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§51.57. Relevant factors.

28 C.F.R. § 51.57

Among the factors the Attorney General will consider in making determinations with respect to the submitted changes affecting voting are the following:
(a)
The extent to which a reasonable and legitimate justification for the change exists;
(b)
The extent to which the jurisdiction followed objective guidelines and fair and conventional procedures in adopting the change;
(c)
The extent to which the jurisdiction afforded members of racial and language minority groups an opportunity to participate in the decision to make the change;
(d)
The extent to which the jurisdiction took the concerns of members of racial and language minority groups into account in making the change; and
(e)
The factors set forth in <I>Village of Arlington Heights</I> v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977):
(1)
Whether the impact of the official action bears more heavily on one race than another;
(2)
The historical background of the decision;
(3)
The specific sequence of events leading up to the decision;
(4)
Whether there are departures from the normal procedural sequence;
(5)
Whether there are substantive departures from the normal factors considered; and
(6)
The legislative or administrative history, including contemporaneous statements made by the decision makers.
Notes, amendments, and revision history

Amendments

[Order No. 3262-2011, 76 FR 21249, 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 21249, Apr. 15, 2011]