28 C.F.R. § 51.12

Current through March 31, 2024
Section 51.12 - Scope of requirement

Except as provided in §51.18 (Federal court-ordered changes), the section 5 requirement applies to any change affecting voting, even though it appears to be minor or indirect, returns to a prior practice or procedure, seemingly expands voting rights, or is designed to remove the elements that caused the Attorney General to object to a prior submitted change. The scope of section 5 coverage is based on whether the generic category of changes affecting voting to which the change belongs (for example, the generic categories of changes listed in §51.13 ) has the potential for discrimination. NAACP v. Hampton County Election Commission,470 U.S. 166(1985). The method by which a jurisdiction enacts or administers a change does not affect the requirement to comply with section 5, which applies to changes enacted or administered through the executive, legislative, or judicial branches.

28 C.F.R. § 51.12

Order 3262-2011, 76 FR 21244, 4/15/2011