(a) When the Attorney General determines that a response on the merits of a submitted change is inappropriate, the Attorney General shall notify the submitting official in writing within the 60-day period that would have commenced for a determination on the merits and shall include an explanation of the reason why a response is not appropriate.

Terms Used In 28 CFR 51.35

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(b) Matters that are not appropriate for a merits response include:

(1) Changes that do not affect voting (see § 51.13);

(2) Standards, practices, or procedures that have not been changed (see §§ 51.4, 51.14);

(3) Changes that previously have received preclearance;

(4) Changes that affect voting but are not subject to the requirement of section 5 (see § 51.18);

(5) Changes that have been superseded or for which a determination is premature (see §§ 51.22, 51.61(b));

(6) Submissions by jurisdictions not subject to the preclearance requirement (see §§ 51.4, 51.5);

(7) Submissions by an inappropriate or unauthorized party or jurisdiction (see § 51.23); and

(8) Deficient submissions (see § 51.26(d)).

(c) Following such a notification by the Attorney General, a change shall be deemed resubmitted for section 5 review upon the Attorney General’s receipt of a submission or other written information that renders the change appropriate for review on the merits (such as a notification from the submitting authority that a change previously determined to be premature has been formally adopted). Notice of the resubmission of a change affecting voting will be given to interested parties registered under § 51.32.

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