(a) The Attorney General will not consider on the merits:
(1) Any proposal for a change submitted prior to final enactment or administrative decision except as provided in paragraph (b) of this section.
(2) Any submitted change directly related to another change that has not received section 5 preclearance if the Attorney General determines that the two changes cannot be substantively considered independently of one another.
(3) Any submitted change whose enforcement has ceased and been superseded by a standard, practice, or procedure that has received section 5 preclearance or that is otherwise legally enforceable under section 5.
(b) For any change requiring approval by referendum, by a State or Federal court, or by a Federal agency, the Attorney General may make a determination concerning the change prior to such approval if the change is not subject to alteration in the final approving action and if all other action necessary for approval has been taken. (See also § 51.18.)
[Order No. 3262-2011, 76 FR 21244, Apr. 15, 2011]
Notes of Decisions
Lopez v. Monterey Cnty., 525 U.S. 266 (1999).
· cites it 2× “See 28 CFR § 51.22 (a) (1997) (listing "[a]ny proposal for a change affecting voting submitted prior to final enactment" among "premature submissions" that Attorney General will not consider); see also Tr.”
Bone Shirt v. Hazeltine, 200 F. Supp. 2d 1150 (D.S.D. 2002).
· cites it 2× “See 28 C.F.R. § 51.22 (a). After the 2001 Plan was enacted, the State concluded that preclearance is not required because the 2001 Plan is not a voting change in Shannon and Todd counties for purposes of § 5.”
Young v. Fordice, 520 U.S. 273 (1997).
“28 CFR §§51.22 , 51.35 (1996). As a matter of pure logic, Mississippi is correct.”
Smith v. Clark, 189 F. Supp. 2d 503 (S.D. Miss. 2002).
“” 28 C.F.R. § 51.22 (b). We have no way of knowing whether the Mississippi Supreme Court will hear any appeal and, if it does, when it will render a decision.”
Boxx v. Bennett, 50 F. Supp. 2d 1219 (M.D. Ala. 1999).
· cites it 2× “" 28 C.F.R. § 51.22 . The regulation further states, "[W]ith respect to a change for which approval by referendum, a State or Federal court or a Federal agency is required, the Attorney General may make a determination concerning the change prior to such approval if the change…”
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