Regulations last checked for updates: May 01, 2025

Title 28 - Judicial Administration last revised: Apr 18, 2025
§ 51.12 - 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.

[Order No. 3262-2011, 76 FR 21244, Apr. 15, 2011]
authority: 5 U.S.C. 301; 28 U.S.C. 509,510,and.S.C. 1973b, 1973c
source: 52 FR 490, Jan. 6, 1987, unless otherwise noted.
cite as: 28 CFR 51.12