28 CFR 51.10 : 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) — Requirement of action for declaratory judgment or submission to the Attorney General.

4 Aug 2016

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.

28 CFR 51.10
[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]