[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Pages 24108-24109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11604]
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DEPARTMENT OF JUSTICE
28 CFR Part 51
[Order No. 2149-98]
RIN 1190-AA35
Procedures for the Administration of Section 5 of the Voting
Rights Act of 1965, as Amended; Revision of Procedures
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice is revising its administrative
guidelines regarding preclearance of voting changes under Section 5 of
the Voting Rights Act of 1965. The amendment is necessary to conform
the Department's guidelines with recent case law.
DATES: Effective May 1, 1998.
FOR FURTHER INFORMATION CONTACT:
David H. Hunter, Attorney, Voting Section, Civil Rights Division, 202-
307-2898, 1-800-253-3931, or david.h.hunter@usdoj.gov.
SUPPLEMENTARY INFORMATION: Section 5 of the Voting Rights Act of 1965,
as amended, 42 U.S.C. 1973c, requires certain jurisdictions (listed in
the appendix to the Procedures) to obtain ``preclearance'' from either
the United States District Court for the District of Columbia or from
the United States Attorney General before implementing any new
standard, practice, or procedure that affects voting.
The Supreme Court held in Reno v. Bossier Parish School Board, 117
S.Ct.
[[Page 24109]]
1491, 1497 (1997), that a voting change that violates Section 2 of the
Voting Rights Act, 42 U.S.C. 1973 (which proscribes practices that have
discriminatory results), should not on that basis alone be denied
Section 5 preclearance. Accordingly, we are deleting paragraph (2) of
Sec. 51.55(b) (``Section 2'').
Good cause exists under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d) for
implementing this rule as a final rule effective immediately without
provision for public comment. The amendment simply conforms the
Procedures to the Supreme Court's interpretation of the Voting Rights
Act. Public comment could have no effect on this amendment.
List of Subjects in 28 CFR Part 51
Administrative practice and procedure, Archives and records,
Authority delegations (Government agencies), Civil rights, Elections,
Voting rights.
For the reasons stated in the preamble, 28 CFR Part 51 is amended
as follows:
PART 51--PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE
VOTING RIGHTS ACT OF 1965, AS AMENDED
1. The authority citation for part 51 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; and 42 U.S.C.
1973c.
Sec. 51.55 [Amended]
2. In Sec. 51.55, the designation of paragraph (b) (1) and the word
``subsequently'' are removed from paragraph (b), and paragraph (b)(2)
is removed.
Dated: April 23, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-11604 Filed 4-30-98; 8:45 am]
BILLING CODE 4410-13-M
