(a) The Attorney General shall have 60 days in which to interpose an objection to a submitted change affecting voting for which a response on the merits is appropriate (see § 51.35, § 51.37).
(b) The 60-day period shall commence upon receipt of a submission by the Voting Section of the Department of Justice's Civil Rights Division or upon receipt of a submission by the Office of the Assistant Attorney General, Civil Rights Division, if the submission is properly marked as specified in § 51.24(f). The 60-day period shall recommence upon the receipt in like manner of a resubmission (see § 51.35), information provided in response to a written request for additional information (see § 51.37(b)), or material, supplemental information or a related submission (see § 51.39).
(c) The 60-day period shall mean 60 calendar days, with the day of receipt of the submission not counted, and with the 60th day ending at 11:59 p.m. Eastern Time of that day. If the final day of the period should fall on a Saturday, Sunday, or any day designated as a holiday by the President or Congress of the United States, or any other day that is not a day of regular business for the Department of Justice, the next full business day shall be counted as the final day of the 60-day period. The date of the Attorney General's response shall be the date on which it is transmitted to the submitting authority by any reasonable means, including placing it in a postbox of the U.S. Postal Service or a private mail carrier, sending it by telefacsimile, email, or other electronic means, or delivering it in person to a representative of the submitting authority.
[Order No. 3262-2011, 76 FR 21243, Apr. 15, 2011]
Notes of Decisions
Shelby Cnty. v. Holder, 133 S. Ct. 2612 (2013).
· cites it 2× “See 28 CFR §§51.9 , 51.37. If a State seeks preclearance from a three- judge court, the process can take years.”
Dupree v. Moore, 831 F. Supp. 1310 (S.D. Miss. 1993).
· cites it 2× “35 (1986), now 28 C.F.R. 51.9 (1989), [2] and because no specific objection had been made to the repealer of § 37-7-611 by the United States Attorney General when the Bill was submitted "in its entirety" on July 23, 1986, *1313 this court held that the United States Attorney…”
Hawthorne v. Baker, 750 F. Supp. 1090 (M.D. Ala. 1990).
· cites it 2× “28 C.F.R. § 51.9 . The Attorney General, however, has requested additional time for considering the Democratic Party's submission and has yet to make a final *1099 determination on this plan.”
Smith v. Clark, 189 F. Supp. 2d 529 (S.D. Miss. 2002).
“See 28 C.F.R. § 51.9 . However, on February 14, the Department of Justice requested additional information and indicated that a new 60-day period would begin to run upon the receipt of that information.”
Hardy v. Wallace, 603 F. Supp. 174 (N.D. Ala. 1985).
· cites it 2× “28 C.F.R. 51.9. To enable this Department to meet its responsibility to enforce the Voting Rights Act, please inform us of the course of action the State of Alabama plans to take with respect to this matter.”
Opinion No. (Ark. Att'y Gen. 1994).
“Pursuant to 28 C.F.R. 51.9 , the U.S. Attorney General has sixty days in which to interpose an objection to the act, and if no objection is made, the act is deemed precleared.”
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