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§51.59. Redistricting plans.

28 C.F.R. § 51.59

(a)
Relevant factors. In determining whether a submitted redistricting plan has a prohibited purpose or effect the Attorney General, in addition to the factors described above, will consider the following factors (among others):
(1)
The extent to which malapportioned districts deny or abridge the right to vote of minority citizens;
(2)
The extent to which minority voting strength is reduced by the proposed redistricting;
(3)
The extent to which minority concentrations are fragmented among different districts;
(4)
The extent to which minorities are over concentrated in one or more districts;
(5)
The extent to which available alternative plans satisfying the jurisdiction's legitimate governmental interests were considered;
(6)
The extent to which the plan departs from objective redistricting criteria set by the submitting jurisdiction, ignores other relevant factors such as compactness and contiguity, or displays a configuration that inexplicably disregards available natural or artificial boundaries; and
(7)
The extent to which the plan is inconsistent with the jurisdiction's stated redistricting standards.
(b)
Discriminatory purpose. A jurisdiction's failure to adopt the maximum possible number of majority-minority districts may not be the sole basis for determining that a jurisdiction was motivated by a discriminatory purpose.
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]