[Federal Register: May 1, 1998 (Volume 63, Number 84)]
[Rules and Regulations]               
[Page 24108-24109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my98-6]

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DEPARTMENT OF JUSTICE

28 CFR Part 51

[Order No. 2149-98]
RIN 1190-AA35

 
Procedures for the Administration of Section 5 of the Voting 
Rights Act of 1965, as Amended; Revision of Procedures

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is revising its administrative 
guidelines regarding preclearance of voting changes under Section 5 of 
the Voting Rights Act of 1965. The amendment is necessary to conform 
the Department's guidelines with recent case law.

DATES: Effective May 1, 1998.

FOR FURTHER INFORMATION CONTACT:
David H. Hunter, Attorney, Voting Section, Civil Rights Division, 202-
307-2898, 1-800-253-3931, or david.h.hunter@usdoj.gov.

SUPPLEMENTARY INFORMATION: Section 5 of the Voting Rights Act of 1965, 
as amended, 42 U.S.C. 1973c, requires certain jurisdictions (listed in 
the appendix to the Procedures) to obtain ``preclearance'' from either 
the United States District Court for the District of Columbia or from 
the United States Attorney General before implementing any new 
standard, practice, or procedure that affects voting.
    The Supreme Court held in Reno v. Bossier Parish School Board, 117 
S.Ct.

[[Page 24109]]

1491, 1497 (1997), that a voting change that violates Section 2 of the 
Voting Rights Act, 42 U.S.C. 1973 (which proscribes practices that have 
discriminatory results), should not on that basis alone be denied 
Section 5 preclearance. Accordingly, we are deleting paragraph (2) of 
Sec. 51.55(b) (``Section 2'').
    Good cause exists under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d) for 
implementing this rule as a final rule effective immediately without 
provision for public comment. The amendment simply conforms the 
Procedures to the Supreme Court's interpretation of the Voting Rights 
Act. Public comment could have no effect on this amendment.

List of Subjects in 28 CFR Part 51

    Administrative practice and procedure, Archives and records, 
Authority delegations (Government agencies), Civil rights, Elections, 
Voting rights.

    For the reasons stated in the preamble, 28 CFR Part 51 is amended 
as follows:

PART 51--PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE 
VOTING RIGHTS ACT OF 1965, AS AMENDED

    1. The authority citation for part 51 continues to read as follows:

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


Sec. 51.55  [Amended]

    2. In Sec. 51.55, the designation of paragraph (b) (1) and the word 
``subsequently'' are removed from paragraph (b), and paragraph (b)(2) 
is removed.

    Dated: April 23, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-11604 Filed 4-30-98; 8:45 am]
BILLING CODE 4410-13-M