[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR55.2]

[Page 118-119]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 55--IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 55.2  Purpose; standards for measuring compliance.

    (a) The purpose of this part is to set forth the Attorney General's 
interpretation of the provisions of the Voting Rights Act which require 
certain States and political subdivisions to conduct elections in the 
language of certain ``language minority groups'' in addition to English.
    (b) In the Attorney General's view the objective of the Act's 
provisions is to enable members of applicable language minority groups 
to participate effectively in the electoral process. This part 
establishes two basic standards by which the Attorney General will 
measure compliance:
    (1) That materials and assistance should be provided in a way 
designed to allow members of applicable language

[[Page 119]]

minority groups to be effectively informed of and participate 
effectively in voting-connected activities; and
    (2) That an affected jurisdiction should take all reasonable steps 
to achieve that goal.
    (c) The determination of what is required for compliance with 
section 4(f)(4) and section 203(c) is the responsibility of the affected 
jurisdiction. These guidelines should not be used as a substitute for 
analysis and decision by the affected jurisdiction.
    (d) Jurisdictions covered under section 4(f)(4) of the Act are 
subject to the preclearance requirements of section 5. See part 51 of 
this chapter. Such jurisdictions have the burden of establishing to the 
satisfaction of the Attorney General or to the U.S. District Court for 
the District of Columbia that changes made in their election laws and 
procedures in order to comply with the requirements of section 4(f)(4) 
are not discriminatory under the terms of section 5. However, section 5 
expressly provides that the failure of the Attorney General to object 
does not bar any subsequent judicial action to enjoin the enforcement of 
the changes.
    (e) Jurisdictions covered solely under section 203(c) of the Act are 
not subject to the preclearance requirements of section 5, nor is there 
a Federal apparatus available for preclearance of section 203(c) 
compliance activities. The Attorney General will not preclear 
jurisdictions' proposals for compliance with section 203(c).
    (f) Consideration by the Attorney General of a jurisdiction's 
compliance with the requirements of section 4(f)(4) occurs in the review 
pursuant to section 5 of the Act of changes with respect to voting, in 
the consideration of the need for litigation to enforce the requirements 
of section 4(f)(4), and in the defense of suits for termination of 
coverage under section 4(f)(4). Consideration by the Attorney General of 
a jurisdiction's compliance with the requirements of section 203(c) 
occurs in the consideration of the need for litigation to enforce the 
requirements of section 203(c).
    (g) In enforcing the Act--through the section 5 preclearance review 
process, through litigation, and through defense of suits for 
termination of coverage under section 4(f)(4)--the Attorney General will 
follow the general policies set forth in this part.
    (h) This part is not intended to preclude affected jurisdictions 
from taking additional steps to further the policy of the Act. By virtue 
of the Supremacy Clause of Art. VI of the Constitution, the provisions 
of the Act override any inconsistent State law.

[Order 655-76, 41 FR 29998, July 20, 1976, as amended by Order 1246-87, 
53 FR 736, Jan. 12, 1988]