determined by the Attorney 

General. 

(b) When a submitting authority re- 
quests that a conference be held concern- 

142 

  

  

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unapter |—Department of Justice 

ing a change affecting voting to which 
the Attorney General has objected, indi- 

viduals or groups that commented on 
the change prior to the Attorney Gen- 
eral’s objection or that seek to partici- 

pate in response to any public or other 
notice of a request for reconsideration 

shall be notified and given the opportu- 
nity to confer. 

(¢c) Such a conference shall be con- 
ducted by the Assistant Attorney Gen- 
eral, Civil Rights Division, or his designee 
in an informal manner. Those present 

will be permitted to present facts in sup- 
port of their positions. 

id» The Assistant Attorney General or 
the person he has designated to conduct 
the conference may, in his discretion; 
choose to hold separate meetings to con- 

fer with the submitting authority and 
interested groups or individuals. 

$21.21% 

An objection shall be withdrawn if the 
submitting authority can produce infor- 
mation not previously available to it 
which satisfies the Attorney General 

that the change does not have a racially 
discriminatory purpose or effect. The At- 
torney General shall notify the submit- 
ting authority within 60 days of the 
request for reconsideration (provided 
that the Attorney General shall have at 

least 15 days following any conference 
that is held in which to decide) of his 
decision to continue or withdraw an ob- 
jection, giving the reasons for his de- 
cision. A copy of the notification shall be 
sent to any party that has commented on 
the submission or has requested notice of 
the Attorney General's action thereon. 

$531.25 

Where there has been a substantial 
change in fact or law, the Attorney 
General may, if he deems it appropriate, 
withdraw an objecticn on his own motion 
if he determines that the objection is not 
in accord with the standard for decision 
in § 51.19. Notification of the withdrawal 

of an objection shall be sent to the sub- 

mitting authority and to any party that 

commented on the submission or has re- 

quested notice of the Attorney General’s 

action thereon. . 

§ 51.26 Records concerning submissions. 

(a) Section 5 files: The Attorney Gen- 

eral shall maintain a section 5 file for 

each submission, containing the submis- 

sion, related written materials, cor- 

respondence, notations concerning con- 

Decision aficr reconsideration. 

Withdrawal of objection. 

§ 51.29 

ferences with the submitting authority 

or any interested individual or group and 
a copy of anv letters from the Attorney 
General concerning his decision whether 

to object to a submission. Communica- 
tions from individuals who have re- 

quested confidentiality or with respect to 
whom the Attorney General has deter- 
mined thai confiden.uiality is appropri- 
ate under { 51.12(¢) shall not be included 
in the section 5 file. Investigative reports 
and internal memoranda shall not be in- 
cluded in the section 5 file. 

tb) Chronological file: Brief sum- 
marics regarding each submission and 

the Department of Justice investigation 
and decision conce.ning it will be pre- 
pared when the decision whether to in- 

terpose an objection has been made. A 
chronological file of these summaries. 

arranged by the date upon which such 
decision is made. will be maintained. 

ict The contents of the above-de- 
scribed section 5 and chronological files 
will be available for inspection and copy- 

ing by the public during normal busi- 
ness hours at the Civil Rights Division. 

Department of Justice. Washington, D.C. 

Consistent with the Department of Jus- 

tice regulation implementing the Public 

Informaticn Section of the Administra- 

tive Procedure Act, 28 CFR 16.4, the 

fees for copying the contents of these fles 

will be 50 cents for the first page and 

25 cents for each additional page. 

«d* The Attorney General may, at his 

dizcretion, call to the attention of the 

submitting authority or an interested in- 

dividual or group information or com- 

nents related to a submission. 

Subpart E—Petition To Change 
Procedures 

§ 51.27 Petitioning party. 

Any interested individual or group may 

petition to have these procedures 

amended by new provisions. 

§51.28 

A petition under this subpart may be 

made by informal letter and shall state 

th= name and address of the petitioner, 

the change requested and the reasons 

for requesting the change. 

§51.29 

The Attorney General will consider a 

petition under this section and make a 

disposition thereof. Prompt notice, ac- 

companied br a simple statement of the 

Form of petition. 

Disposition of petition. 

143   

  

  

  

   



 
 

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