Revision of the Procedures for the Administration of Section 5 of the Voting Rights Act, 33205-33216 [2010-13393]

Agencies

• Department of Justice

[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Proposed Rules]
[Pages 33205-33216]
From the Federal Register Online via the Government Printing 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: https://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 https://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 
https://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 https://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 vot1973c@usdoj.gov. 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 https://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 Voting.Section@usdoj.gov. 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