§ 51.35. Disposition of inappropriate submissions and resubmissions.
256 words·~1 min read·
/us/cfr/t28/s§ 51.35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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(5)Changes that have been superseded or for which a determination is premature (see §§ 51.22, 51.61(b));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. \[Order No. 3262-2011, 76 FR 21246, Apr. 15, 2011\]