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Code of Federal Regulations Title 28. Judicial Administration § 28.51.35 Disposition of inappropriate submissions and resubmissions

Current as of October 02, 2022 | Updated by FindLaw Staff

(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.

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(5) Changes that have been superseded or for which a determination is premature (see §§ 51.22, 51.61(b));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

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Cite this article: FindLaw.com - Code of Federal Regulations Title 28. Judicial Administration § 28.51.35 Disposition of inappropriate submissions and resubmissions - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-28-judicial-administration/cfr-sect-28-51-35/

Read this complete Code of Federal Regulations Title 28. Judicial Administration § 28.51.35 Disposition of inappropriate submissions and resubmissions on Westlaw

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