§ 51.35 Disposition of inappropriate submissions and resubmissions.

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Code of Federal RegulationsTitle 28. Judicial AdministrationEffective: April 15, 2011 (Approx. 4 pages)

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§ 51.35 Disposition of inappropriate submissions and resubmissions.

Code of Federal RegulationsTitle 28. Judicial AdministrationEffective: April 15, 2011 (Approx. 4 pages)

Code of Federal Regulations

Title 28. Judicial Administration

Chapter I. Department of Justice

Part 51. Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, as Amended (Refs & Annos)

Subpart E. Processing of Submissions

Effective: April 15, 2011

28 C.F.R. § 51.35

§ 51.35 Disposition of inappropriate submissions and resubmissions.

Currentness

(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 § 51.13);

(2) Standards, practices, or procedures that have not been changed (see §§ 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 § 51.18);

(5) Changes that have been superseded or for which a determination is premature (see §§ 51.22, 51.61(b));

(6) Submissions by jurisdictions not subject to the preclearance requirement (see §§ 51.4, 51.5);

(7) Submissions by an inappropriate or unauthorized party or jurisdiction (see § 51.23); and

(8) Deficient submissions (see § 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 § 51.32.

Credits

[Order No. 3262–2011, 76 FR 21246, April 15, 2011]

SOURCE: Order No. 3262–2011, 76 FR 21243; 52 FR 490, Jan. 6, 1987, unless otherwise noted.

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

Current through July 11, 2024, 89 FR 57046. Some sections may be more current. See credits for details.

End of Document

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