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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 28 - Judicial Administration |
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Chapter I - Department of Justice |
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Part 51 - Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, as Amended |
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Subpart A - General Provisions |
§ 51.10 - Requirement of action for declaratory judgment or submission to the Attorney General.
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§ 51.10 Requirement of action for declaratory judgment or submission to the Attorney General.
Section 5 requires that, prior to enforcement of any change affecting voting, the jurisdiction that has enacted or seeks to administer the change must either:
(a) Obtain a judicial determination from the U.S. District Court for the District of Columbia that the voting change neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group.
(b) Make to the Attorney General a proper submission of the change to which no objection is interposed.
It is unlawful to enforce a change affecting voting without obtaining preclearance under section 5. The obligation to obtain such preclearance is not relieved by unlawful enforcement.
[52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23, 1987, as amended by Order No. 3262-2011, 76 FR 21243, Apr. 15, 2011]