Title 28: Judicial Administration
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PART 51—PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED
Section Contents
Subpart A—General Provisions
§ 51.1 Purpose.
§ 51.2 Definitions.
§ 51.3 Delegation of authority.
§ 51.4 Date used to determine coverage; list of covered jurisdictions.
§ 51.5 Termination of coverage (bailout).
§ 51.6 Political subunits.
§ 51.7 Political parties.
§ 51.8 Section 3 coverage.
§ 51.9 Computation of time.
§ 51.10 Requirement of action for declaratory judgment or submission to the Attorney General.
§ 51.11 Right to bring suit.
§ 51.12 Scope of requirement.
§ 51.13 Examples of changes.
§ 51.14 Recurrent practices.
§ 51.15 Enabling legislation and contingent or nonuniform requirements.
§ 51.16 Distinction between changes in procedure and changes in substance.
§ 51.17 Special elections.
§ 51.18 Court-ordered changes.
§ 51.19 Request for notification concerning voting litigation.
Subpart B—Procedures for Submission to the Attorney General
§ 51.20 Form of submissions.
§ 51.21 Time of submissions.
§ 51.22 Premature submissions.
§ 51.23 Party and jurisdiction responsible for making submissions.
§ 51.24 Address for submissions.
§ 51.25 Withdrawal of submissions.
Subpart C—Contents of Submissions
§ 51.26 General.
§ 51.27 Required contents.
§ 51.28 Supplemental contents.
Subpart D—Communications From Individuals and Groups
§ 51.29 Communications concerning voting changes.
§ 51.30 Action on communications from individuals or groups.
§ 51.31 Communications concerning voting suits.
§ 51.32 Establishment and maintenance of registry of interested individuals and groups.
Subpart E—Processing of Submissions
§ 51.33 Notice to registrants concerning 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 Notification 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 Request for reconsideration.
§ 51.46 Reconsideration 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—Determinations by the Attorney General
§ 51.51 Purpose of the subpart.
§ 51.52 Basic standard.
§ 51.53 Information considered.
§ 51.54 Discriminatory effect.
§ 51.55 Consistency with constitutional and statutory requirements.
§ 51.56 Guidance from the courts.
§ 51.57 Relevant factors.
§ 51.58 Representation.
§ 51.59 Redistrictings.
§ 51.60 Changes in electoral systems.
§ 51.61 Annexations.
Subpart G—Sanctions
§ 51.62 Enforcement by the Attorney General.
§ 51.63 Enforcement by private parties.
§ 51.64 Bar to termination of coverage (bailout).
Subpart H—Petition To Change Procedures
§ 51.65 Who may petition.
§ 51.66 Form of petition.
§ 51.67 Disposition of petition.
Appendix to Part 51—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.
Source: 52 FR 490, Jan. 6, 1987, unless otherwise noted.
Subpart A—General Provisions
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§ 51.1 Purpose.
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(a) 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. 1973b(b), of any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on the date used to determine coverage, until either:
(1) A declaratory judgment is obtained from the U.S. District Court for the District of Columbia that such qualification, prerequisite, standard, practice, or procedure 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.
(b) 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 Definitions.
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As used in this part—
Act means the Voting Rights Act of 1965, 79 Stat. 437, as amended by the Civil Rights Act of 1968, 82 Stat. 73, the Voting Rights Act Amendments of 1970, 84 Stat. 314, the District of Columbia Delegate Act, 84 Stat. 853, the Voting Rights Act Amendments of 1975, 89 Stat. 400, 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 sections of the Act.
Attorney General means the Attorney General of the United States or the delegate of the Attorney General.
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.
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.
Language minorities 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.
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)).
Preclearance is used to refer to the obtaining of the declaratory judgment described in section 5, to the failure of the Attorney General to interpose an objection pursuant to section 5, or to the withdrawal of an objection by the Attorney General pursuant to §51.48(b).
Submission is used to refer to the written presentation to the Attorney General by an appropriate official of any change affecting voting.
Submitting authority means the jurisdiction on whose behalf a submission is made.
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, listing 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)).
§ 51.3 Delegation of authority.
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The responsibility and authority for determinations under section 5 have been delegated by the Attorney General to the Assistant Attorney General, Civil Rights Division. With the exception of objections and decisions following the reconsideration of objections, the Chief of the Voting Section is authorized to act on behalf of the Assistant Attorney General.
§ 51.4 Date used to determine coverage; list of covered jurisdictions.
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(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).
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A covered jurisdiction or a political subdivision of a covered State may terminate the application of section 5 (or bail out) by obtaining the declaratory judgment described in section 4(a) of the Act.
§ 51.6 Political subunits.
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All political subunits within a covered jurisdiction (e.g., counties, cities, school districts) are subject to the requirement of section 5.
§ 51.7 Political parties.
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Certain activities of political parties are subject to the preclearance requirement of section 5. A change affecting voting effected by a political party is subject to the preclearance requirement:
(a) If the change relates to a public electoral function of the party and
(b) If the party is acting under authority explicitly or implicitly granted by a covered jurisdiction or political subunit subject to the preclearance requirement of section 5.
For example, changes with respect to the recruitment of party members, the conduct of political campaigns, and the drafting of party platforms are not subject to the preclearance requirement. Changes with respect to the conduct of primary elections at which party nominees, delegates to party conventions, or party officials are chosen are subject to the preclearance requirement of section 5. Where appropriate the term “jurisdiction” (but not “covered jurisdiction”) includes political parties.
§ 51.8 Section 3 coverage.
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Under section 3(c) of the Act, a court in voting rights litigation can order as relief that a jurisdiction not subject to the preclearance requirement of 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.
§ 51.9 Computation of time.
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(a) The Attorney General 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 receipt by the Department of Justice of a submission.
(c) The 60-day period shall mean 60 calendar days, with the day of receipt of the submission not counted. If the final day of the period should fall on a Saturday, Sunday, 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 the 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.
§ 51.10 Requirement of action for declaratory judgment or submission to the Attorney General.
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Section 5 requires that, prior to enforcement of any change affecting voting, the jurisdiction that has enacted or seeks to administer the change must either:
(a) Obtain a judicial determination from the U.S. District Court for the District of Columbia that denial or abridgment of the right to vote on 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
(b) Make to the Attorney General a proper submission of the change to which no objection is interposed.
It is unlawful to enforce a change affecting voting without obtaining preclearance under section 5. The obligation to obtain such preclearance is not relieved by unlawful enforcement.
[52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23, 1987]
§ 51.11 Right to bring suit.
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Submission to the Attorney General does not affect the right of the submitting 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 Scope of requirement.
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Any change affecting voting, even though it appears to be minor or indirect, returns to a prior practice or procedure, ostensibly expands voting rights, or 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 Examples of changes.
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Changes affecting voting include, but are not limited to, the following examples:
(a) Any change in qualifications or eligibility for voting.
(b) Any change concerning 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 places.
(e) Any change in the constituency of an official or the boundaries of a voting unit (e.g., through redistricting, annexation, deannexation, incorporation, reapportionment, changing to at-large elections from district elections, or changing to district elections from at-large elections).
(f) Any change in the method of determining the outcome of an election (e.g., by requiring a majority vote for election or the use of a designated post or place system).
(g) Any change affecting the eligibility of persons to become or remain candidates, to obtain a position on the ballot in primary or general elections, or to become or remain holders of elective offices.
(h) Any change 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 propositions for approval by referendum.
(k) Any change affecting the right or ability of persons to participate in political campaigns which is effected by a jurisdiction subject to the requirement of section 5.
§ 51.14 Recurrent practices.
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Where a jurisdiction implements a practice or procedure periodically or upon certain established contingencies, a change occurs:
(a) The first time such a practice or procedure is implemented by the jurisdiction,
(b) When the manner in which such a practice or procedure is implemented by the jurisdiction is changed, or
(c) When the rules for determining when such a practice or procedure will be implemented are changed.
The failure of the Attorney General to object to a recurrent practice or procedure constitutes preclearance of the future 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 Enabling legislation and contingent or nonuniform requirements.
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(a) With respect to legislation (1) that enables or permits the State or its political subunits to institute a voting change or (2) that requires or enables the State or its political sub-units to institute a voting change upon some future event or if they satisfy certain criteria, the failure of the Attorney General to interpose an objection does not exempt from the preclearance requirement the implementation of the particular voting change that is enabled, permitted, or required, unless that implementation is explicitly included and described in the submission of such parent legislation.
(b) For example, such legislation includes—
(1) Legislation authorizing counties, cities, school districts, or agencies or officials of the State to institute any of the changes described in §51.13,
(2) Legislation requiring a political subunit that chooses a certain form of government to follow specified election procedures,
(3) Legislation requiring or authorizing political subunits of a certain size or a certain location to institute specified changes,
(4) Legislation requiring a political subunit to follow certain practices or procedures unless the subunit's charter or ordinances specify to the contrary.
§ 51.16 Distinction between changes in procedure and changes in substance.
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The failure of the Attorney General to interpose an objection to a procedure for instituting a change affecting voting does not exempt the substantive change 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 not exempt an annexation accomplished under the new procedure from the preclearance requirement.
§ 51.17 Special elections.
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(a) The conduct of a special election (e.g., an election to fill a vacancy; an initiative, 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) Any discretionary setting of the date for a special election or scheduling of events leading up to or following a special election is subject to the preclearance requirement.
(c) A jurisdiction conducting a referendum election to ratify a change in a practice or procedure that affects voting may submit the change to be voted on at the same time that it submits any changes involved in the conduct of the referendum election. A jurisdiction wishing to receive preclearance for the change to be ratified should state clearly that such preclearance is being requested. See §51.22 of this part.
§ 51.18 Court-ordered changes.
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(a) In general. Changes affecting voting that are ordered by a Federal court are subject to the preclearance requirement of section 5 to the extent that they reflect the policy choices of the submitting authority.
(b) Subsequent changes. Where a court-ordered change is not itself subject to the preclearance requirement, subsequent changes necessitated by the court order but decided upon by the jurisdiction remain subject to preclearance. For example, voting precinct and polling place changes made necessary by a court-ordered redistricting plan are subject to section 5 review.
(c) In emergencies. A Federal court's authorization of the emergency interim use without preclearance of a voting change does not exempt from section 5 review any use of the practice not explicitly authorized by the court.
§ 51.19 Request for notification concerning voting litigation.
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A jurisdiction subject to the preclearance requirement of section 5 that becomes involved in any litigation concerning voting is requested promptly to notify the Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128, Washington, DC 20035–6128. Such notification will not be considered a submission under section 5.
[52 FR 490, Jan. 6, 1987, as amended by Order 1214–87, 52 FR 33409, Sept. 3, 1987]
Subpart B—Procedures for Submission to the Attorney General
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§ 51.20 Form of submissions.
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(a) Submissions may be made in letter or any other written form.
(b) The Attorney General will accept certain machine readable data in the following forms of magnetic media: 31/2&inch; 1.4 megabyte MS-DOS formatted diskettes; 51/4&inch; 1.2 megabyte MS-DOS formatted floppy disks; nine-track tape (1600/6250 BPI). Unless requested by the Attorney General, data provided on magnetic media need not be provided in hard copy.
(c) All magnetic media shall be clearly labeled with the following information:
(1) Submitting authority.
(2) Name, address, title, and telephone number of contact person.
(3) Date of submission cover letter.
(4) Statement identifying the voting change(s) involved in the submission.
The label shall be affixed to each magnetic medium, and the information included on the label shall also be contained in a documentation file on the magnetic medium. If the information identified above is provided as a disk operating system (DOS) file, it shall be formatted in a standard American Standard Code for Information Interchange (ASCII) character code, with a line feed or carriage return control character starting in position 80. If the information identified above is provided other than as DOS files, it shall be formatted as ASCII text (or Extended Binary Coded Decimal Interchange Code (EBCDIC) if IBM standard labels are used), 80 byte fixed record length, blocked in a multiple of 80 with a blocksize no larger than 32 kilobytes, and with no carriage return or line feed.
(d) Each magnetic medium (floppy disk or tape) provided must be accompanied by a printed description of its contents, including an identification by name and/or location of each data file that is contained on the medium, a detailed record layout for each such file, a record count for each such file, and a full description of the magnetic medium format.
(e) All data files shall be provided in a fixed record-length format using alphanumeric ASCII values. The first 50 records of each such file shall be printed on hard copy and shall be attached to the printed description of the file. Proprietary and/or commercial software system data files (e.g. SAS, SPSS, dBase, Lotus 1–2–3) and data files containing compressed data or binary data fields will not be accepted. Nine-track tapes shall be clearly marked with printed labels to indicate their density, and manner of labeling (ANSI, IBM, or unlabelled). The printed label shall also include the record count, the record length, the blocksize, the dataset name (DSN) if it is a labeled tape, and the file number of each file on the tape.
[52 FR 490, Jan. 6, 1987, as amended by Order No. 1536–91, 56 FR 51836, Oct. 16, 1991]
§ 51.21 Time of submissions.
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Changes affecting voting should be submitted as soon as possible after they become final.
§ 51.22 Premature submissions.
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The Attorney General will not consider on the merits:
(a) Any proposal for a change affecting voting submitted 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 section 5 preclearance.
However, with respect to a change for which approval 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 responsible for making submissions.
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(a) Changes affecting voting 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.
(b) A change effected by a political party (see §51.7) may be submitted by an appropriate official of the political party.
§ 51.24 Address for submissions.
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(a) Delivery by U.S. Postal Service. Submissions sent to the Attorney General via the U.S. Postal Service shall be addressed to the Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128, Washington, DC 20035–6128.
(b) Delivery by other means. Submissions sent to the Attorney General by carriers other than the U.S. Postal Service should be addressed or may be delivered to the Chief, Voting Section, Civil Rights Division, Department of Justice, 320 First Street, NW., room 818A, Washington, DC 20001.
(c) Special marking. The envelope and first page of the submission shall be clearly marked: Submission under section 5 of the Voting Rights Act.
[Order 1214–87, 52 FR 33409, Sept. 3, 1987, as amended by Order No. 1793–93, 58 FR 51225, Oct. 1, 1993]
§ 51.25 Withdrawal of submissions.
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(a) A jurisdiction may withdraw a submission at any time prior to a final decision by the Attorney General. Notice of the withdrawal of a submission must be made in writing, addressed to the Chief, Voting Section, as specified in §51.24 of this part. The submission shall be deemed withdrawn upon receipt of the notice.
(b) Notice of withdrawals will be given to interested parties registered under §51.32.
[52 FR 490, Jan. 6, 1987, as amended by Order 1214–87, 52 FR 33409, Sept. 3, 1987]
Subpart C—Contents of Submissions
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§ 51.26 General.
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(a) The source of any information contained in a submission should be identified.
(b) Where an estimate is provided in lieu of more reliable statistics, the 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 presentation of the appropriate information and materials.
(d) The Attorney General will not accept for review any submission that fails to describe the subject change in sufficient particularity to satisfy the minimum requirements of §51.27(c).
(e) A submitting authority that desires the Attorney General to consider any information 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.
(f) Where information requested by this subpart is relevant but not known or available, or is not applicable, the submission should so state.
(g) The following Office of Management and Budget control number under the Paperwork Reduction Act applies to the collection of information requirements contained in these Procedures: OMB No. 1190–0001 (expires February 28, 1994). See 5 CFR 1320.13.
[52 FR 490, Jan. 6, 1987, as amended by Order No. 1284–88, 53 FR 25327, July 6, 1988; Order No. 1498–91, 56 FR 26032, June 6, 1991]
§ 51.27 Required contents.
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Each submission should contain the following information or documents to enable the Attorney General to make the required determination pursuant to section 5 with respect to the submitted change affecting voting:
(a) A copy of any ordinance, enactment, order, or regulation embodying a change affecting voting.
(b) A copy of any ordinance, enactment, order, or regulation embodying the voting practice that is proposed to be repealed, amended, or otherwise changed.
(c) If the change affecting voting either is not readily apparent on the face of the documents provided under paragraphs (a) and (b) of this section 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.
(d) The name, title, address, and telephone number of the person making the submission.
(e) The name of the submitting authority and the name of the jurisdiction responsible for the change, if different.
(f) If the submission is not from a State or county, the name of the county and State in which the submitting authority is located.
(g) Identification of the person or body responsible for making the change and the mode of decision (e.g., act of State legislature, ordinance of city council, administrative decision by registrar).
(h) A statement identifying the 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.
(i) The date of adoption of the change affecting voting.
(j) The date on which the change is to take effect.
(k) A statement that the change has not yet been enforced or administered, or an explanation of why such a statement cannot be made.
(l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change.
(m) A statement of the reasons for the change.
(n) A statement of the anticipated effect of the change on members of racial or language minority groups.
(o) A statement identifying any past or pending litigation concerning the change or related voting practices.
(p) A statement that the prior 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 statements cannot be made.
(q) For redistrictings and annexations: the items listed under §51.28 (a)(1) and (b)(1); for annexations only: the items listed under §51.28(c)(3).
(r) Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Such information may include items listed in §51.28 and is most likely to be needed with respect to redistrictings, annexations, and other complex changes. In the interest of time such information should be 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.
§ 51.28 Supplemental contents.
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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 number of registered voters for the affected area by voting precinct before and after the change, by race and language group.
(3) Any estimates of population, by race and language group, made in connection with the adoption of the change.
(4) Demographic data provided on magnetic media shall be based upon the Bureau of the Census Public Law 94–171 file unique block identity code of state, county, tract, and block.
(5) Demographic data on magnetic media that are provided in conjunction with a redistricting shall be contained in a table of equivalencies giving the census block to district assignments in the following format:
(i) Each census block record (including those with zero population) will be followed by one or more additional fields indicating the district assignment for the census block in one or more plans.
(ii) All district assignments in the plan fields shall be right justified and blank filled if the assignment is less than four characters.
(iii) The file structure shall be as follows:
------------------------------------------------------------------------ PL 94-171 Field reference name Length Data type------------------------------------------------------------------------State......................... STATEFP........ 2 Numeric.County........................ CNTY........... 3 Numeric.Tract......................... TRACT/BNA...... 6 Alpha/ Numeric.Block......................... BLCK........... 4 Alpha/ Numeric.Plan 1 District............... User supplied.. 4 Alpha/ Numeric.Plan 2 District............... User supplied.. 4 Alpha/ Numeric.Plan 3 District, etc.......... ............... ........ .............Plan n District............... User supplied.. 4 Alpha/ Numeric.------------------------------------------------------------------------
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(iv) State and county shall be identified using the Federal Information Processing Standards (FIPS–55) code.
(v) Census tracts shall be left justified, and census blocks shall be left justified and blank filled if less than four characters.
(vi) Unused plan fields shall be blank filled.
(vii) In addition to the information identified in §51.20 (c) through (e), the documentation file accompanying the block level equivalency file shall contain the following information:
(A) The file structure.
(B) The total number of plans.
(C) For each plan field, an identification of the plan (e.g., state senate, congressional, county board, city council, school board) and its status or nature (e.g., plan currently in effect, adopted plan, alternative plan and sponsors).
(D) The number of districts in each plan field.
(E) Whether the plan field contains a complete or partial plan.
(F) Any additional information the jurisdiction deems relevant such as bill number, date of adoption, etc., and a listing of any modifications the submitting authority has made that alter the structure of the TIGER/line geographic file.
(b) Maps. Where any change is made that revises the constituency 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) Annexations. For annexations, in addition to that information specified elsewhere, the following information:
(1) The present and expected future use of the annexed land (e.g., garden apartments, industrial park).
(2) An estimate of the expected population, by race and language group, when anticipated development, if any, is completed.
(3) A statement that all prior annexations subject to the preclearance requirement have been submitted for review, or a statement that identifies all annexations subject to the preclearance requirement that have not been submitted for review. See §51.61(b).
(d) 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 the jurisdiction, containing the following information:
(1) The name of each candidate.
(2) The race or language group of each candidate, if known.
(3) The position sought by each 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.
(7) Election related data containing any of the information described above that are provided on magnetic media shall conform to the requirements of §51.20 (b) through (e). Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct.
(e) Language usage. Where a change is made affecting the use of the language of a language minority group in the electoral process, information that will enable the Attorney General to 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.
(f) Publicity and participation. For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, and of the opportunity for interested parties to participate in the decision to adopt the proposed change and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:
(1) Copies of newspaper articles discussing the proposed change.
(2) Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups).
(3) Minutes or accounts of public hearings concerning the proposed change.
(4) Statements, speeches, and other public communications concerning the proposed change.
(5) Copies of comments from the general public.
(6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose.
(g) Availability of the submission. (1) Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared.
(2) Information demonstrating that the submitting authority, where a submission contains magnetic media, made the magnetic media available to be copied or, if so requested, made a hard copy of the data contained on the magnetic media available to be copied.
(h) Minority group contacts. For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process.
[52 FR 490, Jan. 6, 1987, as amended by Order No. 1536–91, 56 FR 51836, Oct. 16, 1991]
Subpart D—Communications From Individuals and Groups
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§ 51.29 Communications concerning voting changes.
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Any individual or group may send to the Attorney General information concerning a change affecting voting in a jurisdiction to which section 5 applies.
(a) Communications may be in the form of a letter stating the name, address, and telephone number of the individual or group, describing the alleged change affecting voting and setting forth evidence regarding whether the change has or does not have a discriminatory purpose or effect, or simply bringing to the attention of the Attorney General the fact that a voting change has occurred.
(b) The communications should be mailed to the Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128, Washington, DC 20035–6128. The envelope and first page should be marked: Comment under section 5 of the Voting Rights Act.
(c) Comments by individuals or groups concerning any change affecting voting may be sent at any time; however, individuals and groups are encouraged to comment as soon as they learn of the change.
(d) Department of Justice officials and employees 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, 5 U.S.C. 552. 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 “would constitute a clearly unwarranted invasion of personal privacy” under 5 U.S.C. 552(b)(6), the identity of the individual shall not be disclosed to any person outside the Department.
(e) When an individual or group desires the Attorney General to consider information that was supplied in connection with an earlier submission, it is not necessary to resubmit the information but merely to identify the earlier submission and the relevant information.
[52 FR 490, Jan. 6, 1987, as amended by Order 1214–87, 52 FR 33409, Sept. 3, 1987]
§ 51.30 Action on communications from individuals or groups.
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(a) If there has already been a submission received of the change affecting voting brought to the attention of the Attorney General by an individual or group, any evidence from the individual or group shall be considered along with the materials submitted and materials resulting from any investigation.
(b) If such a submission has not been received, the Attorney General shall advise the appropriate jurisdiction of the requirement of section 5 with respect to the change in question.
§ 51.31 Communications concerning voting suits.
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Individuals and groups are urged to 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 individuals and groups.
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The Attorney General shall establish and maintain a Registry of Interested Individuals and Groups, which shall contain the name and address of any individual or group that wishes to receive notice of section 5 submissions. Information relating to this registry and to the requirements of the Privacy Act of 1974, 5 U.S.C. 552a et seq., is contained in JUSTICE/CRT–004. 48 FR 5334 (Feb. 4, 1983).
Subpart E—Processing of Submissions
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§ 51.33 Notice to registrants concerning submissions.
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Weekly notice of submissions that have been received will be given to the individuals and groups who have registered for this purpose under §51.32. Such notice will also be given when section 5 declaratory judgment actions are filed or decided.
§ 51.34 Expedited consideration.
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(a) When a submitting authority is required under State law or local ordinance or otherwise finds it necessary to implement a change within the 60-day period following submission, it may request that the submission be given expedited consideration. The submission should explain why such consideration is needed and provide the date by which a determination is required.
(b) Jurisdictions should endeavor to plan for changes in advance so that expedited consideration will not be required and should not routinely request such consideration. When a submitting authority demonstrates good cause for expedited consideration the Attorney General will attempt to make a decision by the date requested. However, the Attorney General cannot guarantee that such consideration can be given.
(c) Notice of the request for expedited consideration will be given to interested parties registered under §51.32.
§ 51.35 Disposition of inappropriate submissions.
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The Attorney General will make no response on the merits with respect to an inappropriate submission but will notify the submitting authority of the inappropriateness of the submission. Such notification will be made as promptly as possible and no later than the 60th day following receipt and will include an explanation of the inappropriateness of the submission. Inappropriate submissions include the submission of changes that do not affect voting (see, e.g., §51.13), the submission of standards, practices, or 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 submissions (see §§51.22, 51.61(b)), submissions by jurisdictions not subject to the preclearance requirement (see §§51.4, 51.5), and deficient submissions (see §51.26(d)).
§ 51.36 Release of information concerning submissions.
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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 submitting authority.
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(a) If a submission does not satisfy the requirements of §51.27, the Attorney General may request from the submitting authority any omitted information considered necessary for the evaluation of the submission. The request shall be made by letter and shall be made within the 60-day period and as promptly as possible after receipt of the original submission. See also §51.26(d).
(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) The Attorney General shall notify the submitting authority that a new 60-day period in which the Attorney General may interpose an objection shall commence upon the receipt of a response from the submitting authority that provides the information requested or states that the information is unavailable. The Attorney General can request further information within the new 60-day period, but such a further request shall not suspend the running of the 60-day period, nor shall the receipt of a response to such a request operate to begin a new 60-day period.
(d) The receipt of a response from the submitting authority that neither provides the information requested nor states that such information is unavailable shall not commence a new 60-day period. It is the practice of the Attorney General to notify the submitting authority that its response is inadequate and to provide such notification as soon as possible after the receipt of the inadequate response.
(e) 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 by letter, and the 60-day period will commence upon the date of such notification.
(f) Notice of the request for and receipt of further information will be given to interested parties registered under §51.32.
§ 51.38 Obtaining information from others.
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(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 when any such steps are taken.
§ 51.39 Supplementary submissions.
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(a) 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 second 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.
(b) The Attorney General will notify the submitting authority when the 60-day period for a submission is recalculated from the receipt of supplementary information or from the receipt of a second related submission.
(c) Notice of the receipt of supplementary information will be given to interested parties registered under §51.32.
§ 51.40 Failure to complete submissions.
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If after 60 days the submitting authority has not provided further information in response to a request made pursuant to §51.37(a), the Attorney General, absent extenuating circumstances and consistent with the burden of proof under section 5 described in §51.52 (a) and (c), may object to the change, giving notice as specified in §51.44.
§ 51.41 Notification of decision not to object.
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(a) The Attorney General shall within 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.
§ 51.42 Failure of the Attorney General to respond.
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It 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.
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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 soon as possible.
§ 51.44 Notification of decision to object.
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(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 submitting authority shall be advised further that notwithstanding the objection it may institute an action in the U.S. District Court for the District of Columbia for a declaratory judgment that the change objected to by the Attorney General does not have the prohibited discriminatory 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 will be given to interested parties registered under §51.32.
§ 51.45 Request for reconsideration.
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(a) The submitting authority may at any time request the Attorney General to reconsider an objection.
(b) Requests may be in letter or any other written form and should contain relevant information or legal 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 authority to give local public notice of the request.
§ 51.46 Reconsideration of objection at the instance of the Attorney General.
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(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 submission or requested notice of the Attorney General's action thereon, and to interested parties registered under §51.32, and the Attorney General shall decide whether to withdraw or to continue the objection only after such persons have had a reasonable opportunity to comment.
§ 51.47 Conference.
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(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 conference, individuals or groups that commented on the change prior to the Attorney General's objection 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 with 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 reconsideration.
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(a) The Attorney General shall within the 60-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 General shall have at least 15 days following any conference that is held in which to decide. (See also §51.39(a).) 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 have the effect of discriminating on account of race, color, or membership in a language minority group.
(c) If the objection is not withdrawn, the submitting authority shall be advised that notwithstanding the objection it may institute an action in the U.S. District Court for the District of Columbia for a declaratory judgment that the change objected to by the Attorney General does not have the prohibited purpose or effect.
(d) An objection remains in effect until either it is withdrawn by the Attorney General or a declaratory judgment with respect to the change in question is entered by the U.S. District Court for the District of Columbia.
(e) A copy of the notification shall be sent to any party who has commented on the submission or reconsideration or has requested notice of the Attorney General's action thereon.
(f) Notice of the decision after reconsideration will be given to interested parties registered under §51.32.
§ 51.49 Absence of judicial review.
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The decision of the Attorney General not to object to a submitted change or to withdraw an objection is not reviewable. The preclearance by the Attorney General of a voting change does not constitute the certification that the voting change satisfies any other requirement of the law beyond that of section 5, and, as stated in section 5, “(n)either an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure.”
§ 51.50 Records concerning submissions.
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(a) Section 5 files: The Attorney General shall maintain a section 5 file for each submission, containing the submission, related written materials, correspondence, memoranda, investigative reports, data provided on magnetic media, notations concerning conferences with the submitting authority or any interested individual or group, and copies of 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 will 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 submissions and of their dispositions by the Attorney General shall be electronically stored and periodically retrieved in the form of computer printouts.
(d) The contents of the files in paper or microfiche form described in paragraphs (a) through (c) of this section shall be available for inspection and copying by the public during normal business hours at the Voting Section, Civil Rights Division, Department of Justice, Washington, DC. Those who desire to inspect information that has been provided on magnetic media will be provided a copy of that information in the same form as it was received. Materials that are exempt from inspection under the Freedom of Information Act, 5 U.S.C. 552(b), may be withheld at the discretion of the Attorney General. Communications from individuals who have requested confidentiality or with respect to whom the Attorney General has determined that confidentiality is appropriate under §51.29(d) shall be available only as provided by §51.29(d). Applicable fees, if any, for the copying of the contents of these files are contained in the Department of Justice regulations implementing the Freedom of Information Act, 28 CFR 16.10.
[52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23, 1987, as amended by Order No. 1536–91, 56 FR 51837, Oct. 16, 1991]
Subpart F—Determinations by the Attorney General
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§ 51.51 Purpose of the subpart.
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The purpose of this subpart is to inform submitting authorities and other interested parties of the factors that the Attorney General considers relevant and of the standards by which the Attorney General will be guided in making substantive determinations under section 5 and in defending section 5 declaratory judgment actions.
§ 51.52 Basic standard.
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(a) Surrogate for the court. Section 5 provides for submission of a voting change to the Attorney General as an alternative to the seeking of a 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 effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group. The burden of proof is on a submitting authority when it submits a change to the Attorney General for preclearance, as it would be if the proposed change were the subject of a declaratory judgment action in the U.S. District Court for the District of Columbia. See South Carolina v. Katzenbach, 383 U.S. 301, 328, 335 (1966).
(b) No objection. If the Attorney General determines that the submitted change does not have the prohibited purpose or effect, no objection shall be interposed to the change.
(c) Objection. An objection shall be interposed to a submitted change if the Attorney General is unable to determine that the change is free of discriminatory purpose and effect. This includes those situations where the evidence as to the purpose or effect of the change is conflicting and the Attorney General is unable to determine that the change is free of discriminatory purpose and effect.
§ 51.53 Information considered.
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The Attorney General shall base a determination on a review of material presented by the submitting authority, relevant information provided by individuals or groups, and the results of any investigation conducted by the Department of Justice.
§ 51.54 Discriminatory effect.
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(a) Retrogression. A change affecting voting is considered to have a discriminatory effect under section 5 if it will lead to a retrogression in the position of 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 opportunity to exercise the electoral franchise effectively. See Beer v. United States, 425 U.S. 130, 140–42 (1976).
(b) Benchmark. (1) In determining whether a submitted change is retrogressive the Attorney General will normally compare the submitted change to the voting practice or procedure in effect at the time of the submission. If the existing practice or procedure upon submission was not in effect on the jurisdiction's applicable date for coverage (specified in the appendix) and is not otherwise legally enforceable under section 5, it cannot serve as a benchmark, and, except as provided in paragraph (b)(4) of this section, the comparison shall be with the last legally enforceable practice or procedure used by the jurisdiction.
(2) The Attorney General will make the comparison based on the conditions existing at the time of the submission.
(3) The implementation and use of an unprecleared voting change subject to section 5 review under §51.18(a) does not operate to make that unprecleared change a benchmark for any subsequent change submitted by the jurisdiction. See §51.18(c).
(4) Where at the time of submission of a change for section 5 review there exists no other lawful practice or procedure for use as a benchmark (e.g., where a newly incorporated college district selects a method of election) the Attorney General's preclearance determination will necessarily center on whether the submitted change was designed or adopted for the purpose of discriminating against members of racial or language minority groups.
§ 51.55 Consistency with constitutional and statutory requirements.
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(a) Consideration in general. In making a determination the Attorney General will consider whether the change is free of discriminatory purpose and retrogressive effect in light of, and with particular attention being given to, the requirements of the 14th, 15th, and 24th amendments to the Constitution, 42 U.S.C. 1971(a) and (b), sections 2, 4(a), 4(f)(2), 4(f)(4), 201, 203(c), and 208 of the Act, and other constitutional and statutory provisions designed to safeguard the right to vote from denial or abridgment on account of race, color, or membership in a language minority group.
(b) Section 2. Preclearance under section 5 of a voting change will not preclude any legal action under section 2 by the Attorney General if implementation of the change demonstrates that such action is appropriate.
[52 FR 490, Jan. 6, 1987, as amended at 63 FR 24109, May 1, 1998]
§ 51.56 Guidance from the courts.
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In making determinations the Attorney General will be guided by the relevant decisions of the Supreme Court of the United States and of other Federal courts.
§ 51.57 Relevant factors.
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Among the factors the Attorney General will consider in making determinations with respect to the submitted changes affecting voting are the following:
(a) The extent to which a reasonable and legitimate justification for the change exists.
(b) The extent to which the jurisdiction followed objective guidelines and fair and conventional procedures in adopting the change.
(c) The extent to which the jurisdiction afforded members of racial and language minority groups an opportunity to participate in the decision to make the change.
(d) The extent to which the jurisdiction took the concerns of members of racial and language minority groups into account in making the change.
§ 51.58 Representation.
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(a) Introduction. This section and the sections that follow set forth factors—in addition to those set forth above—that the Attorney General considers in reviewing redistrictings (see §51.59), changes in electoral systems (see §51.60), and annexations (see §51.61).
(b) Background factors. In making determinations with respect to these changes involving voting practices and procedures, the Attorney General will consider as important background information the following factors:
(1) The extent to which minorities have been denied an equal opportunity to participate meaningfully in the political process in the jurisdiction.
(2) The extent to which minorities have been denied an equal opportunity to influence elections and the decisionmaking of elected officials in the jurisdiction.
(3) The extent to which voting in the jurisdiction is racially polarized and political activities are racially segregated.
(4) The extent to which the voter registration and election participation of minority voters have been adversely affected by present or past discrimination.
§ 51.59 Redistrictings.
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In determining whether a submitted redistricting plan has the prohibited purpose or effect the Attorney General, in addition to the factors described above, will consider the following factors (among others):
(a) The extent to which malapportioned districts deny or abridge the right to vote of minority citizens.
(b) The extent to which minority voting strength is reduced by the proposed redistricting.
(c) The extent to which minority concentrations are fragmented among different districts.
(d) The extent to which minorities are overconcentrated in one or more districts.
(e) The extent to which available alternative plans satisfying the jurisdiction's legitimate governmental interests were considered.
(f) The extent to which the plan departs from objective redistricting criteria set by the submitting jurisdiction, ignores other relevant factors such as compactness and contiguity, or displays a configuration that inexplicably disregards available natural or artificial boundaries.
(g) The extent to which the plan is inconsistent with the jurisdiction's stated redistricting standards.
§ 51.60 Changes in electoral systems.
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In making determinations with respect to changes in electoral systems (e.g., changes to or from the use of at-large elections, changes in the size of elected bodies) the Attorney General, in addition to the factors described above, will consider the following factors (among others):
(a) The extent to which minority voting strength is reduced by the proposed change.
(b) The extent to which minority concentrations are submerged into larger electoral units.
(c) The extent to which available alternative systems satisfying the jurisdiction's legitimate governmental interests were considered.
§ 51.61 Annexations.
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(a) Coverage. Annexations, even of uninhabited land, are subject to section 5 preclearance to the extent that they alter or are calculated to alter the composition of a jurisdiction's electorate. In analyzing annexations under section 5, the Attorney General only considers the purpose and effect of the annexation as it pertains to voting.
(b) Section 5 review. It is the practice of the Attorney General to review all of a jurisdiction's unprecleared annexations together. See City of Pleasant Grove v. United States, C.A. No. 80–2589 (D.D.C. Oct. 7, 1981).
(c) Relevant factors. In making determinations with respect to annexations, the Attorney General, in addition to the factors described above, will consider the following factors (among others):
(1) The extent to which a jurisdiction's annexations reflect the purpose or have the effect of excluding minorities while including other similarly situated persons.
(2) The extent to which the annexations reduce a jurisdiction's minority population percentage, either at the time of the submission or, in view of the intended use, for the reasonably foreseeable future.
(3) Whether the electoral system to be used in the jurisdiction fails fairly to reflect minority voting strength as it exists in the post-annexation jurisdiction. See City of Richmond v. United States, 422 U.S. 358, 367–72 (1975).
[52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23, 1987]
Subpart G—Sanctions
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§ 51.62 Enforcement by the Attorney General.
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(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 of section 5 may be subject to criminal sanctions. See section 12(a) and (c).
§ 51.63 Enforcement by private parties.
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Private parties have standing to enforce section 5.
§ 51.64 Bar to termination of coverage (bailout).
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(a) Section 4(a) of the Act sets out the requirements for the termination of coverage (bailout) under section 5. See §51.5. Among the requirements for bailout is compliance with section 5, as described in section 4(a), during the ten years preceding the filing of the bailout action and during its pendency.
(b) In defending bailout actions, the Attorney General will not consider as a bar to bailout under section 4(a)(1)(E) a section 5 objection to a submitted voting standard, practice, or procedure if the objection was subsequently withdrawn on the basis of a determination by the Attorney General that it had originally been interposed as a result of the Attorney General's misinterpretation of fact or mistake in the law, or if the unmodified voting standard, practice, or procedure that was the subject of the objection received section 5 preclearance by means of a declaratory judgment from the U.S. District Court for the District of Columbia.
(c) Notice will be given to interested parties registered under §51.32 when bailout actions are filed or decided.
Subpart H—Petition To Change Procedures
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§ 51.65 Who may petition.
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Any jurisdiction or interested individual or group may petition to have these procedural guidelines amended.
§ 51.66 Form of petition.
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A petition under this subpart may be 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.
§ 51.67 Disposition of petition.
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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 to Part 51—Jurisdictions Covered Under Section 4(b) of the Voting Rights Act, as Amended
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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 been determined on more than one occasion to be covered under section 4(b).
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---------------------------------------------------------------------------------------------------------------- Federal Register citation Jurisdiction Applicable Date ------------------------------------------------- Volume and page Date----------------------------------------------------------------------------------------------------------------Alabama.............................. Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.Alaska............................... Nov. 1, 1972........... 40 FR 49422............ Oct. 22, 1975.Arizona.............................. Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975.California: Kings County....................... Nov. 1, 1972........... 40 FR 43746............ Sept. 23. 1975. Merced County...................... Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975. Monterey County.................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Yuba County........................ Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Yuba County........................ Nov. 1, 1972........... 41 FR 784.............. Jan. 5, 1976.Florida: Collier County..................... Nov. 1, 1972........... 41 FR 34329............ Aug. 13, 1976. Hardee County...................... Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975. Hendry County...................... Nov. 1, 1972........... 41 FR 34329............ Aug. 13, 1976. Hillsborough County................ Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975. Monroe County...................... Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975.Georgia.............................. Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.Louisiana............................ Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.Michigan: Allegan County: Clyde Township................... Nov. 1, 1972........... 41 FR 34329............ Aug. 13, 1976. Saginaw County: Buena Vista Township............. Nov. 1, 1972........... 41 FR 34329............ Aug. 13, 1976.Mississippi.......................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.New Hampshire: Cheshire County: Rindge Town...................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Coos County: Millsfield Township.............. Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Pinkhams Grant................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Stewartstown Town................ Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Stratford Town................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Grafton County: Benton Town...................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Hillsborough County: Antrim Town...................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Merrimack County: Boscawen Town.................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Rockingham County: Newington Town................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974. Sullivan County: Unity Town....................... Nov. 1, 1968........... 39 FR 16912............ May 10, 1974.New York: Bronx County....................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Bronx County....................... Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975. Kings County....................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Kings County....................... Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975. New York County.................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971.North Carolina: Anson County....................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Beaufort County.................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Bertie County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Bladen County...................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Camden County...................... Nov. 1, 1964........... 31 FR 3317............. Mar. 2, 1966. Caswell County..................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Chowan County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Cleveland County................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Craven County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Cumberland County.................. Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Edgecombe County................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Franklin County.................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Gaston County...................... Nov. 1, 1964........... 31 FR 5081............. Mar, 29, 1966. Gates County....................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Granville County................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Greene County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Guilford County.................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Halifax County..................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Harnett County..................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Hertford County.................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Hoke County........................ Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Jackson County..................... Nov. 1, 1972........... 40 FR 49422............ Oct. 22, 1975. Lee County......................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Lenoir County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Martin County...................... Nov. 1, 1964........... 31 FR 19............... Jan. 4, 1966. Nash County........................ Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Northampton County................. Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Onslow County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Pasquotank County.................. Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Perquimans County.................. Nov. 1, 1964........... 31 FR 3317............. Mar. 2, 1966. Person County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Pitt County........................ Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Robeson County..................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Rockingham County.................. Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Scotland County.................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Union County....................... Nov. 1, 1964........... 31 FR 5081............. Mar. 29, 1966. Vance County....................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Washington County.................. Nov. 1, 1964........... 31 FR 19............... Jan. 4, 1966. Wayne County....................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965. Wilson County...................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.South Carolina....................... Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.South Dakota: Shannon County..................... Nov. 1, 1972........... 41 FR 784.............. Jan. 5, 1976. Todd County........................ Nov. 1, 1972........... 41 FR 784.............. Jan. 5, 1976.Texas................................ Nov. 1, 1972........... 40 FR 43746............ Sept. 23, 1975.Virginia............................. Nov. 1, 1964........... 30 FR 9897............. Aug. 7, 1965.----------------------------------------------------------------------------------------------------------------
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The following political subdivisions in States subject to statewide coverage are also covered individually:
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---------------------------------------------------------------------------------------------------------------- Federal Register citation Jurisdiction Applicable date ------------------------------------------------- Volume and page Date----------------------------------------------------------------------------------------------------------------Arizona: Apache County...................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Apache County...................... Nov. 1, 1972........... 40 FR 49422............ Oct. 22, 1975 Cochise County..................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Coconino County.................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Coconino County.................... Nov. 1, 1972........... 40 FR 49422............ Oct. 22, 1975. Mohave County...................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Navajo County...................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Navajo County...................... Nov. 1, 1972........... 40 FR 49422............ Oct. 22, 1975. Pima County........................ Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Pinal County....................... Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Pinal County....................... Nov. 1, 1972........... 40 FR 49422............ Oct. 22, 1975. Santa Cruz County.................. Nov. 1, 1968........... 36 FR 5809............. Mar. 27, 1971. Yuma County........................ Nov. 1, 1964........... 31 FR 982.............. Jan. 25, 1966.----------------------------------------------------------------------------------------------------------------
