07-17-2001 La Porte Redistricting Committee Regular Meeting

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changf: affecting voting effected~a political party is subject to the pr~learance requirement: (a) If the ch<~nge relates to a public el ral function of the party and (b) if party is acting under authoriity explicitly or implicitly granted by a covered jurisdiction or political subunit subject to the precle<~rance requirement of Section 5. For example, changes with respect to the recruitment of party members, the conduct of political campaigns, and the drafting of party platforms are not subject to the preclearance requirement. Changes with respect to the conduct of primary elections at which party nominees, delegates to party conventions, or party officials are chosen are subject to the preclearance requirement of Section 5. Where appropriate the term "jurisdiction" (but not "covered jurisdiction") includes political parties. (back to index) 51.8 Section 3 coverage. Under Section 3(c) of the Act, a court in voting rights litigation can order as relief that a jurisdiction not sul~aject to the preclearance requirement of Section 5 preclear its voting changes by submitting them Either to the court or to the Attorney General. Where a jurisdiction is required under Section 3(c) to preclear its voting changes, and it elects to submit the proposed changes to the Attorney General for preclearance, the procedures in this part will apply. (back to index) 51.9 Corriputation of time. (a) The Attorney General shall have 60 days in which to interpose an objection to a submitted change affecting voting. (b) Except as specified in SS 51.37, 51.39, and 51.42 the 60-day period shall commence upon receipt by the Department of Justice of a submission. (c) The 60-day period shall mean 60 calendar days, with the day of receipt of the submission not countE;d. If the final day of the period should fall on a Saturday, Sunday, any day designated as a holiday by the President or Congress of the United States, or any other day that is not a day of regular business for the Department of Justice, the Attorney General shall have until the close of the next full business day in which to interpose an objection. The date of the Attorney General's response shall be the date on which it is mailed to the submitting authority. (back to index) 51.10 Requirement of action for declaratory judgment or submission to the Attorney General. Section 5 requires that, prior to enforcement of any change affecting voting, the jurisdiction that has enactE~d 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 denial or abridgment of the right to vote on account of race, color, or membership in a language minority group is not the purpose and will not be they effect of the change or (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 unllawful enforcement. [52 FR 2648, Jan. 23, 1987] (back to index) 51.11 Right to bring suit. Submission to the Attorney General does not affect the right of the submitting authority to bring an