28 C.F.R. Subpart B—Nature of Coverage
Title 28 - Judicial Administration
(a) The minority language provisions of the Voting Rights Act were added by the Voting Rights Act Amendments of 1975. (1) The requirements of section 4(f)(4) take effect upon publication in the (2) The requirements of section 203(c) take effect upon publication in the (b) Jurisdictions determined to be covered under section 4(f)(4) or section 203(c) are listed, together with the language minority group with respect to which coverage was determined, in the appendix to this part. Any additional determinations of coverage under either section 4(f)(4) or section 203(c) will be published in the [Order 655–76, 41 FR 29998, July 20, 1976, as amended by Order 1246–87, 53 FR 736, Jan. 12, 1988] (a) Coverage formula. Section 4(f)(4) applies to any State or political subdivision in which (1) Over five percent of the voting-age citizens were, on November 1, 1972, members of a single language minority group, (2) Registration and election materials were provided only in English on November 1, 1972, and (3) Fewer than 50 percent of the voting-age citizens were registered to vote or voted in the 1972 Presidential election. All three conditions must be satisfied before coverage exists under section 4(f)(4).1 1 Coverage is based on sections 4(b) (third sentence), 4(c), and 4(f)(3). (b) Coverage may be determined with regard to section 4(f)(4) on a statewide or political subdivision basis. (1) Whenever the determination is made that the bilingual requirements of section 4(f)(4) are applicable to an entire State, these requirements apply to each of the State's political subdivisions as well as to the State. In other words, each political subdivision within a covered State is subject to the same requirements as the State. (2) Where an entire State is not covered under section 4(f)(4), individual political subdivisions may be covered. (a) Coverage formula. There are four ways in which a political subdivision can become subject to section 203(c).2 2 The criteria for coverage are contained in section 203(b). (1) Political subdivision approach. A political subdivision is covered if— (i) More than 5 percent of its voting age citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate. (2) State approach. A political subdivision is covered if— (i) It is located in a state in which more than 5 percent of the voting age citizens are members of a single language minority and are limited-English proficient; (ii) The illiteracy rate of such language minority citizens in the state is higher than the national illiteracy rate; and (iii) Five percent or more of the voting age citizens of the political subdivision are members of such language minority group and are limited-English proficient. (3) Numerical approach. A political subdivision is covered if— (i) More than 10,000 of its voting age citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate. (4) Indian reservation approach. A political subdivision is covered if there is located within its borders all or any part of an Indian reservation— (i) In which more than 5 percent of the voting age American Indian or Alaska Native citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens is higher than the national illiteracy rate. (b) Definitions. For the purpose of determinations of coverage under section 203(c), limited-English proficient means unable to speak or understand English adequately enough to participate in the electoral process; Indian reservation means any area that is an American Indian or Alaska Native area, as defined by the Census Bureau for the purposes of the 1990 decennial census; and illiteracy means the failure to complete the fifth primary grade. (c) Determinations. Determinations of coverage under section 203(c) are made with regard to specific language groups of the language minorities listed in section 203(e). [Order No. 1752–93, 58 FR 35372, July 1, 1993] (a) Section 4(f)(4). A covered State, a political subdivision of a covered State, or a separately covered political subdivision may terminate the application of section 4(f)(4) by obtaining the declaratory judgment described in section 4(a) of the Act. (b) Section 203(c). The requirements of section 203(c) apply until August 6, 2007. A covered jurisdiction may terminate such coverage earlier if it can prove in a declaratory judgment action in a United States district court, that the illiteracy rate of the applicable language minority group is equal to or less than the national illiteracy rate. [Order 655–76, 41 FR 29998, July 20, 1976, as amended by Order 1246–87, 53 FR 736, Jan. 12, 1988; Order No. 1752–93, 58 FR 35373, July 1, 1993] (a) The statutory requirements of section 4(f)(4) and section 203(c) regarding minority language material and assistance are essentially identical. (b) Jurisdictions subject to the requirements of section 4(f)(4)—but not jurisdictions subject only to the requirements of section 203(c)—are also subject to the Act's special provisions, such as section 5 (regarding preclearance of changes in voting laws) and section 6 (regarding Federal examiners).3 3 In addition, a jurisdiction covered under section 203(c) but not under section 4(f)(4) is subject to the Act's special provisions if it was covered under section 4(b) prior to the 1975 Amendments to the Act. (c) Although the coverage formulas applicable to section 4(f)(4) and section 203(c) are different, a political subdivision may be included within both of the coverage formulas. Under these circumstances, a judgment terminating coverage of the jurisdiction under one provision would not have the effect of terminating coverage under the other provision. Where a political subdivision (e.g., a county) is determined to be subject to section 4(f)(4) or section 203(c), all political units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the same requirements as the political subdivision. (a) General. The language provisions of the Act apply to registration for and voting in any type of election, whether it is a primary, general or special election. Section 14(c)(1). This includes elections of officers as well as elections regarding such matters as bond issues, constitutional amendments and referendums. Federal, State and local elections are covered as are elections of special districts, such as school districts and water districts. (b) Elections for statewide office. If an election conducted by a county relates to Federal or State offices or issues as well as county offices or issues, a county subject to the bilingual requirements must insure compliance with those requirements with respect to all aspects of the election, i.e., the minority language material and assistance must deal with the Federal and State offices or issues as well as county offices or issues. (c) Multi-county districts. Regarding elections for an office representing more than one county, e.g., State legislative districts and special districts that include portions of two or more counties, the bilingual requirements are applicable on a county-by-county basis. Thus, minority language material and assistance need not be provided by the government in counties not subject to the bilingual requirements of the Act.
Title 28: Judicial Administration
PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS
Subpart B—Nature of Coverage
§ 55.4 Effective date; list of covered jurisdictions.
§ 55.5 Coverage under section 4(f)(4).
§ 55.6 Coverage under section 203(c).
§ 55.7 Termination of coverage.
§ 55.8 Relationship between section 4(f)(4) and section 203(c).
§ 55.9 Coverage of political units within a county.
§ 55.10 Types of elections covered.
