[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: 28CFR55.6]

[Page 120]
 
                    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 B--Nature of Coverage
 
Sec. 55.6  Coverage under section 203(c).

    (a) Coverage formula. There are four ways in which a political 
subdivision can become subject to section 203(c).\2\
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    \2\ The criteria for coverage are contained in section 203(b).
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    (1) Political subdivision approach. A political subdivision is 
covered if--
    (i) More than 5 percent of its voting age citizens are members of a 
single language minority group and are limited-English proficient; and
    (ii) The illiteracy rate of such language minority citizens in the 
political subdivision is higher than the national illiteracy rate.
    (2) State approach. A political subdivision is covered if--
    (i) It is located in a state in which more than 5 percent of the 
voting age citizens are members of a single language minority and are 
limited-English proficient;
    (ii) The illiteracy rate of such language minority citizens in the 
state is higher than the national illiteracy rate; and
    (iii) Five percent or more of the voting age citizens of the 
political subdivision are members of such language minority group and 
are limited-English proficient.
    (3) Numerical approach. A political subdivision is covered if--
    (i) More than 10,000 of its voting age citizens are members of a 
single language minority group and are limited-English proficient; and
    (ii) The illiteracy rate of such language minority citizens in the 
political subdivision is higher than the national illiteracy rate.
    (4) Indian reservation approach. A political subdivision is covered 
if there is located within its borders all or any part of an Indian 
reservation--
    (i) In which more than 5 percent of the voting age American Indian 
or Alaska Native citizens are members of a single language minority 
group and are limited-English proficient; and
    (ii) The illiteracy rate of such language minority citizens is 
higher than the national illiteracy rate.
    (b) Definitions. For the purpose of determinations of coverage under 
section 203(c), limited-English proficient means unable to speak or 
understand English adequately enough to participate in the electoral 
process; Indian reservation means any area that is an American Indian or 
Alaska Native area, as defined by the Census Bureau for the purposes of 
the 1990 decennial census; and illiteracy means the failure to complete 
the fifth primary grade.
    (c) Determinations. Determinations of coverage under section 203(c) 
are made with regard to specific language groups of the language 
minorities listed in section 203(e).

[Order No. 1752-93, 58 FR 35372, July 1, 1993]

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