28 C.F.R. Subpart C—Contents of Submissions
Title 28 - Judicial Administration
(a) The source of any information contained in a submission should be identified. (b) Where an estimate is provided in lieu of more reliable statistics, the submission should identify the name, position, and qualifications of the person responsible for the estimate and should briefly describe the basis for the estimate. (c) Submissions should be no longer than is necessary for the presentation of the appropriate information and materials. (d) The Attorney General will not accept for review any submission that fails to describe the subject change in sufficient particularity to satisfy the minimum requirements of §51.27(c). (e) A submitting authority that desires the Attorney General to consider any information supplied as part of an earlier submission may incorporate such information by reference by stating the date and subject matter of the earlier submission and identifying the relevant information. (f) Where information requested by this subpart is relevant but not known or available, or is not applicable, the submission should so state. (g) The following Office of Management and Budget control number under the Paperwork Reduction Act applies to the collection of information requirements contained in these Procedures: OMB No. 1190–0001 (expires February 28, 1994). See 5 CFR 1320.13. [52 FR 490, Jan. 6, 1987, as amended by Order No. 1284–88, 53 FR 25327, July 6, 1988; Order No. 1498–91, 56 FR 26032, June 6, 1991] Each submission should contain the following information or documents to enable the Attorney General to make the required determination pursuant to section 5 with respect to the submitted change affecting voting: (a) A copy of any ordinance, enactment, order, or regulation embodying a change affecting voting. (b) A copy of any ordinance, enactment, order, or regulation embodying the voting practice that is proposed to be repealed, amended, or otherwise changed. (c) If the change affecting voting either is not readily apparent on the face of the documents provided under paragraphs (a) and (b) of this section or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior and proposed situation with respect to voting. (d) The name, title, address, and telephone number of the person making the submission. (e) The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. (f) If the submission is not from a State or county, the name of the county and State in which the submitting authority is located. (g) Identification of the person or body responsible for making the change and the mode of decision (e.g., act of State legislature, ordinance of city council, administrative decision by registrar). (h) A statement identifying the statutory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. (i) The date of adoption of the change affecting voting. (j) The date on which the change is to take effect. (k) A statement that the change has not yet been enforced or administered, or an explanation of why such a statement cannot be made. (l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. (m) A statement of the reasons for the change. (n) A statement of the anticipated effect of the change on members of racial or language minority groups. (o) A statement identifying any past or pending litigation concerning the change or related voting practices. (p) A statement that the prior practice has been precleared (with the date) or is not subject to the preclearance requirement and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an explanation of why such statements cannot be made. (q) For redistrictings and annexations: the items listed under §51.28 (a)(1) and (b)(1); for annexations only: the items listed under §51.28(c)(3). (r) Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Such information may include items listed in §51.28 and is most likely to be needed with respect to redistrictings, annexations, and other complex changes. In the interest of time such information should be furnished with the initial submission relating to voting changes of this type. When such information is required, but not provided, the Attorney General shall notify the submitting authority in the manner provided in §51.37. Review by the Attorney General will be facilitated if the following information, where pertinent, is provided in addition to that required by §51.27. (a) Demographic information. (1) Total and voting age population of the affected area before and after the change, by race and language group. If such information is contained in publications of the U.S. Bureau of the Census, reference to the appropriate volume and table is sufficient. (2) The number of registered voters for the affected area by voting precinct before and after the change, by race and language group. (3) Any estimates of population, by race and language group, made in connection with the adoption of the change. (4) Demographic data provided on magnetic media shall be based upon the Bureau of the Census Public Law 94–171 file unique block identity code of state, county, tract, and block. (5) Demographic data on magnetic media that are provided in conjunction with a redistricting shall be contained in a table of equivalencies giving the census block to district assignments in the following format: (i) Each census block record (including those with zero population) will be followed by one or more additional fields indicating the district assignment for the census block in one or more plans. (ii) All district assignments in the plan fields shall be right justified and blank filled if the assignment is less than four characters. (iii) The file structure shall be as follows: (iv) State and county shall be identified using the Federal Information Processing Standards (FIPS–55) code. (v) Census tracts shall be left justified, and census blocks shall be left justified and blank filled if less than four characters. (vi) Unused plan fields shall be blank filled. (vii) In addition to the information identified in §51.20 (c) through (e), the documentation file accompanying the block level equivalency file shall contain the following information: (A) The file structure. (B) The total number of plans. (C) For each plan field, an identification of the plan (e.g., state senate, congressional, county board, city council, school board) and its status or nature (e.g., plan currently in effect, adopted plan, alternative plan and sponsors). (D) The number of districts in each plan field. (E) Whether the plan field contains a complete or partial plan. (F) Any additional information the jurisdiction deems relevant such as bill number, date of adoption, etc., and a listing of any modifications the submitting authority has made that alter the structure of the TIGER/line geographic file. (b) Maps. Where any change is made that revises the constituency that elects any office or affects the boundaries of any geographic unit or units defined or employed for voting purposes (e.g., redistricting, annexation, change from district to at-large elections) or that changes voting precinct boundaries, polling place locations, or voter registration sites, maps in duplicate of the area to be affected, containing the following information: (1) The prior and new boundaries of the voting unit or units. (2) The prior and new boundaries of voting precincts. (3) The location of racial and language minority groups. (4) Any natural boundaries or geographical features that influenced the selection of boundaries of the prior or new units. (5) The location of prior and new polling places. (6) The location of prior and new voter registration sites. (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 subject to the preclearance requirement have been submitted for review, or a statement that identifies all annexations subject to the preclearance requirement that have not been submitted for review. See §51.61(b). (d) Election returns. Where a change may affect the electoral influence of a racial or language minority group, returns of primary and general elections conducted by or in the jurisdiction, containing the following information: (1) The name of each candidate. (2) The race or language group of each candidate, if known. (3) The position sought by each candidate. (4) The number of votes received by each candidate, by voting precinct. (5) The outcome of each contest. (6) The number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient. (7) Election related data containing any of the information described above that are provided on magnetic media shall conform to the requirements of §51.20 (b) through (e). Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct. (e) Language usage. Where a change is made affecting the use of the language of a language minority group in the electoral process, information that will enable the Attorney General to determine whether the change is consistent with the minority language requirements of the Act. The Attorney General's interpretation of the minority language requirements of the Act is contained in Interpretative Guidelines: Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups, 28 CFR part 55. (f) Publicity and participation. For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, and of the opportunity for interested parties to participate in the decision to adopt the proposed change and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include: (1) Copies of newspaper articles discussing the proposed change. (2) Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). (3) Minutes or accounts of public hearings concerning the proposed change. (4) Statements, speeches, and other public communications concerning the proposed change. (5) Copies of comments from the general public. (6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. (g) Availability of the submission. (1) Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. (2) Information demonstrating that the submitting authority, where a submission contains magnetic media, made the magnetic media available to be copied or, if so requested, made a hard copy of the data contained on the magnetic media available to be copied. (h) Minority group contacts. For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. [52 FR 490, Jan. 6, 1987, as amended by Order No. 1536–91, 56 FR 51836, Oct. 16, 1991]
Title 28: Judicial Administration
PART 51—PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED
Subpart C—Contents of Submissions
§ 51.26 General.
§ 51.27 Required contents.
§ 51.28 Supplemental contents.
------------------------------------------------------------------------ PL 94-171 Field reference name Length Data type------------------------------------------------------------------------State......................... STATEFP........ 2 Numeric.County........................ CNTY........... 3 Numeric.Tract......................... TRACT/BNA...... 6 Alpha/ Numeric.Block......................... BLCK........... 4 Alpha/ Numeric.Plan 1 District............... User supplied.. 4 Alpha/ Numeric.Plan 2 District............... User supplied.. 4 Alpha/ Numeric.Plan 3 District, etc.......... ............... ........ .............Plan n District............... User supplied.. 4 Alpha/ Numeric.------------------------------------------------------------------------
