28 C.F.R. § 51.37

Obtaining information from the submitting authority

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(a) Oral requests for information. (1) If a submission does not satisfy the requirements of § 51.27, the Attorney General may request orally any omitted information necessary for the evaluation of the submission. An oral request may be made at any time within the 60-day period, and the submitting authority should provide the requested information as promptly as possible. The oral request for information shall not suspend the running of the 60-day period, and the Attorney General will proceed to make a determination within the initial 60-day period. The Attorney General reserves the right as set forth in § 51.39, however, to commence a new 60-day period in which to make the requisite determination if the written information provided in response to such request materially supplements the submission.

(2) An oral request for information shall not limit the authority of the Attorney General to make a written request for information.

(3) The Attorney General will notify the submitting authority in writing when the 60-day period for a submission is recalculated from the Attorney General's receipt of written information provided in response to an oral request as described in § 51.37(a)(1), above.

(4) Notice of the Attorney General's receipt of written information pursuant to an oral request will be given to interested parties registered under § 51.32.

(b) Written requests for information. (1) If the Attorney General determines that a submission does not satisfy the requirements of § 51.27, the Attorney General may request in writing from the submitting authority any omitted information necessary for evaluation of the submission. Branch v. Smith, 538 U.S. 254 (2003); Georgia v. United States, 411 U.S. 526 (1973). This written request shall be made as promptly as possible within the original 60-day period or the new 60-day period described in § 51.39(a). The written request shall advise the jurisdiction that the submitted change remains unenforceable unless and until preclearance is obtained.

(2) A copy of the request shall be sent to any party who has commented on the submission or has requested notice of the Attorney General's action thereon.

(3) The Attorney General shall notify the submitting authority that a new 60-day period in which the Attorney General may interpose an objection shall commence upon the Attorney General's receipt of a response from the submitting authority that provides the information requested or states that the information is unavailable. The Attorney General can request further information in writing within the new 60-day period, but such a further request shall not suspend the running of the 60-day period, nor shall the Attorney General's receipt of such further information begin a new 60-day period.

(4) Where the response from the submitting authority neither provides the information requested nor states that such information is unavailable, the response shall not commence a new 60-day period. It is the practice of the Attorney General to notify the submitting authority that its response is incomplete and to provide such notification as soon as possible within the 60-day period that would have commenced had the response been complete. Where the response includes a portion of the available information that was requested, the Attorney General will reevaluate the submission to ascertain whether a determination on the merits may be made based upon the information provided. If a merits determination is appropriate, it is the practice of the Attorney General to make that determination within the new 60-day period that would have commenced had the response been complete. See § 51.40.

(5) If, after a request for further information is made pursuant to this section, the information requested by the Attorney General becomes available to the Attorney General from a source other than the submitting authority, the Attorney General shall promptly notify the submitting authority in writing, and the new 60-day period will commence the day after the information is received by the Attorney General.

(6) Notice of the written request for further information and the receipt of a response by the Attorney General will be given to interested parties registered under § 51.32.

[Order No. 3262-2011, 76 FR 21246, Apr. 15, 2011]

Notes of Decisions

Cited in 13 cases, 1981–2012 · leading case: Branch v. Smith, 538 U.S. 254 (2003).

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Branch v. Smith, 538 U.S. 254 (2003). · cites it 2× “DOJ's February 14 request for additional information was within the Attorney General's discretion under 28 CFR § 51.37 , thereby postponing the 60-day time period for objections until the requested information was received.”

Hawthorne v. Baker, 750 F. Supp. 1090 (M.D. Ala. 1990). · cites it 2× “See 28 C.F.R. § 51.37 . [5] These 16 committees are from the following counties: Baldwin, Chilton, Clay, Dale, Dallas, Geneva, Jefferson, Lowndes, Marion, Randolph, Russell, Tallapoosa, Tuscaloosa, Walker, Wilcox, and Winston.”

Smith v. Clark, 189 F. Supp. 2d 529 (S.D. Miss. 2002). “The initial 60-day period was to have expired on February 25. On February 14, the Department of Justice requested additional information from State authorities.”

Navajo Nation v. Arizona Indep. Redistricting Comm'n, 230 F. Supp. 2d 998 (D. Ariz. 2002). “See 28 C.F.R. 51.37; http://www.usdoj.gov/crt/voting/sec_5/mak-ing.”

State of Texas v. Holder, 888 F. Supp. 2d 113 (D.D.C. 2012). “See 28 C.F.R. §§ 51.37 (b), 51.39(a)(1) (stating that when supplemental submissions are provided “the 60-day period for the pending submission will be recalculated from the Attorney General’s receipt of the supplementary information.”

Boxx v. Bennett, 50 F. Supp. 2d 1219 (M.D. Ala. 1999). · cites it 2× “(d) If the recount produces a change in precinct totals of sufficient magnitude to alter the result of the election, the outcome shall constitute grounds for an election contest as now prescribed by law.”

Ward v. Alabama, 31 F. Supp. 2d 968 (M.D. Ala. 1998). · cites it 2× “See 28 C.F.R. § 51.37 (c). The State contends that the Attorney General affirmatively approved the amendment to § 17-10-5 by its letter of February 4, 1997, not by the failure to respond earlier, so no issue of timing is presented in this case.”

Newsome v. North Carolina State Bd. of Elections, 415 S.E.2d 201 (N.C. Ct. App. 1992). “See the procedures for the Administration of Section 5 (28 C.F.R. 51.37(a)). Further, you should be aware that if no response is received within sixty days of this request, the Attorney General may object to the proposed change consistent with the burden of proof placed upon the…”

Dupree v. Mabus, 776 F. Supp. 290 (S.D. Miss. 1991). “28 C.F.R. §§ 51.37 ; 51.45. Such a request triggers another 60 day period for the USAG to decide whether to continue or withdraw his objection.”

Lucas v. Bolivar Cnty., Mississippi, 567 F. Supp. 433 (N.D. Miss. 1983). “28 C.F.R. § 51.37 (1982) provides in pertinent part: When a submitting authority provides documents and information materially supplementing a submission, .”

Dotson v. City of Indianola, Miss., 521 F. Supp. 934 (N.D. Miss. 1981). “at 878 (1981) (to be codified in 28 CFR § 51.37 ). 8 . The majority’s result was over the dissent of Justice Marshall who stated: [I]t matters not whether the Attorney General fails to object because he misunderstands his legal duty .”

Florida v. United States, 820 F. Supp. 2d 85 (D.D.C. 2011). “; 28 C.F.R. §§ 51.37 , 51.41, 51.44. Five Florida counties — specifically, Collier, Hardee, Hendry, Hillsborough, and Monroe Counties (collectively, the “Covered Counties”) — have been designated by the Attorney General as “covered” jurisdictions under Section 4(b) of the VRA,…”

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— 28 C.F.R. § 51.37(a) — 1 case

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