[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Proposed Rules]
[Pages 33205-33216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13393]
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DEPARTMENT OF JUSTICE
28 CFR Parts 0 and 51
[CRT Docket No. 109; AG Order No. 3161-2010]
Revision of the Procedures for the Administration of Section 5 of
the Voting Rights Act
AGENCY: Civil Rights Division, Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Attorney General is considering amendments to the
Department of Justice's ``Procedures for the Administration of Section
5 of the Voting Rights Act of 1965.'' The proposed amendments are
designed to clarify the scope of section 5 review based on recent
amendments to section 5, make technical clarifications and updates, and
provide better guidance to covered jurisdictions and minority citizens
concerning current Department practices. Interested persons are invited
to participate in the consideration of these amendments.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before August 10, 2010. Commenters should be aware
that the electronic Federal Docket Management System will not accept
comments after Midnight Eastern Time on the last day of the comment
period.
ADDRESSES: You may submit written comments, identified by the agency
name and docket number or Regulatory Information Number (RIN) for this
rulemaking, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202-307-3961.
Mail: Chief, Voting Section, Civil Rights Division, United States
Department of Justice, Room 7254-NWB, 950 Pennsylvania Avenue, NW.,
Washington, DC 20530.
Hand Delivery/Courier: Chief, Voting Section, Civil Rights
Division, United States Department of Justice, Room 7254-NWB, 1800 G
Street, NW., Washington, DC 20006.
FOR FURTHER INFORMATION CONTACT: T. Christian Herren, Jr., Acting
Chief, Voting Section, Civil Rights Division, United States Department
of Justice, Room 7254-NWB, 950 Pennsylvania Avenue, NW., Washington, DC
20530, or by telephone at (800) 253-3931.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments: Please note that all comments received
are considered part of the public record and made available for public
inspection online at http://www.regulations.gov. Such information
includes personal identifying information (such as your name, address,
etc.) voluntarily submitted by the commenter.
If you want to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You also must
locate all the personal identifying information you do not want posted
online in the first paragraph of your comment and identify what
information you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You also must prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
http://www.regulations.gov.
Personal identifying information and confidential business
information identified and located as set forth above
[[Page 33206]]
will be placed in the agency's public docket file, but not posted
online. If you wish to inspect the agency's public docket file in
person by appointment, please see the FOR FURTHER INFORMATION CONTACT
paragraph.
The reason that the Department of Justice is requesting electronic
comments before Midnight Eastern Time on the day the comment period
closes is because the inter-agency Regulations.gov/Federal Docket
Management System (FDMS) which receives electronic comments terminates
the public's ability to submit comments at Midnight on the day the
comment period closes. Commenters in time zones other than Eastern may
want to take this fact into account so that their electronic comments
can be received. The constraints imposed by the Regulations.gov/FDMS
system do not apply to U.S. postal comments which will be considered as
timely filed if they are postmarked before Midnight on the day the
comment period closes.
Discussion
The proposed amendments seek to clarify the scope of section 5
review based on recent amendments to section 5, make certain technical
clarifications and updates, and provide better guidance to covered
jurisdictions and citizens. In many instances, the proposed amendments
describe longstanding practices of the Attorney General in the review
of section 5 submissions. These proposed amendments should aid in
ensuring that all covered changes affecting voting are promptly
submitted for review and minimize the potential for litigation.
The proposed amendments clarify that the Attorney General's
delegation of authority to the Assistant Attorney General for Civil
rights over submissions under section 5 of the Voting Rights Act also
includes authority over submissions under section 3(c) of the Voting
Rights Act (Sec. 0.50(h)). The proposed amendments also clarify the
stated authority for the Part 51 procedures to reflect the 2006
statutory amendments to the Voting Rights Act; revise language to
conform to the substantive section 5 standard in the 2006 amendments
(Sec. 51.1); clarify the definition of the Voting rights Act to
reflect the enactment of the 2006 amendments; clarify the definition of
the benchmark standard, practice, or procedure (Sec. 51.2); make
technical corrections to the delegation of authority from the Attorney
General to the Assistant Attorney General, and from the Chief of the
Voting Section to supervisory attorneys within the Voting Section
(Sec. 51.3); make technical corrections to reflect the new expiration
date for section 5 coverage contained in the 2006 amendments; clarify
that jurisdictions may seek earlier termination of coverage through a
bailout action (Sec. 51.5); and incorporate the Supreme Court's
holding in Northwest Austin Mun. Utility Dist. No. One v. Holder, 557
U.S. ------ , 129 S.Ct. 2504 (2009), that any jurisdiction required to
comply with section 5 may seek to terminate that obligation pursuant to
the procedures that implement section 4(a) of the Act (Sec. Sec. 51.5
and 51.6).
The proposed amendments clarify that the review period commences
only when a submission is received by the Department officials
responsible for conducting section 5 reviews and clarifies the date of
the response (Sec. 51.9); revise language to conform to the
substantive section 5 standard in the 2006 amendments (Sec. 51.10,
Sec. 51.11); clarify that, in determining whether a change is covered,
any inquiry into whether the change has the potential for
discrimination is focused on the generic category of changes to which
the specific change belongs (Sec. 51.12); clarify that a voting change
is covered regardless of the manner or mode by which a covered
jurisdiction acts to adopt it (Sec. 51.12); and clarify that
dissolution or merger of voting districts, de facto elimination of an
elected office, and relocations of authority to adopt or administer
voting practices or procedures are all subject to section 5 review
(Sec. 51.13).
The proposed amendments also clarify that section 5 review
ordinarily should precede court review, that a court-ordered change
that initially is not covered by section 5 may become covered through
actions taken by the affected jurisdiction, and that the interim use of
an unprecleared change should be ordered by a court only in emergency
circumstances (Sec. 51.18); make a conforming change updating the
address for the Voting Section (Sec. 51.19); make technical changes in
the format in which information may be submitted to the Attorney
General to reflect changes in information technology (Sec. 51.20); and
clarify those circumstances in which the Attorney General will not
review a submission (Sec. Sec. 51.21, 51.22).
In addition, the proposed amendments clarify the authority
authorized to make section 5 submissions (Sec. 51.23); make technical
amendments to the addresses to which submissions can be delivered to
reflect changes in the location of the Voting Section and its mail-
handling procedures, to note the availability of electronic submissions
and telefacsimile submissions, and to note to the availability of e-
mail as a means of submitting additional information on pending
submissions (Sec. 51.24); clarify the addresses and methods by which
jurisdictions may deliver notices of withdrawal of submissions (Sec.
51.25); clarify the language used in describing the required contents
of submissions (Sec. 51.27); and make technical changes to the format
in which information may be submitted to the Attorney General (Sec.
51.28).
The proposed amendments also clarify the addresses and methods by
which persons may provide written comments on submissions and clarify
the circumstances in which the Department may withhold the identity of
those providing comments on submissions (Sec. 51.29); clarify the
circumstances under which the Attorney General may conclude that a
decision on the merits is not appropriate and the circumstances under
which consideration of the change may be reopened (Sec. 51.35);
clarify the procedures for the Attorney General to make written and
oral requests for additional information regarding a submission (Sec.
51.37); make technical revisions to the section that provides for
recommencing the 60-day period where a jurisdiction voluntarily
provides material supplemental information, or where a related
submission is received (Sec. 51.39); and clarify the language
regarding the failure of the Attorney General to respond to a
submission (Sec. 51.42).
The proposed amendments also clarify the procedures when the
Attorney General decides to reexamine a decision not to object (Sec.
51.43); revise language to conform to the substantive section 5
standard in the 2006 amendments (Sec. 51.44); clarify that the
Attorney General can reconsider an objection in cases of
misinterpretation of fact or mistake of law, consistent with existing
Sec. 51.64(b) (Sec. 51.46); clarify the manner in which the 60-day
requirement applies to reconsideration requests and revise language to
conform to the substantive section 5 standard in the 2006 amendments
(Sec. 51.48); and clarify the procedures regarding access to section 5
records (Sec. 51.50).
The proposed amendments clarify the substantive standard to reflect
the 2006 amendments to the Act and the manner in which the Attorney
General will evaluate issues of discriminatory purpose under section 5
(Sec. 51.52, Sec. 51.54, Sec. 51.55, Sec. 51.57, Sec. 51.59);
clarify the application of section 5 to de-annexations (Sec. 51.61);
and clarify the Appendix to include reference to a list
[[Page 33207]]
of bailouts by political subdivisions subject to section 5.
Administrative Procedure Act
This proposal amends interpretative rules, general statements of
policy, or rules of agency organization, procedure, or practice and
therefore the notice requirement of 5 U.S.C. 553(b) is not mandatory.
Although notice and comment is not required, we are nonetheless
choosing to offer this proposed rule for notice and comment.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this rule and by approving it
certifies that this rule will not have a significant economic impact on
a substantial number of small entities because it applies only to
governmental entities and jurisdictions that are already required by
section 5 of the Voting Rights Act of 1965 to submit voting changes to
the Department of Justice, and this rule does not change this
requirement. It provides guidance to such entities to assist them in
making the required submissions under section 5. Further, a Regulatory
Flexibility Analysis was not required to be prepared for this rule
because the Department of Justice was not required to publish a general
notice of proposed rulemaking for this matter.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), Principles of Regulation. The Department of Justice has
determined that this rule is not a ``significant regulatory action''
under Executive Order 12866, section 3(f), and accordingly this rule
has not been reviewed by the Office of Management and Budget.
Executive Order 13132--Federalism
This rule does not have federalism implications warranting the
preparation of a Federalism Assessment under section 6 of Executive
Order 13132 because the rule does not alter or modify the existing
statutory requirements of section 5 of the Voting Rights Act imposed on
the States, including units of local government or political
subdivisions of the States.
Executive Order 12988--Civil Justice Reform
This document meets the applicable standards set forth in sections
3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
List of Subjects in 28 CFR Parts 0 and 51
Administrative practice and procedure, Archives and records,
Authority delegations (government agencies), Civil rights, Elections,
Political committees and parties, Voting rights.
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301, 28 U.S.C. 509, 510, and 42 U.S.C.
973b, 1973c, the following amendments are proposed to Chapter I of
Title 28 of the Code of Federal Regulations:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart J--Civil Rights Division
1. The authority citation for Part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510.
2. In Sec. 0.50, revise paragraph (h) to read as follows:
Sec. 0.50 General functions.
* * * * *
(h) Administration of sections 3(c) and 5 of the Voting Rights Act
of 1965, as amended (42 U.S.C. 1973a(c), 1973c).
* * * * *
3. The authority citation for Part 51 is revised to read as
follows:
PART 51--PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE
VOTING RIGHTS ACT OF 1965
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, and 42 U.S.C.
1973b, 1973c.
4. In Sec. 51.1, revise paragraph (a)(1) to read as follows:
Sec. 51.1 Purpose.
(a) * * *:
(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 neither has the purpose nor will have
the effect of denying or abridging the right to vote on account of
race, color, or membership in a language minority group, or
* * * * *
5. In Sec. 51.2, revise the definitions for ``Act'' and ``Change
affecting voting or change'' to read as follows:
Sec. 51.2 Definitions.
* * * * *
Act means the Voting Rights Act of 1965, 79 Stat. 437, as amended
by the Civil Rights Act of 1968, 82 Stat. 73, the Voting Rights Act
Amendments of 1970, 84 Stat. 314, the District of Columbia Delegate
Act, 84 Stat. 853, the Voting Rights Act Amendments of 1975, 89 Stat.
400, the Voting Rights Act Amendments of 1982, 96 Stat. 131, the Voting
Rights Language Assistance Act of 1992, 106 Stat. 921, the Fannie Lou
Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act of 2006, 120 Stat. 577, and the Act
to Revise the Short Title of the Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act Reauthorization and Amendments
Act, 122 Stat. 2428, 42 U.S.C. 1973 et seq. Section numbers, such as
``section 14(c)(3),'' refer to sections of the Act.
* * * * *
Change affecting voting or change 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) or from the existing
standard, practice, or procedure if it was subsequently altered and
precleared under section 5. In assessing whether a change has a
discriminatory purpose or effect, the comparison shall be with the
standard, practice, or procedure in effect on the date used to
determine coverage under section 4(b) or the most recent precleared
standard, practice, or procedure. Some examples of changes affecting
voting are given in Sec. 51.13.
* * * * *
6. Revise Sec. 51.3 to read as follows:
Sec. 51.3 Delegation of authority.
The responsibility and authority for determinations under section 5
and section 3(c) 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 perform
the functions of the Assistant Attorney General. With the concurrence
of the Assistant Attorney General, the Chief of the Voting Section may
designate
[[Page 33208]]
supervisory attorneys in the Voting Section to perform the functions of
the Chief.
7. Revise Sec. 51.5 to read as follows:
Sec. 51.5 Termination of coverage.
(a) Expiration. The requirements of section 5 will expire at the
end of the twenty-five-year period following the effective date of the
amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott
King, Cesar E. Chavez, Barbara C. Jordan, William C. Velasquez, and Dr.
Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act
of 2006, which amendments became effective on July 27, 2006. See
section 4(a)(8) of the VRACA.
(b) Bailout. Any political subunit in a covered jurisdiction or a
political subdivision of a covered State, a covered jurisdiction or a
political subdivision of a covered State, or a covered State may
terminate the application of section 5 (``bailout'') by obtaining the
declaratory judgment described in section 4(a) of the Act.
8. Revise Sec. 51.6 to read as follows:
Sec. 51.6 Political subunits.
All political subunits within a covered jurisdiction (e.g.,
counties, cities, school districts) that have not terminated coverage
by obtaining the declaratory judgment described in section 4(a) of the
Act are subject to the requirements of section 5.
9. Revise Sec. 51.9 to read as follows:
Sec. 51.9 Computation of time.
(a) The Attorney General shall have 60 days in which to interpose
an objection to a submitted change affecting voting for which a
response on the merits is appropriate (see Sec. 51.35, Sec. 51.37).
(b) The 60-day period shall commence upon receipt of a submission
by the Voting Section of the Department of Justice's Civil Rights
Division or upon receipt of a submission by the Office of the Assistant
Attorney General, Civil Rights Division, if the submission is properly
marked as specified in Sec. 51.24(f). The 60-day period shall
recommence upon the receipt in like manner by the Voting Section of a
resubmission (see Sec. 51.35), additional information (see Sec.
51.37), or material, supplemental information or a related submission
(see Sec. 51.39).
(c) The 60-day period shall mean 60 calendar days, with the day of
receipt of the submission not counted, and with the 60th day ending at
11:59 p.m. Eastern Time of that day. If the final day of the period
should fall on a Saturday, Sunday, or 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 next full business day shall be counted as the final day of the 60-
day period. The date of the Attorney General's response shall be the
date on which it is transmitted to the submitting authority by any
reasonable means, including placing it in a postbox of the U.S. Postal
Service or a private mail carrier, sending it by telefacsimile, e-mail,
or other electronic means, or delivering it in person to a
representative of the submitting authority.
10. In Sec. 51.10, revise paragraph (a) to read as follows:
Sec. 51.10 Requirement of action for declaratory judgment or
submission to the Attorney General.
* * * * *
(a) Obtain a judicial determination from the U.S. District Court
for the District of Columbia that the voting change neither has the
purpose nor will have the effect of denying or abridging the right to
vote on account of race, color, or membership in a language minority
group.
* * * * *
11. Revise Sec. 51.11 to read as follows:
Sec. 51.11 Right to bring suit.
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 neither has the purpose nor will have the effect of
denying or abridging the right to vote on account of race, color, or
membership in a language minority group.
12. Revise Sec. 51.12 to read as follows:
Sec. 51.12 Scope of requirement.
Except as provided in Sec. 51.18 (court-ordered changes), the
section 5 requirement applies to any change affecting voting, even
though it appears to be minor or indirect, returns to a prior practice
or procedure, seemingly expands voting rights, or is designed to remove
the elements that caused the Attorney General to object to a prior
submitted change. The scope of section 5 coverage is based on whether
the generic category of changes affecting voting to which the change
belongs (for example, the generic categories of changes listed in Sec.
51.13) has the potential for discrimination. NAACP v. Hampton County
Election Commission, 470 U.S. 166 (1985). The method by which a
jurisdiction enacts or administers a change does not affect the
requirement to comply with section 5, which applies to changes enacted
or administered through the executive, legislative, or judicial
branches.
13. In Sec. 51.13, revise paragraphs (e), (i), and (k) and add
paragraph (l) to read as follows:
Sec. 51.13 Examples of changes.
* * * * *
(e) Any change in the constituency of an official or the boundaries
of a voting unit (e.g., through redistricting, annexation,
deannexation, incorporation, dissolution, merger, reapportionment,
changing to at-large elections from district elections, or changing to
district elections from at-large elections).
* * * * *
(i) Any change in the term of an elective office or an elected
official, or any change in the offices that are elective (e.g., by
shortening the term of an office; changing from election to
appointment; transferring authority from an elected to an appointed
official that, in law or in fact, eliminates the elected official's
office; or staggering the terms of offices).
* * * * *
(k) Any change affecting the right or ability of persons to
participate in political campaigns.
(l) Any change that transfers or alters the authority of any
official or governmental entity regarding who may enact or seek to
implement a voting qualification, prerequisite to voting, or standard,
practice, or procedure with respect to voting.
14. Revised Sec. 51.18 to read as follows:
Sec. 51.18 Federal court-ordered changes.
(a) In general. Changes affecting voting for which approval by a
Federal court is required, or that are ordered by a Federal court, are
exempt from section 5 review only where the Federal court prepared the
change and the change has not been subsequently adopted or modified by
the relevant governmental body. McDaniel v. Sanchez, 452 U.S. 130
(1981). Court-ordered changes covered by section 5 should be submitted
for review prior to review by the Federal court, except as provided in
paragraph (d) of this section. (See also Sec. 51.22.) Connor v.
Waller, 421 U.S. 656 (1975).
(b) Subsequent changes. Where a Federal 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 changes made necessary by a court-ordered
[[Page 33209]]
redistricting plan are subject to section 5 review.
(c) Alteration in section 5 status. Where a Federal court-ordered
change at its inception is not subject to review under section 5, a
subsequent action by the submitting authority demonstrating that the
change reflects its policy choices (e.g., adoption or ratification of
the change, or implementation in a manner not explicitly authorized by
the court) will render the change subject to review under section 5
with regard to any future implementation.
(d) In emergencies. Changes affecting voting that are ordered by a
Federal court, and that reflect the policy choices of a submitting
authority, may be implemented on an emergency interim basis without
compliance with section 5 only where a Federal court orders such
implementation and only to the extent ordered by the Federal court.
(See also Sec. 51.34.) A Federal court's authorization of the
emergency interim use without preclearance of a voting change does not
exempt any use of the practice not explicitly authorized by the court
from section 5 review.
15. Revise Sec. 51.19 to read as follows:
Sec. 51.19 Request for notification concerning voting litigation.
A jurisdiction subject to the preclearance requirements of section
5 that becomes involved in any litigation concerning voting is
requested to notify the Chief, Voting Section, Civil Rights Division,
at the addresses, telefacsimile number, or e-mail address specified in
Sec. 51.24. Such notification will not be considered a submission
under section 5.
16. In Sec. 51.20, revise paragraphs (b) through (e) and add a new
paragraph (f) to read as follows:
Sec. 51.20 Form of submissions.
* * * * *
(b) The Attorney General will accept certain machine readable data
in the following electronic media: 3.5 inch 1.4 megabyte disk, compact
disc read-only memory (CD-ROM) formatted to the ISO-9660/Joliet
standard, or digital versatile disc read-only memory (DVD-ROM). Unless
requested by the Attorney General, data provided on electronic media
need not be provided in hard copy.
(c) All electronic 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.
(d) Each magnetic medium (floppy disk or tape) provided must be
accompanied by a printed description of its contents, including an
identification by name or location of each data file contained on the
medium, a detailed record layout for each such file, a record count for
each such file, and a full description of the magnetic medium format.
(e) Text documents should be provided in a standard American
Standard Code for Information Interchange (ASCII) character code;
documents with graphics and complex formatting should be provided in
standard Portable Document Format (PDF). The label shall be affixed to
each electronic medium, and the information included on the label shall
also be contained in a documentation file on the electronic medium.
(f) All data files shall be provided in a delimited text file and
must include a header row as the first row with a name for each field
in the data set. A separate data dictionary file documenting the fields
in the data set, the field separators or delimiters, and a description
of each field, including whether the field is text, date, or numeric,
enumerating all possible values is required; separators and delimiters
should not also be used as data in the data set. Proprietary or
commercial software system data files (e.g. SAS, SPSS, dBase, Lotus 1-
2-3) and data files containing compressed data or binary data fields
will not be accepted.
17. Revise Sec. 51.21 to read as follows:
Sec. 51.21 Time of submissions.
Changes affecting voting should be submitted as soon as possible
after they become final, except as provided in Sec. 51.22.
18. Revise Sec. 51.22 to read as follows:
Sec. 51.22 Submitted changes that will not be reviewed.
(a) The Attorney General will not consider on the merits:
(1) Any proposal for a change submitted prior to final enactment or
administrative decision except as provided in paragraph (b) of this
section.
(2) Any submitted change directly related to another change that
has not received section 5 preclearance if the Attorney General
determines that the two changes cannot be substantively considered
independently of one another.
(3) Any submitted change whose enforcement has ceased and been
superseded by a standard, practice, or procedure that has received
section 5 preclearance or that is otherwise legally enforceable under
section 5.
(b) For any change requiring approval by referendum, by a State or
Federal court, or by a Federal agency, 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. (See also
Sec. 51.18.)
19. Revise Sec. 51.23 to read as follows:
Sec. 51.23 Party and jurisdiction responsible for making submissions.
(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. A
State, whether partially or fully covered, has authority to submit any
voting change on behalf of its covered jurisdictions and political
subunits. Where a State is covered as a whole, State legislation or
other changes undertaken or required by the State shall be submitted by
the State (except that legislation of local applicability may be
submitted by political subunits). Where a State is partially covered,
changes of statewide application may be submitted by the State.
Submissions from the State, rather than from the individual covered
jurisdictions, would serve the State's interest in at least two
important respects: First, the State is better able to explain to the
Attorney General the purpose and effect of voting changes it enacts
than are the individual covered jurisdictions; second, a single
submission of the voting change on behalf of all of the covered
jurisdictions would reduce the possibility that some State acts will be
legally enforceable in some parts of the State but not in others.
(b) A change effected by a political party (see Sec. 51.7) may be
submitted by an appropriate official of the political party.
(c) A change affecting voting that results from a State court order
should be submitted by the jurisdiction or entity that is to implement
or administer the change (in the manner specified by paragraphs (a) and
(b) of this section).
20. Revise Sec. 51.24 to read as follows:
Sec. 51.24 Delivery of submissions.
(a) Delivery by U.S. Postal Service. Submissions sent to the
Attorney General by the U.S. Postal Service, including certified mail
or express mail, shall be addressed to the Chief, Voting Section, Civil
Rights Division, United States Department of Justice, Room 7254-NWB,
950 Pennsylvania Avenue, NW., Washington, DC 20530.
(b) Delivery by other carriers. Submissions sent to the Attorney
[[Page 33210]]
General by carriers other than the U.S. Postal Service, including by
hand delivery, should be addressed or may be delivered to the Chief,
Voting Section, Civil Rights Division, United States Department of
Justice, Room 7254-NWB, 1800 G Street, NW., Washington, DC 20006.
(c) Electronic submissions. Submissions may be delivered to the
Attorney General through an electronic form available on the Web site
of the Voting Section of the Civil Rights Division at http://www.justice.gov/crt/voting/. Detailed instructions appear on the Web
site. Jurisdictions should answer the questions appearing on the
electronic form, and should attach documents as specified in the
instructions accompanying the application.
(d) Telefacsimile submissions. In urgent circumstances, submissions
may be delivered to the Attorney General by telefacsimile to (202) 616-
9514. Submissions should not be sent to any other telefacsimile number
at the Department of Justice. Submissions that are voluminous should
not be sent by telefacsimile.
(e) E-mail. Submissions may not be delivered to the Attorney
General by e-mail in the first instance. However, after a submission is
received by the Attorney General, a jurisdiction may supply additional
information on that submission by e-mail to [email protected]. The
subject line of the e-mail shall be identified with the Attorney
General's file number for the submission (YYYY-NNNN), marked as
``Additional Information,'' and include the name of the jurisdiction.
(f) Special marking. The first page of the submission, and the
envelope (if any), shall be clearly marked: ``Submission under Section
5 of the Voting Rights Act.''
(g) The most current information on addresses for, and methods of
making, section 5 submissions is available on the Voting Section Web
site at http://www.justice.gov/crt/voting/.
21. In Sec. 51.25, revise paragraph (a) to read as follows:
Sec. 51.25 Withdrawal of submissions.
(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, Civil Rights Division, to be delivered at the addresses,
telefacsimile number, or e-mail address specified in Sec. 51.24. The
submission shall be deemed withdrawn upon the Attorney General's
receipt of the notice.
* * * * *
22. In Sec. 51.27, revise paragraphs (a) through (d) to read as
follows:
Sec. 51.27 Required contents.
* * * * *
(a) A copy of any ordinance, enactment, order, or regulation
embodying the change affecting voting for which section 5 preclearance
is being requested.
(b) A copy of any ordinance, enactment, order, or regulation
embodying the voting standard, practice, or procedure that is proposed
to be repealed, amended, or otherwise changed.
(c) A statement that identifies with specificity each change
affecting voting for which section 5 preclearance is being requested
and that explains the difference between the submitted change and the
prior law or practice. If the submitted change is a special referendum
election and the subject of the referendum is a proposed change
affecting voting, the submission should specify whether preclearance is
being requested solely for the special election or for both the special
election and the proposed change to be voted on in the referendum (see
Sec. Sec. 51.16, 51.22).
(d) The name, title, mailing address, and telephone number of the
person making the submission. Where available, a telefacsimile number
and an e-mail address for the person making the submission also should
be provided.
* * * * *
23. In Sec. 51.28, revise paragraph (a)(5), and revise paragraph
(c) to read as follows:
Sec. 51.28 Supplemental Contents.
* * * * *
(a) * * *
(a)(5) Demographic data on electronic media that are provided in
conjunction with a redistricting plan shall be contained in an ASCII,
comma delimited block equivalency import file with two fields as
detailed in the following table. A separate import file shall accompany
each redistricting plan:
----------------------------------------------------------------------------------------------------------------
Field No. Description Total length Comments
----------------------------------------------------------------------------------------------------------------
1...................... PL94-171 Reference Length................. ....................... STATE215.
Each padded with
leading zeroes
resulting in a
15-digit
character.
COUNTY3T.
RACT6BLOC.
K4.
2...................... District number... 3...................... 3...................... No leading zeros.
----------------------------------------------------------------------------------------------------------------
(i) Field 1: The PL 94-171 reference number is the state, county,
tract, and block reference numbers concatenated together and padded
with leading zeroes so as to create a 15-digit character field; and
(ii) Field 2: The district number is a 3 digit character field with
no padded leading zeroes.
Example:
482979501002099,1; 482979501002100,3; 482979501004301,10;
482975010004305,23; 482975010004302,101
* * * * *
(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 (and deannexations)
subject to the preclearance requirement have been submitted for review,
or a statement that identifies all annexations (and deannexations)
subject to the preclearance requirement that have not been submitted
for review. See Sec. 51.61(b).
(4) To the extent that the jurisdiction elects some or all members
of its governing body from single-member districts, it should inform
the Attorney General how the newly annexed territory will be
incorporated into the existing election districts.
* * * * *
24. In Sec. 51.29, revise paragraphs (b) and (d) to read as
follows:
[[Page 33211]]
Sec. 51.29 Communications concerning voting changes.
* * * * *
(b) Comments should be sent to the Chief, Voting Section, Civil
Rights Division, at the addresses, telefacsimile number, or email
address specified in Sec. 51.24. The first page, and the envelope (if
any) should be marked: ``Comment under section 5 of the Voting Rights
Act.'' Comments should include, where available, the name of the
jurisdiction and the Attorney General's file number (YYYY-NNNN) in the
subject line.
* * * * *
(d) To the extent permitted by the Freedom of Information Act, 5
U.S.C. 552, the Attorney General shall not disclose to any person
outside the Department of Justice the identity of any individual or
entity providing information on a submission or the administration of
section 5 where the individual or entity has requested confidentiality;
an assurance of confidentiality may reasonably be implied from the
circumstances of the communication; disclosure could reasonably be
expected to constitute an unwarranted invasion of personal privacy
under 5 U.S.C. 552; or disclosure is prohibited by any applicable
provisions of federal law.
* * * * *
25. Revise Sec. 51.35 to read as follows:
Sec. 51.35 Disposition of inappropriate submissions and
resubmissions.
(a) When the Attorney General determines that a response on the
merits of a submitted change is inappropriate, the Attorney General
shall notify the submitting official in writing within the 60-day
period that would have commenced for a determination on the merits and
shall include an explanation of the reason why a response is not
appropriate.
(b) Matters that are not appropriate for a merits response include:
(1) Changes that do not affect voting (see Sec. 51.13);
(2) Standards, practices, or procedures that have not been changed
(see Sec. Sec. 51.4, 51.14);
(3) Changes that previously have received preclearance;
(4) Changes that affect voting but are not subject to the
requirement of section 5 (see Sec. 51.18);
(5) Changes that have been superseded or for which a determination
is premature (see Sec. Sec. 51.22, 51.61(b));
(6) Submissions by jurisdictions not subject to the preclearance
requirement (see Sec. Sec. 51.4, 51.5);
(7) Submissions by an inappropriate or unauthorized party or
jurisdiction (see Sec. 51.23); and
(8) Deficient submissions (see Sec. 51.26(d)).
(c) Following such a notification by the Attorney General, a change
shall be deemed resubmitted for section 5 review upon the Attorney
General's receipt of a submission or other written information that
renders the change appropriate for review on the merits (such as a
notification from the submitting authority that a change previously
determined to be premature has been formally adopted). Notice of the
resubmission of a change affecting voting will be given to interested
parties registered under Sec. 51.32.
26. Revise Sec. 51.37 to read as follows:
Sec. 51.37 Obtaining information from the submitting authority.
(a) Written requests for information. (1) If the Attorney General
determines that a submission does not satisfy the requirements of Sec.
51.27, the Attorney General may request in writing from the submitting
authority any omitted information necessary for evaluation of the
submission. Branch v. Smith, 538 U.S. 254 (2003); Georgia v. United
States, 411 U.S. 526 (1973). This written request shall be made as
promptly as possible within the original 60-day period or the new 60-
day period described in Sec. 51.39(a). The written request shall
advise the jurisdiction that the submitted change remains unenforceable
unless and until preclearance is obtained.
(2) A copy of the request shall be sent to any party who has
commented on the submission or has requested notice of the Attorney
General's action thereon.
(3) The Attorney General shall notify the submitting authority that
a new 60-day period in which the Attorney General may interpose an
objection shall commence upon the Attorney General's receipt of a
response from the submitting authority that provides the information
requested or states that the information is unavailable. The Attorney
General can request further information in writing within the new 60-
day period, but such a further request shall not suspend the running of
the 60-day period, nor shall the Attorney General's receipt of such
further information begin a new 60-day period.
(4) Where the response from the submitting authority neither
provides the information requested nor states that such information is
unavailable, the response 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 incomplete and to provide such notification as
soon as possible within the 60-day period that would have commenced had
the response been complete. Where the response includes a portion of
the available information that was requested, the Attorney General will
reevaluate the submission to ascertain whether a determination on the
merits may be made based upon the information provided. If a merits
determination is appropriate, it is the practice of the Attorney
General to make that determination within the new 60-day period that
would have commenced had the response been complete. See Sec. 51.40.
(5) If, after a request for further information is made pursuant to
this section, the information requested by the Attorney General becomes
available to the Attorney General from a source other than the
submitting authority, the Attorney General shall promptly notify the
submitting authority in writing, and the new 60-day period will
commence the day after the information is received by the Attorney
General.
(6) Notice of the written request for further information and the
receipt of a response by the Attorney General will be given to
interested parties registered under Sec. 51.32.
(b) Oral requests for information. (1) If a submission does not
satisfy the requirements of Sec. 51.27, the Attorney General may
request orally any omitted information necessary for the evaluation of
the submission. An oral request may be made at any time within the 60-
day period, and the submitting authority should provide the requested
information as promptly as possible. The oral request for information
shall not suspend the running of the 60-day period, and the Attorney
General will proceed to make a determination within the initial 60-day
period. The Attorney General reserves the right as set forth in Sec.
51.39, however, to commence a new 60-day period in which to make the
requisite determination if the written information provided in response
to such request materially supplements the submission.
(2) An oral request for information shall not limit the authority
of the Attorney General to make a written request for information.
(3) The Attorney General will notify the submitting authority in
writing when the 60-day period for a submission is recalculated from
the Attorney General's receipt of written information provided in
response to an oral request as described in Sec. 51.37(b)(1), above.
[[Page 33212]]
(4) Notice of the Attorney General's receipt of written information
pursuant to an oral request will be given to interested parties
registered under Sec. 51.32.
27. Revise Sec. 51.39 to read as follows:
Sec. 51.39 Supplemental information and related submissions.
(a)(1) Supplemental information. When a submitting authority, at
its own instance, provides information during the 60-day period that
the Attorney General determines materially supplements a pending
submission, the 60-day period for the pending submission will be
recalculated from the Attorney General's receipt of the supplemental
information.
(2) Related submissions. When the Attorney General receives related
submissions during the 60-day period for a submission that cannot be
independently considered, the 60-day period for the first submission
shall be recalculated from the Attorney General's receipt of the last
related submission.
(b) The Attorney General will notify the submitting authority in
writing when the 60-day period for a submission is recalculated due to
the Attorney General's receipt of supplemental information or a related
submission.
(c) Notice of the Attorney General's receipt of supplemental
information or a related submission will be given to interested parties
registered under Sec. 51.32.
28. Revise Sec. 51.42 to read as follows:
Sec. 51.42 Failure of the Attorney General to respond.
It is the practice and intention of the Attorney General to respond
in writing to each submission within the 60-day period. However, the
failure of the Attorney General to make a written response within the
60-day period constitutes preclearance of the submitted change,
provided that a 60-day review period had commenced after receipt by the
Attorney General of a complete submission that is appropriate for a
response on the merits. (See Sec. 51.22, Sec. 51.27, Sec. 51.35.)
29. Revise Sec. 51.43 to read as follows:
Sec. 51.43 Reexamination of decision not to object.
(a) After notification to the submitting authority of a decision
not to interpose an objection to a submitted change affecting voting
has been given, the Attorney General may reexamine the submission if,
prior to the expiration of the 60-day period, information comes to the
attention of the Attorney General that would otherwise require
objection in accordance with section 5.
(b) In such circumstances, the Attorney General may by letter
withdraw his decision not to interpose an objection and may by letter
interpose an objection provisionally, in accordance with Sec. 51.44,
and advise the submitting authority that examination of the change in
light of the newly raised issues will continue and that a final
decision will be rendered as soon as possible.
30. In Sec. 51.44, revise paragraph (c) to read as follows:
Sec. 51.44 Notification of decision to object.
* * * * *
(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 neither has the
purpose nor will have the effect of denying or abridging the right to
vote on account of race, color, or membership in a language minority
group.
* * * * *
31. In Sec. 51.46, revise paragraph (a) to read as follows:
Sec. 51.46 Reconsideration of objection at the instance of the
Attorney General.
(a) Where there appears to have been a substantial change in
operative fact or relevant law, or where it appears there may have been
a misinterpretation of fact or mistake in the law, an objection may be
reconsidered, if it is deemed appropriate, at the instance of the
Attorney General.
* * * * *
32. In Sec. 51.48, revise paragraphs (a) through (d) to read as
follows:
Sec. 51.48 Decision after reconsideration.
(a) It is the practice of the Attorney General to notify the
submitting authority of the decision to continue or withdraw an
objection within a 60-day period following receipt of a reconsideration
request or following notice given under Sec. 51.46(b), except that
this 60-day period shall be recommenced upon receipt of any documents
or written information from the submitting authority that materially
supplements the reconsideration review, irrespective of whether the
submitting authority provides the documents or information at its own
instance or pursuant to a request (written or oral) by the Attorney
General. The 60-day reconsideration period may be extended to allow a
15-day decision period following a conference held pursuant to Sec.
51.47. The 60-day reconsideration period shall be computed in the
manner specified in Sec. 51.9. Where the reconsideration is at the
instance of the Attorney General, the first day of the period shall be
the day after the notice required by Sec. 51.46(b) is transmitted to
the submitting authority. The reasons for the reconsideration decision
shall be stated.
(b) The objection shall be withdrawn if the Attorney General is
satisfied that the change neither has the purpose nor will have the
effect of denying or abridging the right to vote on account of race,
color, or membership in a language 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 neither has the purpose nor will have the effect of denying or
abridging the right to vote on account of race, color, or membership in
a language minority group.
(d) An objection remains in effect until either it is specifically
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.
* * * * *
33. Revise Sec. 51.50 to read as follows:
Sec. 51.50 Records concerning submissions.
(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 electronic 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 letters. The Attorney General shall maintain section
5 notification letters regarding decisions to interpose, continue, or
withdraw an objection.
(c) Computer file. Records of all submissions and their
dispositions by the Attorney General shall be electronically stored.
(d) Copies. The contents of the section 5 submission files in
paper, microfiche, electronic, or other form shall be available for
obtaining copies by the public, pursuant to written request directed to
the Chief, Voting Section, Civil Rights Division, United States
Department of Justice, Washington, DC. Such written request may be
delivered to the addresses or telefacsimile number specified in Sec.
51.24 or by electronic mail to [email protected]. It is the
[[Page 33213]]
Attorney General's intent and practice to expedite, to the extent
possible, requests pertaining to pending submissions. Those who desire
copies of information that has been provided on electronic media will
be provided a copy of that information in the same form as it was
received. Materials that are exempt from inspection under the Freedom
of Information Act, 5 U.S.C. 552(b), may be withheld at the discretion
of the Attorney General. The identity of any individual or entity that
provided information to the Attorney General regarding the
administration of section 5 shall be available only as provided by
Sec. 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.
34. Revise Sec. 51.52 to read as follows:
Sec. 51.52 Basic standard.
(a) Surrogate for the court. Section 5 provides for submission of a
voting change to the Attorney General as an alternative to the seeking
of a 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
neither has the purpose nor will have the effect of denying or
abridging the right to vote on account of race, color, or membership in
a language 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. South Carolina v. Katzenbach, 383 U.S. 301, 328,
335 (1966).
(b) No objection. If the Attorney General determines that the
submitted change neither has the purpose nor will have the effect of
denying or abridging the right to vote on account of race, color, or
membership in a language minority group, no objection shall be
interposed to the change.
(c) Objection. An objection shall be interposed to a submitted
change if the Attorney General is unable to determine that the change
neither has the purpose nor will have the effect of denying or
abridging the right to vote on account of race, color, or membership in
a language minority group. 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
the prohibited discriminatory purpose and effect.
35. Revise Sec. 51.54 to read as follows:
Sec. 51.54 Discriminatory purpose and effect.
(a) Discriminatory purpose. A change affecting voting is considered
to have a discriminatory purpose under section 5 if it is enacted or
sought to be administered with any purpose of denying or abridging the
right to vote on account of race, color, or membership in a language
minority group. The term ``purpose'' in section 5 includes any
discriminatory purpose. 42 U.S.C. 1973c. The Attorney General's
evaluation of discriminatory purpose under section 5 is guided by the
analysis in Village of Arlington Heights v. Metropolitan Housing
Development Corp., 429 U.S. 252 (1977).
(b) Discriminatory effect. 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 effective
exercise of the electoral franchise. Beer v. United States, 425 U.S.
130, 140-42 (1976).
(c) Benchmark. (1) In determining whether a submitted change is
retrogressive the Attorney General will normally compare the submitted
change to the voting practice or procedure in force or 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 subparagraph (c)(4) below, 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 does not operate to make that unprecleared
change a benchmark for any subsequent change submitted by the
jurisdiction.
(4) Where at the time of submission of a change for section 5
review there exists no other lawful 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 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.
(d) Protection of the ability to elect. Any change affecting voting
that has the purpose of or will have the effect of diminishing the
ability of any citizens of the United States on account of race, color,
or membership in a language minority group to elect their preferred
candidates of choice denies or abridges the right to vote within the
meaning of section 5. 42 U.S.C. 1973c.
36. In Sec. 51.55, revise paragraph (a) to read as follows:
Sec. 51.55 Consistency with constitutional and statutory
requirements.
(a) Consideration in general. In making a determination under
section 5, the Attorney General will consider whether the change
neither has the purpose nor will have the effect of denying or
abridging the right to vote on account of race, color, or membership in
a language minority group 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.
* * * * *
37. Revise Sec. 51.57 to read as follows:
Sec. 51.57 Relevant factors.
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; and
(e) The factors set forth in Arlington Heights v. Metropolitan
Housing Development Corp., 429 U.S. 252 (1977), including whether the
impact of the official action bears more heavily on one race than
another, the historical background of the decision, the
[[Page 33214]]
legislative or administrative history, the specific sequence of events
leading up to the submitted change, whether there are departures from
the normal procedural sequence and whether there are substantive
departures from the normal factors considered.
38. In Sec. 51.58, revise paragraph (b) to read as follows:
Sec. 51.58 Representation.
* * * * *
(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 voting in the jurisdiction is racially
polarized and political activities are racially segregated.
(3) The extent to which the voter registration and election
participation of minority voters have been adversely affected by
present or past discrimination.
39. Revise Sec. 51.59 to read as follows:
Sec. 51.59 Redistricting plans.
(a) Relevant factors. In determining whether a submitted
redistricting plan has a prohibited purpose or effect the Attorney
General, in addition to the factors described above, will consider the
following factors (among others):
(1) The extent to which malapportioned districts deny or abridge
the right to vote of minority citizens;
(2) The extent to which minority voting strength is reduced by the
proposed redistricting;
(3) The extent to which minority concentrations are fragmented
among different districts;
(4) The extent to which minorities are over concentrated in one or
more districts;
(5) The extent to which available alternative plans satisfying the
jurisdiction's legitimate governmental interests were considered;
(6) 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; and
(7) The extent to which the plan is inconsistent with the
jurisdiction's stated redistricting standards.
(b) Discriminatory purpose. A determination that a jurisdiction has
failed to establish that the adoption was not motivated by a
discriminatory purpose may not be based solely on a jurisdiction's
failure to adopt the maximum possible number of majority-minority
districts.
40. In Sec. 51.61, revise paragraphs (a) and (b) to read as
follows:
Sec. 51.61 Annexations and deannexations.
(a) Coverage. Annexations and deannexations, even of uninhabited
land, are subject to section 5 preclearance to the extent that they
alter or are calculated to alter the composition of a jurisdiction's
electorate. See, e.g., City of Pleasant Grove v. United States, 479
U.S. 462 (1987). In analyzing annexations and deannexations under
section 5, the Attorney General considers the purpose and effect of the
annexations and deannexations only as they pertain to voting.
(b) Section 5 review. It is the practice of the Attorney General to
review all of a jurisdiction's unprecleared annexations and
deannexations together. See City of Pleasant Grove v. United States,
C.A. No. 80-2589 (D.D.C. Oct. 7, 1981).
* * * * *
41. Revise the Appendix to Part 51 to read as follows:
Appendix to Part 51--Jurisdictions Covered Under Section 4(b) of the
Voting Rights Act, as Amended
The requirements of section 5 of the Voting Rights Act, as
amended, apply in the following jurisdictions. The applicable date
is the date that was used to determine coverage and the date after
which changes affecting voting are subject to the preclearance
requirement. Some jurisdictions, for example, Yuba County,
California, are included more than once because they have been
determined on more than one occasion to be covered under section
4(b).
----------------------------------------------------------------------------------------------------------------
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 Nov. 1, 1972.......... 41 FR 34329........... Aug. 13, 1976.
Township.
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.
[[Page 33215]]
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:
[[Page 33216]]
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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.
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The Voting Section maintains a current list of those
jurisdictions that have maintained successful declaratory judgments
from the United States District Court for the District of Columbia
pursuant to section 4 of the Act on its Web site at http://www.justice.gov/crt/voting.
Dated: May 27, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-13393 Filed 6-10-10; 8:45 am]
BILLING CODE 4410-13-P