CFR > 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 > SUBPART E—Processing of Submissions (§51.33 to §51.50) > 51.35—Disposition of inappropriate submissions and resubmissions.

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(5) Changes that have been superseded or for which a determination is premature (see §§ 51.22, 51.61(b) );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

Code of Federal Regulations

[Order 3262-2011, 76 FR 21246, Apr. 15, 2011]