Changes affecting voting include, but are not limited to, the following examples:
(a) Any change in qualifications or eligibility for voting.
(b) Any change concerning registration, balloting, and the counting of votes and any change concerning publicity for or assistance in registration or voting.
(c) Any change with respect to the use of a language other than English in any aspect of the electoral process.
(d) Any change in the boundaries of voting precincts or in the location of polling places.
(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).
(f) Any change in the method of determining the outcome of an election (e.g., by requiring a majority vote for election or the use of a designated post or place system).
(g) Any change affecting the eligibility of persons to become or remain candidates, to obtain a position on the ballot in primary or general elections, or to become or remain holders of elective offices.
(h) Any change in the eligibility and qualification procedures for independent candidates.
(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).
(j) Any change affecting the necessity of or methods for offering issues and propositions for approval by referendum.
(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.
[52 FR 490, Jan. 6, 1987, as amended by Order No. 3262-2011, 76 FR 21244, Apr. 15, 2011]
Notes of Decisions
Miss. Com'n on Jud. Performance v. Dodds, 680 So. 2d 180 (Miss. 1996).
· cites it 4× “" 28 C.F.R. § 51.13 (g). It is this specific language and special acknowledgment that Chinn and Justice Banks use to support their argument that Miss.”
Brooks v. State Bd. of Elections, 775 F. Supp. 1470 (S.D. Ga. 1989).
· cites it 4× “Indeed, the changing of geographical boundaries of election districts, either by redrawing or splitting pre-existing districts, however minor, is unquestionably a change that must be precleared under section 5.”
Johnson v. Miller, 864 F. Supp. 1354 (S.D. Ga. 1994).
“This procedure applies to redistricting plans, 28 C.F.R. § 51.13 (1993), and it is intended to police those regions of the United States that had, as of certain dates, maintained voting “tests or devices” serving to disenfranchise minority voters.”
Lucas v. Townsend, 714 F. Supp. 525 (M.D. Ga. 1989).
· cites it 3× “13-14, citing 28 C.F.R. § 51.13 (j). However, the United States continued as follows: Here, the facts of record would tend to suggest that the defendants’ discretionary decision to present the voters with a single vote on the entire bond project is not the kind of change subject…”
Miss. Com'n on Jud. Perf. v. Chinn, 611 So. 2d 849 (Miss. 1993).
“§ 177A directly affects the right of elected judicial officials to "remain holders of elective offices," it is clear that § 177A and all related statutes and rules are subject to the requirements of the Voting Rights Act of 1965.”
Dupree v. Moore, 831 F. Supp. 1310 (S.D. Miss. 1993).
· cites it 2× “In response to the plaintiffs' complaint, the defendants asserted that the Mississippi legislative actions in issue already had been properly and unambiguously submitted to the United States Attorney General.”
Florida v. United States, 885 F. Supp. 2d 299 (D.D.C. 2012).
“13 (b) (defining ”[c]hanges affecting voting” to include ”[a]ny change concerning registration, balloting, and the counting of votes and any change concerning publicity for or assistance in registration or voting”). . Our conclusion in this regard is bolstered by the fact that…”
Hawthorne v. Baker, 750 F. Supp. 1090 (M.D. Ala. 1990).
· cites it 2× “Sixteen of the county committees have provisions for the appointment of both black and white members to supplement elected members.”
Barnett v. Bailey, 956 F.2d 1036 (11th Cir. 1992).
· cites it 2× “28 C.F.R. § 51.13 (e). As to the Hart County Democratic Executive Committee’s limitation on candidate qualifications, the Attorney General’s regulations specifically list as an example of changes affecting voting “[a]ny change affecting the eligibility of persons to become or…”
Boxx v. Bennett, 50 F. Supp. 2d 1219 (M.D. Ala. 1999).
· cites it 2× “" 28 C.F.R. § 51.13 (b). Given the Court's directive that section 5 extends to the broadest possible scope, a provision allowing a pre-election contest recount where none had existed before clearly constitutes a change with respect to voting within the purview of section 5.”
Mississippi Com'n on Jud. Perf. v. Sanders, 749 So. 2d 1062 (Miss. 1999).
“§ 177A directly affects the right of elected judicial officials to "remain holders of elective offices," it is clear to me that § 177A and all related statutes and *1077 rules are subject to the requirements of the Voting Rights Act of 1965.”
United States v. State of La., 952 F. Supp. 1151 (W.D. La. 1997).
· cites it 5× “The City and State claim, however, that because the Justice Department precleared the annexations for the City in general (and the City Council elections in particular) and because the City Court's jurisdiction is coterminous with that of the City, the annexations affecting the…”
— 28 C.F.R. § 51.13(b) — 1 case
Boxx v. Bennett, 50 F. Supp. 2d 1219 (M.D. Ala. 1999).
“" 28 C.F.R. § 51.13 (b). Given the Court's directive that section 5 extends to the broadest possible scope, a provision allowing a pre-election contest recount where none had existed before clearly constitutes a change with respect to voting within the purview of section 5.”
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