Revision of Voting Rights Procedures, 21239-21252 [2011-9083]

Agencies

• Department of Justice

[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Rules and Regulations]
[Pages 21239-21252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9083]


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DEPARTMENT OF JUSTICE

28 CFR Parts 0 and 51

[CRT Docket No. 120; AG Order No. 3262-2011]


Revision of Voting Rights Procedures

AGENCY: Civil Rights Division, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Attorney General finds it necessary to revise the 
Department of Justice's ``Procedures for the Administration of section 
5 of the Voting Rights Act of 1965.'' The revisions are needed 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 interested members of the 
public concerning current Department practices. Proposed revised 
Procedures were published for comment on June 11, 2010, and a 60-day 
comment period was provided.

DATES: The rule will be effective on April 15, 2011.

FOR FURTHER INFORMATION CONTACT: T. Christian Herren, Jr., 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: 

Discussion

    Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c, requires certain jurisdictions (listed in the Appendix) to 
obtain ``preclearance'' from either the United States District Court 
for the District of Columbia or the United States Attorney General 
before implementing any new standard, practice, or procedure that 
affects voting.
    Procedures for the Attorney General's Administration of section 5 
were first published in 1971. Proposed Procedures were published for 
comment on May 28, 1971 (36 FR 9781), and the final Procedures were 
published on September 10, 1971 (36 FR 18186). As a result of the 
Department's experience under the 1971 Procedures, changes mandated by 
the 1975 Amendments to the Voting Rights Act, and interpretations of 
section 5 contained in judicial decisions, proposed revised Procedures 
were published for comment on March 21, 1980 (45 FR 18890), and final 
revised Procedures were published on January 5, 1981 (46 FR 870) 
(corrected at 46 FR 9571, Jan. 29, 1981). As a result of further 
experience under the 1981 Procedures, specifically with respect to 
redistricting plans adopted following the 1980 Census, changes mandated 
by the 1982 Amendments to the Voting Rights Act, and judicial decisions 
in cases involving section 5, revised Procedures were published for 
comment on May 6, 1985 (50 FR 19122), and final revised Procedures were 
published on January 6, 1987 (52 FR 486).
    In the twenty-four years since the previous revisions became final, 
the Attorney General has had further experience in the consideration of 
voting changes; the courts have issued a number of important decisions 
in cases involving section 5, and Congress enacted the 2006 amendments 
to the Voting Rights Act. This new revision reflects these 
developments.

Comments

    In response to the Notice of Proposed Rulemaking (``Notice'') 
published on June 11, 2010 (75 FR 33205), we received comments from or 
on behalf of two national public interest organizations, one research 
and educational institution, one national political organization 
composed of attorneys, and one individual. All comments received are 
available for inspection and copying at www.regulations.gov and at the 
Voting Section, Civil Rights Division, Department of Justice, 
Washington DC 20530.
    The comments received expressed diverse views and were of great 
assistance in the preparation of these final revisions to the 
Procedures. The final revised Procedures reflect our consideration of 
the comments as well as further consideration of sections or topics 
that were not the subject of comments.

Section 51.2 Definitions

    The purpose of the revision to the definition of ``change affecting 
voting'' or ``change'' is to clarify the definition of the benchmark 
standard, practice, or procedure. One commenter recommended we revise 
this section to reflect that the benchmark is the standard, practice, 
or procedure in force or effect at the time of the submission or the 
last legally enforceable standard, practice, or procedure in force or 
effect in the jurisdiction. We have concluded that no further revision 
of this section is warranted. The Voting Section's practice is to 
compare the proposed standard, practice, or procedure to the benchmark. 
Generally, the benchmark is the standard, practice, or procedure that 
has been: (1) Unchanged since the jurisdiction's coverage date; or (2) 
if changed since that date, found to comply with section 5 and ``in 
force or effect.'' Riley v. Kennedy, 553 U.S. 406, 421 (2008); 
Procedures for the Administration of Section 5 of the Voting Rights Act 
of 1965, 28 CFR 51.54. Where there is an unsubmitted intervening 
change, the Attorney General will make no determination concerning the 
submitted change because of the prior unsubmitted change. In such 
instances, it is our practice to inform the jurisdiction there is a 
prior related change that has not been submitted and that simultaneous 
review is required. A standard, practice, or procedure that has been 
reviewed and determined to meet section 5 standards is considered to be 
in force or effect, even if the jurisdiction never implements the 
change because the change is effective as a matter of federal law and 
was available for use.

Section 51.3 Delegation of Authority

    The purpose of the revisions to the delegation of authority is to 
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, and to conform the Procedures to other parts of Title 28. Two 
commenters objected to the revisions, expressing concern that the 
delegation of the functions of the Chief to supervisory attorneys in 
the Voting Section results in the delegation of section 5 legal review 
authority to non-politically appointed attorneys subordinate to the 
Section Chief.

[[Page 21240]]

    The concerns of these commenters are unfounded. The delegation of 
authority in these Procedures is similar to existing delegations. For 
example, pursuant to the appendix to 28 CFR Part 0, Subpart J, the 
Chief may authorize the Deputy Chief to act on his or her behalf. 
Moreover, under the revised Procedures, the Chief needs the concurrence 
of the Assistant Attorney General, who is a presidential appointee, to 
designate supervisory attorneys to perform section 5 functions. 
Accordingly, we decline to revise the section further.

Section 51.9 Computation of Time

    The purpose of the revisions to this section is to clarify that the 
review period commences when a submission is received by the Department 
officials responsible for conducting section 5 reviews and to clarify 
the date of the response.
    One commenter objected to the commencement of the 60-day review 
period upon receipt of the submission by the Voting Section or the 
Office of the Assistant Attorney General of the Civil Rights Division 
as an unwarranted extension of the 60-day review period. The Federal 
Rules of Civil Procedure provide for the designation of a Department 
clerical employee to receive summonses on behalf of the Attorney 
General. Fed. R. Civ. P. 4(i)(1)(A)(i). Similarly, and for the same 
purpose of prompt and efficient routing, the Attorney General has 
designated both the Voting Section and the Office of the Assistant 
Attorney General of the Civil Rights Division as the proper recipients 
for section 5 submissions.
    The Department has made one additional edit to this section. As set 
forth in the Notice and as described below, a second paragraph is being 
added to Sec.  51.37 (Obtaining information from the submitting 
authority). To ensure consistency, the reference to Sec.  51.37, 
contained in previous versions of the Procedures, is amended to Sec.  
51.37(b),

Section 51.13 Examples of Changes

    The purpose of this revision is to clarify that the dissolution or 
merger of voting districts, de facto elimination of an elected office, 
and reallocations of authority to adopt or administer voting practices 
or procedures are all subject to section 5 review.
    One commenter suggested that we add the extension of a term of 
office for an elected official as an example of a covered change in 
paragraph (i). We concluded that including this example would provide 
additional clarity. To the extent that the extension of an elected 
official's term is a discretionary change that affects the next 
regularly scheduled election for that office, there is no question that 
it constitutes a ``change affecting voting'' covered by section 5. 
Additionally, extending the term of a particular office affects the 
ability of voters to elect candidates of choice at regularly scheduled 
intervals.
    The commenter also suggested that paragraph (k), which provides 
that changes affecting the right or ability of persons to participate 
in ``political campaigns'' are covered under section 5, be expanded to 
include ``campaigns or other pre-election activity.'' We agreed that 
the phrase ``political campaigns,'' without any elaboration, may carry 
partisan connotations not envisioned by the statute. Additionally, 
``political campaigns'' may not include all pre-election activity 
related to voting, and a somewhat broader construction is consistent 
with the broad scope given to ``changes affecting voting'' covered 
under section 5. Such changes include any ``voting qualification or 
prerequisite to voting or standard, practice, or procedure'' related to 
the right to vote, 42 U.S.C. 1973(a), and the Supreme Court has 
recognized that voting includes ``all action necessary to make a vote 
effective.'' Allen v. State Board of Elections, 393 U.S. 544, 566 
(1969) (quoting 42 U.S.C. 1973l). As a result, section 5 coverage 
extends to ``subtle, as well as the obvious,'' changes affecting 
voting. Allen, 393 U.S. at 565.
    Using the phrase ``pre-election activity,'' by itself, however, is 
too general and nebulous. As a result, we have revised the paragraph to 
reflect that any change affecting the right or ability of persons to 
participate in pre-election activity, such as political campaigns, is 
subject to review under section 5.
    Another commenter objected to the inclusion of paragraph (l) as an 
example of changes affecting voting, stating that this change did not 
fall within the scope of section 5 coverage. A change in the voting-
related authority of an official or governmental entity does alter 
election law and change rules governing voting. Thus, such changes meet 
the test of voting relatedness that is at the core of the Court's 
decision in Presley v. Etowah County Commission, 502 U.S. 491 (1992). 
In addition, a conclusion that such changes are not covered arguably 
would be inconsistent with the well-established rule that section 5 
covers state enabling legislation that transfers authority to adopt a 
voting change from the state to its subjurisdictions. See Allen v. 
State Board of Elections, 393 U.S. 544 (1969) (holding that section 5 
covered a Mississippi statute that granted county boards of supervisors 
the authority to change board elections from single-member districts to 
at-large voting).

Section 51.18 Federal Court-Ordered Changes

    The purpose of the revisions to this section is to clarify the 
principle that section 5 review ordinarily should precede other forms 
of court review, that a court-ordered change that initially is not 
subject to section 5 may become covered through subsequent actions 
taken by the affected jurisdiction, and that the interim use of an 
covered change before it is established that such change complies with 
section 5 should be ordered by a court only in emergency circumstances.
    One commenter opposed the changes contained in the section stating 
that the revisions appear to grant federal courts greater authority 
than the case law recognizes to implement voting changes that are 
subject to, but not yet reviewed under, section 5 on an emergency 
basis. Although that was not the intent of the revisions, we have 
modified Sec.  51.18(a) to clarify that it reflects existing judicial 
precedent. After further consideration, we believe that, other than 
renumbering the paragraph as Sec.  51.18(d), it is appropriate not to 
make any change to Sec.  51.18(c) as it currently exists in the 
Procedures.

Section 51.28 Supplemental Contents

    The proposed revision to paragraph (a) was omitted from the June 
11, 2010, Notice of Proposed Rulemaking in error. The purpose of the 
revision is to make purely technical changes to the format in which 
information may be submitted to the Attorney General electronically. In 
addition, since the publication of the Notice, the Census Bureau has 
renamed the 15-character geographic identifier specified in paragraph 
(b); the final Procedures reflect this change in nomenclature.

Section 51.29 Communications Concerning Voting Changes

    The purpose of the revisions to this section is to clarify the 
addresses and methods by which persons may provide written comments on 
section 5 submissions and to clarify the circumstances in which the 
Department may withhold the identity of those providing comments on 
section 5 submissions.
    One commenter objected to the nondisclosure of the identity of an 
individual or entity where an assurance of confidentiality may 
reasonably be implied from the circumstances of the communication. The 
Department believes, however, that communications

[[Page 21241]]

where confidentiality can reasonably be implied are within the scope of 
information that ``could reasonably be expected to disclose the 
identity of a confidential source.'' 5 U.S.C. 552(b)(7). Accordingly, 
this determination about confidentiality is within the scope of Section 
552(b) concerning exemptions under both the Freedom of Information and 
the Privacy Acts.

Section 51.37 Obtaining Information From the Submitting Authority

    The purpose of the revisions to this section is to clarify the 
procedures for the Attorney General to make oral and written requests 
for additional information regarding a section 5 submission.
    One commenter recommended that we revise the paragraph concerning 
oral requests to make clear that the Attorney General reserves the 
authority to restart the 60-day review period upon receipt of material 
provided in response to the Attorney General's first such request made 
with respect to a submission, and that responses to an oral request do 
not affect the running of the 60-day period once a written request for 
information is made.
    We declined to amend the proposed language regarding responses to 
an oral request because as the Procedures currently exist the Attorney 
General may request further information within the new 60-day period 
following the receipt of a response from the submitting authority to an 
earlier written request, but such a request shall not suspend the 
running the 60-day period, nor shall the Attorney General's receipt of 
such further information begin a new 60-day period. Moreover, Sec.  
51.39 provides that we may determine that information supplied in 
response to an oral request in the initial review period materially 
supplements the pending request such that it does extend the 60-day 
period.
    We did conclude, however, on the basis of the comment that we 
received, that a reordering of the paragraphs would add clarity to the 
section and make it more useful.

Section 51.40 Failure To Complete Submissions

    As described above, the paragraphs of Sec.  51.37 are being 
reordered. To ensure consistency, the reference to Sec.  51.37(a) in 
previous versions of the Procedures is amended to Sec.  51.37(b).

Section 51.48 Decision After Reconsideration

    The purpose of the revisions to this section is to 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 to the Act.
    One commenter objected to the revisions in paragraph (a), 
expressing a concern that the revisions permit the Attorney General to 
exceed 60 days for the reconsideration of an objection. Section 51.48 
provides that the 60-day reconsideration period may be extended to 
allow a 15-day decision period following a conference held pursuant to 
Sec.  51.47. Moreover, the courts have held that when a submitting 
jurisdiction deems its initial submission on a reconsideration request 
to be inadequate and decides to supplement it, the 60-day period is 
commenced anew. The purpose of this interpretation is to provide the 
Attorney General time to give adequate consideration to materials 
submitted in piecemeal fashion. City of Rome v. United States, 446 U.S. 
156, 171 (1980).

Section 51.50 Records Concerning Submissions

    The purpose of the revision to this section is to clarify the 
procedures regarding access to section 5 records. One commenter opposed 
the changes to paragraph (b) and conveyed concerns that these changes 
will result in the removal of record keeping with regard to objection 
files.
    Under paragraph (a), the Voting Section continues to maintain a 
section 5 file for each submission, including objection files. 
Accordingly, all appropriate records continue to be maintained with 
regard to all section 5 submissions.

Section 51.52 Basic Standard

    The purpose of the revision to this section is to clarify the 
substantive standard so as to reflect the 2006 amendments to the Act 
and the manner in which the Attorney General will evaluate submissions 
under section 5.
    One commenter suggested that paragraph (a) be amended further to 
reflect the fact that the Attorney General ``shall apply the same 
standard of review,'' instead of ``shall make the same determination,'' 
that would be made by a court in an action for a declaratory judgment 
under section 5. The section refers to making a ``determination'' as 
the activity that both the Attorney General and the district court 
undertake, i.e., deciding whether the change complies with section 5, 
as opposed to the resulting substantive decision. Therefore, we 
concluded that no further revision to the paragraph is warranted.
    Another commentator suggested we replace ``purpose and effect'' 
with ``purpose or effect'' in paragraph (c). Although we decided not to 
incorporate the commentator's exact change, we did decide that further 
refinement of the paragraph would provide more clarity. Therefore, the 
paragraph will reflect that in 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 both the 
prohibited discriminatory purpose and effect, the Attorney General will 
interpose an objection. Evers v. State Board of Election Commissioners, 
327 F. Supp. 640 (S.D. Miss 1971).

Section 51.54 Discriminatory Purpose and Effect

    One commenter suggested various minor edits to the proposed 
language. We declined to make these changes. The proposed language 
reflects our extensive experience gained over the years in our 
administrative review of section 5 changes, while avoiding redundancy.
    We did edit the language of paragraph (c) to reflect that the 
statutory language refers to a change in a standard, practice, or 
procedure affecting voting, not only a practice or procedure.

Section 51.57(e) Relevant Factors

    One commenter suggested that we include ``contemporaneous 
statements and viewpoints held by decision-makers'' in the list of 
relevant factors. Such statements are an evidentiary source cited by 
the Court in its opinion in Village of Arlington Heights v. 
Metropolitan Housing Development Corp., 429 U.S. 252, 268 (1977), and 
therefore we have revised the section to reflect the Court's holding 
more completely.

Section 51.58(b)(2) Background Factors

    One commenter suggested that this paragraph be revised to state 
that whether ``election-related activities,'' instead of ``political 
activities,'' are racially segregated or exclusionary constitutes 
important background information when making section 5 determinations. 
The proposed paragraph provided that the Attorney General will consider 
the ``extent to which voting in the jurisdiction is racially polarized 
and political activities are racially segregated.'' Courts in cases 
assessing whether the constitutional guarantees afforded to persons to 
exercise the franchise without discrimination have been infringed have 
often used the words ``electoral'' and ``political'' as synonyms for 
each other. See, e.g., Harper v. Virginia State Board of Elections, 383 
U.S. 663, 667-68

[[Page 21242]]

(1966); see also Johnson v. Miller, 864 F. Supp. 1354, 1386-87 (S.D. 
Ga. 1994) (considering a claim under section 2 of the Voting Rights 
Act). These terms are similarly synonymous with respect to section 5, 
which also concerns the ability of voters to participate in the 
electoral process. After careful consideration of the comment, we 
determined that ``election-related activities'' provides greater 
clarity than ``political activities'' and revised the section 
accordingly.

Section 51.59 Redistricting Plans

    Two commenters recommended various additions or deletions to 
paragraph 51.59(a). Because these factors are not intended to be 
exhaustive, not all factors are listed. Rather, the factors that are 
listed are illustrative, intended to provide guidance to jurisdictions 
regarding redistricting plans.
    Other commenters suggested we delete or revise certain previously 
existing factors described in the paragraph. The Attorney General has, 
however, repeatedly cited factors identified in the section in past 
objection letters. Additionally, courts have cited ``traditional 
redistricting principles,'' such as preserving recognized communities 
of interest and maintaining political and geographical boundaries, as 
relevant factors in a section 5 analysis. Colleton County Council v. 
McConnell, 201 F. Supp. 2d 618, 647 (D.S.C. 2002) (citing S.C. State 
Conference of Branches of the NAACP v. Riley, 533 F. Supp. 1178, 1180 
(D.S.C.), aff'd, 459 U.S. 1025 (1982)). See generally Guidance 
Concerning Redistricting Under Section 5 of the Voting Rights Act, 76 
FR 7470, 7472 (2011).
    One commenter suggested we amend paragraph 51.59(a)(7) to focus on 
whether a proposed plan is inconsistent with the jurisdiction's ``long-
held'' redistricting standards, instead of the jurisdiction's ``stated 
standards.'' The commenter believes that by adding the term ``long-
held,'' jurisdictions will be discouraged from adopting ad hoc 
redistricting principles to insulate a redistricting plan during 
section 5 review. The current factors, particularly with regards to 
discriminatory purpose, encapsulate scenarios where a jurisdiction 
adopts pretextual or unusual redistricting criteria. The Procedures 
should not be interpreted to discourage jurisdictions from considering 
traditional redistricting principles such as one-person, one-vote, or 
maintaining natural political or geographic boundaries, even if they 
have not done so in the past. Bush v. Vera, 517 U.S. 952, 980-81 
(1996). Therefore, we decline to revise these factors further.

Section 51.59(b) Discriminatory Purpose

    Several commenters suggested this paragraph be revised in the 
interest of clarity. After reviewing the language, we agreed that it 
did not clearly reflect the relevant case law on this point and that 
some clarification would be helpful. We revised the paragraph 
accordingly.

Additional Provisions

    One commenter suggested the addition of several provisions related 
to the substantive standards to be employed during the review of 
redistricting plans. The proposed revisions go beyond the scope of 
these Procedures.

Administrative Procedure Act

    This rule 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 was not required, we nonetheless chose to 
offer the 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), Regulatory Planning and 
Review, and accordingly this rule has not been reviewed by the Office 
of Management and Budget. The amendments made by this rule 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 
amendments describe longstanding practices of the Attorney General in 
his review of section 5 submissions.

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. 
1973b, 1973c, the following amendments are made to Chapter I of Title 
28 of the Code of Federal Regulations:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
1. The authority citation for Part 0 continues to read as follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510.

Subpart J--Civil Rights Division

0
2. In Sec.  0.50, revise paragraph (h) to read as follows:

[[Page 21243]]

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).
* * * * *

PART 51--PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE 
VOTING RIGHTS ACT OF 1965.

0
3. The authority citation for Part 51 is revised to read as follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510, and 42 U.S.C. 
1973b, 1973c.


0
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
* * * * *

0
5. In Sec.  51.2, revise the definition for ``Act''; remove the 
definition of ``Change affecting voting''; and add a new definition of 
``Change affecting voting or change'' in alphabetical order 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 
of 2006, 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.
* * * * *

0
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 supervisory attorneys in the Voting Section to perform the 
functions of the Chief.

0
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, C[eacute]sar E. Ch[aacute]vez, Barbara C. Jordan, William C. 
Vel[aacute]squez, and Dr. Hector P. Garcia Voting Rights Act 
Reauthorization and Amendments Act of 2006 (VRARA), which amendments 
became effective on July 27, 2006. See section 4(a)(8) of the VRARA.
    (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.

0
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.

0
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 of a resubmission (see Sec.  
51.35), information provided in response to a written request for 
additional information (see Sec.  51.37(b)), 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, email, 
or other electronic means, or delivering it in person to a 
representative of the submitting authority.

0
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.
* * * * *

0
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

[[Page 21244]]

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.

0
12. Revise Sec.  51.12 to read as follows:


Sec.  51.12  Scope of requirement.

    Except as provided in Sec.  51.18 (Federal 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.

0
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 or extending 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 pre-election activities, such as 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.

0
14. Revise 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). (See also Sec.  51.22.)
    (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 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. A Federal court's authorization of the 
emergency interim use without preclearance of a voting change does not 
exempt from section 5 review any use of that practice not explicitly 
authorized by the court.

0
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 email address specified in 
Sec.  51.24. Such notification will not be considered a submission 
under section 5.

0
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.

0
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.

0
18. Revise Sec.  51.22 to read as follows:

[[Page 21245]]

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.)

0
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).

0
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 
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 website of 
the Voting Section of the Civil Rights Division at www.justice.gov/crt/voting/. Detailed instructions appear on the website. 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) Email. Submissions may not be delivered to the Attorney General 
by email in the first instance. However, after a submission is received 
by the Attorney General, a jurisdiction may supply additional 
information on that submission by email to vot1973c@usdoj.gov. The 
subject line of the email 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 
website at www.justice.gov/crt/voting/.

0
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 email address specified in Sec.  51.24. The 
submission shall be deemed withdrawn upon the Attorney General's 
receipt of the notice.
* * * * *

0
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 email address for the person making the submission also should 
be provided.
* * * * *

0
23. In Sec.  51.28, revise paragraph (a)(5), add (a)(6), and revise 
paragraph (c) to read as follows:


Sec.  51.28  Supplemental contents.

* * * * *
    (a) * * *
    (5) Demographic data on electronic media that are provided in 
conjunction

[[Page 21246]]

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 number:               15  .....................................
                               GEOID10.
2...........................  District Number............               3  No leading zeroes.
----------------------------------------------------------------------------------------------------------------

     (i) Field 1: The PL 94-171/GEOID10 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

    (6) Demographic data on magnetic media that are provided in 
conjunction with a redistricting can be provided in shapefile (.shp) 
spatial data format.
    (i) The shapefile shall include at a minimum the main file, index 
file, and dBASE table.
    (ii) The dBASE table shall contain a row for each census block. 
Each census block will be identified by the state, county, tract and 
block identifier [GEOID10] as specified by the Bureau of Census. Each 
row shall identify the district assignment and relevant population for 
that specific row.
    (iii) The shapefile should include a projection file (.prj).
    (iv) The shapefile should be sent in NAD 83 geographic projection. 
If another projection is used, it should be described fully.
* * * * *
    (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.
* * * * *

0
24. In Sec.  51.29, revise paragraphs (b) and (d) to read as follows:


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.
* * * * *

0
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.

0
26. Revise Sec.  51.37 to read as follows:


Sec.  51.37  Obtaining information from the submitting authority.

    (a) 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.

[[Page 21247]]

    (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(a)(1), above.
    (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.
    (b) 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.

0
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.

0
28. Revise Sec.  51.40 to read as follows:


Sec.  51.40  Failure to complete submissions.

    If after 60 days the submitting authority has not provided further 
information in response to a request made pursuant to Sec.  51.37(b), 
the Attorney General, absent extenuating circumstances and consistent 
with the burden of proof under section 5 described in Sec.  51.52(a) 
and (c), may object to the change, giving notice as specified in Sec.  
51.44.

0
29. 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.)

0
30. 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.

0
31. 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.
* * * * *

0
32. In Sec.  51.46, revise paragraph (a) to read as follows:

[[Page 21248]]

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.
* * * * *

0
33. 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