28 CFR 51.12 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 43.1 To Parts 1101-1199) — Department Of Justice (Continued) (§ 43.1 To Parts 201-299) — Procedures For The Administration Of Section 5 Of The Voting Rights Act Of 1965, As Amended (§ 51.1 To Appendix To Part 51) — General Provisions (§ 51.1 To § 51.19) — 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.