---
kind: "section"
citation: "28 C.F.R. § 51.35"
title: "28"
number: "51.35"
heading: "Disposition of inappropriate submissions and resubmissions."
url: "https://uscodex.org/cfr/28/51.35"
---

# §51.35. Disposition of inappropriate submissions and resubmissions.

- (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](/cfr/28/51.13.md));
  - (2) Standards, practices, or procedures that have not been changed (see §§ [51.4](/cfr/28/51.4.md), [51.14](/cfr/28/51.14.md));
  - (3) Changes that previously have received preclearance;
  - (4) Changes that affect voting but are not subject to the requirement of [section 5](/cfr/28/5.md) (see [§ 51.18](/cfr/28/51.18.md));
  - (5) Changes that have been superseded or for which a determination is premature (see §§ [51.22](/cfr/28/51.22.md), [51.61(b)](/cfr/28/51.61.md?p=b));
  - (6) Submissions by jurisdictions not subject to the preclearance requirement (see §§ [51.4](/cfr/28/51.4.md), [51.5](/cfr/28/51.5.md));
  - (7) Submissions by an inappropriate or unauthorized party or jurisdiction (see [§ 51.23](/cfr/28/51.23.md)); and
  - (8) Deficient submissions (see [§ 51.26(d)](/cfr/28/51.26.md?p=d)).
- (c) Following such a notification by the Attorney General, a change shall be deemed resubmitted for [section 5](/cfr/28/5.md) 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](/cfr/28/51.32.md).

## Notes

### Amendments

[Order No. 3262-2011, 76 FR 21246, Apr. 15, 2011]

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, and 42 U.S.C. 1973b, 1973c.

### Source

Source: 52 FR 490, Jan. 6, 1987, unless otherwise noted.

### Amendments

[Order No. 3262-2011, 76 FR 21246, Apr. 15, 2011]