us-doj-guidance-CRT-1315921•Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups
Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups
us-doj-guidance-CRT-1315921Implementation of the Provisions of the Voting Rights Act Regarding Language Minority GroupsGuidance
129 Department of Justice Pt. 55 service, or benefit to members of the other sex. § 54.540 Advertising. A recipient shall not in any adver- tising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualifica- tion for the particular job in question. § 54.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is ‘‘Miss’’ or ‘‘Mrs.’’ (b) Sex. A recipient may make pre- employment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the re- sults of such inquiry are not used in connection with discrimination prohib- ited by these Title IX regulations. § 54.550 Sex as a bona fide occupa- tional qualification. A recipient may take action other- wise prohibited by §§ 54.500 through 54.550 provided it is shown that sex is a bona fide occupational qualification for that action, such that consideration of sex with regard to such action is essen- tial to successful operation of the em- ployment function concerned. A recipi- ent shall not take action pursuant to this section that is based upon alleged comparative employment characteris- tics or stereotyped characterizations of one or the other sex, or upon pref- erence based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from consid- ering an employee’s sex in relation to employment in a locker room or toilet facility used only by members of one sex. Subpart F—Procedures § 54.600 Notice of covered programs. Within 60 days of September 29, 2000, each Federal agency that awards Fed- eral financial assistance shall publish in the FEDERAL REGISTER a notice of the programs covered by these Title IX regulations. Each such Federal agency shall periodically republish the notice of covered programs to reflect changes in covered programs. Copies of this no- tice also shall be made available upon request to the Federal agency’s office that enforces Title IX. § 54.605 Enforcement procedures. The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (‘‘Title VI’’) are hereby adopted and applied to these Title IX regulations. These procedures may be found at 28 CFR 42.106 through 42.111. [Order No. 2320–2000, 65 FR 52881, Aug. 30, 2000] PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LAN- GUAGE MINORITY GROUPS Subpart A—General Provisions Sec. 55.1 Definitions. 55.2 Purpose; standards for measuring com- pliance. 55.3 Statutory requirements. Subpart B—Nature of Coverage 55.4 Effective date; list of covered jurisdic- tions. 55.5 Coverage under section 4(f)(4). 55.6 Coverage under section 203(c). 55.7 Termination of coverage. 55.8 Relationship between section 4(f)(4) and section 203(c). 55.9 Coverage of political units within a county. 55.10 Types of elections covered. Subpart C—Determining the Exact Language 55.11 General. 55.12 Language used for written material. 55.13 Language used for oral assistance and publicity. Subpart D—Minority Language Materials and Assistance 55.14 General. 55.15 Affected activities. 55.16 Standards and proof of compliance. 55.17 Targeting. 55.18 Provision of minority language mate- rials and assistance. 55.19 Written materials. 55.20 Oral assistance and publicity. VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00139 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
130 28 CFR Ch. I (7–1–16 Edition) § 55.1 55.21 Record keeping. Subpart E—Preclearance 55.22 Requirements of section 5 of the Act. Subpart F—Sanctions 55.23 Enforcement by the Attorney General. Subpart G—Comment on This Part 55.24 Procedure. A PPENDIX TO P ART 55—J URISDICTIONS C OV- ERED U NDER S ECTIONS 4(f)(4) AND 203(c) OF THE V OTING R IGHTS A CT OF 1965, AS A MENDED [A PPLICABLE LANGUAGE MINOR- ITY GROUP(S)] A UTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 1973b, 1973j(d), 1973aa-la, 1973aa-2. S OURCE: Order No. 655–76, 41 FR 29998, July 20, 1976, unless otherwise noted. Subpart A—General Provisions § 55.1 Definitions. As used in this part— Act means the Voting Rights Act of 1965, 79 Stat. 437, Public Law 89–110, as amended by the Civil Rights Act of 1968, 82 Stat. 73, Public Law 90–284, the Voting Rights Act Amendments of 1970, 84 Stat. 314, Public Law 91–285, the Dis- trict of Columbia Delegate Act, 84 Stat. 853, Public Law 91–405, the Voting Rights Act Amendments of 1975, 89 Stat. 400, Public Law 94–73, the Voting Rights Act Amendments of 1982, 96 Stat. 131, Public Law 97–205, the Voting Rights Language Assistance Act of 1992, 106 Stat. 921, Public Law 102–344, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, 120 Stat. 577, Public Law 109– 246, and the Act to Revise the Short Title of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act, 122 Stat. 2428, Public Law 110–258, 42 U.S.C. 1973 et seq. Sec- tion numbers, such as ‘‘section 14(c)(3),’’ refer to sections of the Act. Attorney General means the Attorney General of the United States. Language minorities or language minor- ity group is used, as defined in the Act, to refer to persons who are American Indian, Asian American, Alaskan Na- tives, or of Spanish heritage. (Sections 14(c)(3) and 203(e)). Political subdivision is used, as defined in the Act, to refer to ‘‘any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivi- sion of a State which conducts reg- istration for voting.’’ (Section 14(c)(2)). [Order No. 1246–87, 53 FR 735, Jan. 12, 1988, as amended by Order No. 1752–93, 58 FR 35372, July 1, 1993; Order No. 3291–2011, 76 FR 54111, Aug. 31, 2011] § 55.2 Purpose; standards for meas- uring compliance. (a) The purpose of this part is to set forth the Attorney General’s interpre- tation of the provisions of the Voting Rights Act which require certain States and political subdivisions to conduct elections in the language of certain ‘‘language minority groups’’ in addition to English. (b) In the Attorney General’s view the objective of the Act’s provisions is to enable members of applicable lan- guage minority groups to participate effectively in the electoral process. This part establishes two basic stand- ards by which the Attorney General will measure compliance: (1) That materials and assistance should be provided in a way designed to allow members of applicable language minority groups to be effectively in- formed of and participate effectively in voting-connected activities; and (2) That an affected jurisdiction should take all reasonable steps to achieve that goal. (c) The determination of what is re- quired for compliance with section 4(f)(4) and section 203(c) is the responsi- bility of the affected jurisdiction. These guidelines should not be used as a substitute for analysis and decision by the affected jurisdiction. (d) Jurisdictions covered under sec- tion 4(f)(4) of the Act are subject to the preclearance requirements of section 5. See part 51 of this chapter. Such juris- dictions have the burden of estab- lishing to the satisfaction of the Attor- ney General or to the U.S. District Court for the District of Columbia that changes made in their election laws and procedures in order to comply with the requirements of section 4(f)(4) are not discriminatory under the terms of VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
131 Department of Justice § 55.5 section 5. However, section 5 expressly provides that the failure of the Attor- ney General to object does not bar any subsequent judicial action to enjoin the enforcement of the changes. (e) Jurisdictions covered solely under section 203(c) of the Act are not subject to the preclearance requirements of section 5, nor is there a Federal appa- ratus available for preclearance of sec- tion 203(c) compliance activities. The Attorney General will not preclear ju- risdictions’ proposals for compliance with section 203(c). (f) Consideration by the Attorney General of a jurisdiction’s compliance with the requirements of section 4(f)(4) occurs in the review pursuant to sec- tion 5 of the Act of changes with re- spect to voting, in the consideration of the need for litigation to enforce the requirements of section 4(f)(4), and in the defense of suits for termination of coverage under section 4(f)(4). Consid- eration by the Attorney General of a jurisdiction’s compliance with the re- quirements of section 203(c) occurs in the consideration of the need for litiga- tion to enforce the requirements of sec- tion 203(c). (g) In enforcing the Act—through the section 5 preclearance review process, through litigation, and through defense of suits for termination of coverage under section 4(f)(4)—the Attorney General will follow the general policies set forth in this part. (h) This part is not intended to pre- clude affected jurisdictions from tak- ing additional steps to further the pol- icy of the Act. By virtue of the Su- premacy Clause of Art. VI of the Con- stitution, the provisions of the Act override any inconsistent State law. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246–87, 53 FR 736, Jan. 12, 1988] § 55.3 Statutory requirements. The Act’s requirements concerning the conduct of elections in languages in addition to English are contained in section 4(f)(4) and section 203(c). These sections state that whenever a jurisdic- tion subject to their terms ‘‘provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including bal- lots, it shall provide them in the lan- guage of the applicable language mi- nority group as well as in * * * English. * * *’’ Subpart B—Nature of Coverage § 55.4 Effective date; list of covered ju- risdictions. (a) The minority language provisions of the Voting Rights Act were added by the Voting Rights Act Amendments of 1975, and amended and extended in 1982, 1992, and 2006. (1) The requirements of section 4(f)(4) take effect upon publication in the FEDERAL REGISTER of the requisite de- terminations of the Director of the Census and the Attorney General. Such determinations are not reviewable in any court. See section 4(b). (2) The requirements of section 203(c) take effect upon publication in the F EDERAL REGISTER of the requisite de- terminations of the Director of the Census. Such determinations are not reviewable in any court. See section 203(b)(4). (b) Jurisdictions determined to be covered under section 4(f)(4) or section 203(c) are listed, together with the lan- guage minority group with respect to which coverage was determined, in the appendix to this part. Any additional determinations of coverage under ei- ther section 4(f)(4) or section 203(c) will be published in the FEDERAL REGISTER. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246–87, 53 FR 736, Jan. 12, 1988; Order No. 3291–2011, 76 FR 54111, Aug. 31, 2011] § 55.5 Coverage under section 4(f)(4). (a) Coverage formula. Section 4(f)(4) applies to any State or political sub- division in which (1) Over five percent of the voting- age citizens were, on November 1, 1972, members of a single language minority group, (2) Registration and election mate- rials were provided only in English on November 1, 1972, and (3) Fewer than 50 percent of the vot- ing-age citizens were registered to vote or voted in the 1972 Presidential elec- tion. VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00141 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
132 28 CFR Ch. I (7–1–16 Edition) § 55.6 1 Coverage is based on sections 4(b) (third sentence), 4(c), and 4(f)(3). 2 The criteria for coverage are contained in section 203(b). All three conditions must be satisfied before coverage exists under section 4(f)(4). 1 (b) Coverage may be determined with regard to section 4(f)(4) on a statewide or political subdivision basis. (1) Whenever the determination is made that the bilingual requirements of section 4(f)(4) are applicable to an entire State, these requirements apply to each of the State’s political subdivi- sions as well as to the State. In other words, each political subdivision with- in a covered State is subject to the same requirements as the State. (2) Where an entire State is not cov- ered under section 4(f)(4), individual political subdivisions may be covered. § 55.6 Coverage under section 203(c). (a) Coverage formula. There are four ways in which a political subdivision can become subject to section 203(c). 2 (1) Political subdivision approach. A political subdivision is covered if— (i) More than 5 percent of its voting age citizens are members of a single language minority group and are lim- ited-English proficient; and (ii) The illiteracy rate of such lan- guage minority citizens in the political subdivision is higher than the national illiteracy rate. (2) State approach. A political subdivi- sion is covered if— (i) It is located in a state in which more than 5 percent of the voting age citizens are members of a single lan- guage minority and are limited- English proficient; (ii) The illiteracy rate of such lan- guage minority citizens in the state is higher than the national illiteracy rate; and (iii) Five percent or more of the vot- ing age citizens of the political subdivi- sion are members of such language mi- nority group and are limited-English proficient. (3) Numerical approach. A political subdivision is covered if— (i) More than 10,000 of its voting age citizens are members of a single lan- guage minority group and are limited- English proficient; and (ii) The illiteracy rate of such lan- guage minority citizens in the political subdivision is higher than the national illiteracy rate. (4) Indian reservation approach. A po- litical subdivision is covered if there is located within its borders all or any part of an Indian reservation— (i) In which more than 5 percent of the voting age American Indian or Alaska Native citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such lan- guage minority citizens is higher than the national illiteracy rate. (b) Definitions. For the purpose of de- terminations of coverage under section 203(c), limited-English proficient means unable to speak or understand English adequately enough to participate in the electoral process; Indian reservation means any area that is an American Indian or Alaska Native area, as de- fined by the Census Bureau for the pur- poses of the 1990 decennial census; and illiteracy means the failure to complete the fifth primary grade. (c) Determinations. Determinations of coverage under section 203(c) are made with regard to specific language groups of the language minorities listed in section 203(e). [Order No. 1752–93, 58 FR 35372, July 1, 1993] § 55.7 Termination of coverage. (a) Section 4(f)(4). The requirements of section 4(f)(4) apply for a twenty- five-year period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce´ sar E. Cha´ vez, Barbara C. Jordan, William C. Vela´ squez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006, which amend- ments became effective on July 27, 2006. See section 4(a)(8). A covered State, a political subdivision of a cov- ered State, a separately covered polit- ical subdivision, or a political subunit of any of the above, may terminate the application of section 4(f)(4) earlier by obtaining the declaratory judgment de- scribed in section 4(a) of the Act. (b) Section 203(c). The requirements of section 203(c) apply until August 6, VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00142 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
133 Department of Justice § 55.11 2 In addition, a jurisdiction covered under section 203(c) but not under section 4(f)(4) is subject to the Act’s special provisions if it was covered under section 4(b) prior to the 1975 Amendments to the Act. 2032. See section 203(b). A covered juris- diction may terminate Section 203 cov- erage earlier if it can prove in a declar- atory judgment action in a United States district court, that the illit- eracy rate of the applicable language minority group is equal to or less than the national illiteracy rate, as de- scribed in section 203(d) of the Act. [Order No. 3291–2011, 76 FR 54111, Aug. 31, 2011] § 55.8 Relationship between section 4(f)(4) and section 203(c). (a) The statutory requirements of section 4(f)(4) and section 203(c) regard- ing minority language material and as- sistance are essentially identical. (b) Jurisdictions subject to the re- quirements of section 4(f)(4)—but not jurisdictions subject only to the re- quirements of section 203(c)—are also subject to the Act’s special provisions, such as section 5 (regarding preclearance of changes in voting laws) and section 8 (regarding federal observ- ers).2 See part 51 of this chapter. (c) Although the coverage formulas applicable to section 4(f)(4) and section 203(c) are different, a political subdivi- sion may be included within both of the coverage formulas. Under these cir- cumstances, a judgment terminating coverage of the jurisdiction under one provision would not have the effect of terminating coverage under the other provision. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 3291–2011, 76 FR 54112, Aug. 31, 2011] § 55.9 Coverage of political units with- in a county. Where a political subdivision (e.g., a county) is determined to be subject to section 4(f)(4) or section 203(c), all po- litical units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the same requirements as the political sub- division. § 55.10 Types of elections covered. (a) General. The language provisions of the Act apply to registration for and voting in any type of election, whether it is a primary, general or special elec- tion. Section 14(c)(1). This includes elections of officers as well as elections regarding such matters as bond issues, constitutional amendments and ref- erendums. Federal, State and local elections are covered as are elections of special districts, such as school dis- tricts and water districts. (b) Elections for statewide office. If an election conducted by a county relates to Federal or State offices or issues as well as county offices or issues, a coun- ty subject to the bilingual require- ments must insure compliance with those requirements with respect to all aspects of the election, i.e., the minor- ity language material and assistance must deal with the Federal and State offices or issues as well as county of- fices or issues. (c) Multi-county districts. Regarding elections for an office representing more than one county, e.g., State legis- lative districts and special districts that include portions of two or more counties, the bilingual requirements are applicable on a county-by-county basis. Thus, minority language mate- rial and assistance need not be pro- vided by the government in counties not subject to the bilingual require- ments of the Act. Subpart C—Determining the Exact Language § 55.11 General. The requirements of section 4(f)(4) or section 203(c) apply with respect to the languages of language minority groups. The applicable groups are indicated in the determinations of the Attorney General or the Director of the Census. This subpart relates to the view of the Attorney General concerning the deter- mination by covered jurisdictions of precisely the language to be employed. In enforcing the Act, the Attorney General will consider whether the lan- guages, forms of languages, or dialects chosen by covered jurisdictions for use in the electoral process enable mem- bers of applicable language minority VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
134 28 CFR Ch. I (7–1–16 Edition) § 55.12 groups to participate effectively in the electoral process. It is the responsi- bility of covered jurisdictions to deter- mine what languages, forms of lan- guages, or dialects will be effective. For those jurisdictions covered under section 203(c), the coverage determina- tion (indicated in the appendix) may specify the particular language minor- ity group (in parentheses) for which the jurisdiction is covered, but does not specify the language or dialect to be used for such group. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246–87, 53 FR 736, Jan. 12, 1988; Order No. 3291–2011, 76 FR 54112, Aug. 31, 2011] § 55.12 Language used for written ma- terial. (a) Language minority groups having more than one language. Some language minority groups, for example, Filipino Americans, have more than one lan- guage other than English. A jurisdic- tion required to provide election mate- rials in the language of such a group need not provide materials in more than one language other than English. The Attorney General will consider whether the language that is used for election materials is the one most widely used by the jurisdiction’s vot- ing-age citizens who are members of the language minority group. (b) Languages with more than one writ- ten form. Some languages, for example, Japanese, have more than one written form. A jurisdiction required to provide election materials in such a language need not provide more than one version. The Attorney General will consider whether the particular version of the language that is used for elec- tion materials is the one most widely used by the jurisdiction’s voting-age citizens who are members of the lan- guage minority group. (c) Unwritten languages. Many of the languages used by language minority groups, for example, by some American Indians and Alaskan Natives, are un- written. With respect to any such lan- guage, only oral assistance and pub- licity are required. Even though a writ- ten form for a language may exist, a language may be considered unwritten if it is not commonly used in a written form. It is the responsibility of the cov- ered jurisdiction to determine whether a language should be considered writ- ten or unwritten. § 55.13 Language used for oral assist- ance and publicity. (a) Languages with more than one dia- lect. Some languages, for example, Chi- nese, have several dialects. Where a ju- risdiction is obligated to provide oral assistance in such a language, the ju- risdiction’s obligation is to ascertain the dialects that are commonly used by members of the applicable language minority group in the jurisdiction and to provide oral assistance in such dia- lects. (See § 55.20.) (b) Language minority groups having more than one language. In some juris- dictions members of an applicable lan- guage minority group speak more than one language other than English. Where a jurisdiction is obligated to provide oral assistance in the language of such a group, the jurisdiction’s obli- gation is to ascertain the languages that are commonly used by members of that group in the jurisdiction and to provide oral assistance in such lan- guages. (See § 55.20) [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246–87, 53 FR 736, Jan. 12, 1988; Order No. 1752–93, 58 FR 35373, July 1, 1993] Subpart D—Minority Language Materials and Assistance § 55.14 General. (a) This subpart sets forth the views of the Attorney General with respect to the requirements of section 4(f)(4) and section 203(c) concerning the provi- sion of minority language materials and assistance and some of the factors that the Attorney General will con- sider in carrying out his responsibil- ities to enforce section 4(f)(4) and sec- tion 203(c). Through the use of his au- thority under section 5 and his author- ity to bring suits to enforce section 4(f)(4) and section 203(c), the Attorney General will seek to prevent or remedy discrimination against members of lan- guage minority groups based on the failure to use the applicable minority language in the electoral process. The Attorney General also has the respon- sibility to defend against suits brought VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
135 Department of Justice § 55.18 for the termination of coverage under section 4(f)(4) and section 203(c). (b) In discharging these responsibil- ities the Attorney General will respond to complaints received, conduct on his own initiative inquiries and surveys concerning compliance, and undertake other enforcement activities. (c) It is the responsibility of the ju- risdiction to determine what actions by it are required for compliance with the requirements of section 4(f)(4) and section 203(c) and to carry out these ac- tions. § 55.15 Affected activities. The requirements of sections 4(f)(4) and 203(c) apply with regard to the pro- vision of ‘‘any registration or voting notices, forms, instructions, assist- ance, or other materials or information relating to the electoral process, in- cluding ballots.’’ The basic purpose of these requirements is to allow mem- bers of applicable language minority groups to be effectively informed of and participate effectively in voting- connected activities. Accordingly, the quoted language should be broadly con- strued to apply to all stages of the electoral process, from voter registra- tion through activities related to con- ducting elections, including, for exam- ple the issuance, at any time during the year, of notifications, announce- ments, or other informational mate- rials concerning the opportunity to register, the deadline for voter reg- istration, the time, places and subject matters of elections, and the absentee voting process. § 55.16 Standards and proof of compli- ance. Compliance with the requirements of section 4(f)(4) and section 203(c) is best measured by results. A jurisdiction is more likely to achieve compliance with these requirements if it has worked with the cooperation of and to the sat- isfaction of organizations representing members of the applicable language minority group. In planning its compli- ance with section 4(f)(4) or section 203(c), a jurisdiction may, where alter- native methods of compliance are available, use less costly methods if they are equivalent to more costly methods in their effectiveness. § 55.17 Targeting. The term ‘‘targeting’’ is commonly used in discussions of the requirements of section 4(f)(4) and section 203(c). ‘‘Targeting’’ refers to a system in which the minority language materials or assistance required by the Act are provided to fewer than all persons or registered voters. It is the view of the Attorney General that a targeting sys- tem will normally fulfill the Act’s mi- nority language requirements if it is designed and implemented in such a way that language minority group members who need minority language materials and assistance receive them. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 1752–93, 58 FR 35373, July 1, 1993] § 55.18 Provision of minority language materials and assistance. (a) Materials provided by mail. If mate- rials provided by mail (or by some comparable form of distribution) gen- erally to residents or registered voters are not all provided in the applicable minority language, the Attorney Gen- eral will consider whether an effective targeting system has been developed. For example, a separate mailing of ma- terials in the minority language to per- sons who are likely to need them or to residents of neighborhoods in which such a need is likely to exist, supple- mented by a notice of the availability of minority language materials in the general mailing (in English and in the applicable minority language) and by other publicity regarding the avail- ability of such materials may be suffi- cient. (b) Public notices. The Attorney Gen- eral will consider whether public no- tices and announcements of electoral activities are handled in a manner that provides members of the applicable language minority group an effective opportunity to be informed about elec- toral activities. (c) Registration. The Attorney Gen- eral will consider whether the registra- tion system is conducted in such a way that members of the applicable lan- guage minority group have an effective opportunity to register. One method of accomplishing this is to provide, in the VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00145 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
136 28 CFR Ch. I (7–1–16 Edition) § 55.19 applicable minority language, all no- tices, forms and other materials pro- vided to potential registrants and to have only bilingual persons as reg- istrars. Effective results may also be obtained, for example, through the use of deputy registrars who are members of the applicable language minority group and the use of decentralized places of registration, with minority language materials available at places where persons who need them are most likely to come to register. (d) Polling place activities. The Attor- ney General will consider whether poll- ing place activities are conducted in such a way that members of the appli- cable language minority group have an effective opportunity to vote. One method of accomplishing this is to pro- vide all notices, instructions, ballots, and other pertinent materials and oral assistance in the applicable minority language. If very few of the registered voters scheduled to vote at a particular polling place need minority language materials or assistance, the Attorney General will consider whether an alter- native system enabling those few to cast effective ballots is available. (e) Publicity. The Attorney General will consider whether a covered juris- diction has taken appropriate steps to publicize the availability of materials and assistance in the minority lan- guage. Such steps may include the dis- play of appropriate notices, in the mi- nority language, at voter registration offices, polling places, etc., the making of announcements over minority lan- guage radio or television stations, the publication of notices in minority lan- guage newspapers, and direct contact with language minority group organi- zations. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 733–77, 42 FR 35970, July 13, 1977] § 55.19 Written materials. (a) Types of materials. It is the obliga- tion of the jurisdiction to decide what materials must be provided in a minor- ity language. A jurisdiction required to provide minority language materials is only required to publish in the lan- guage of the applicable language mi- nority group materials distributed to or provided for the use of the elec- torate generally. Such materials in- clude, for example, ballots, sample bal- lots, informational materials, and peti- tions. (b) Accuracy, completeness. It is essen- tial that material provided in the lan- guage of a language minority group be clear, complete and accurate. In exam- ining whether a jurisdiction has achieved compliance with this require- ment, the Attorney General will con- sider whether the jurisdiction has con- sulted with members of the applicable language minority group with respect to the translation of materials. (c) Ballots. The Attorney General will consider whether a jurisdiction pro- vides the English and minority lan- guage versions on the same document. Lack of such bilingual preparation of ballots may give rise to the possibility, or to the appearance, that the secrecy of the ballot will be lost if a separate minority language ballot or voting ma- chine is used. (d) Voting machines. Where voting ma- chines that cannot mechanically ac- commodate a ballot in English and in the applicable minority language are used, the Attorney General will con- sider whether the jurisdiction provides sample ballots for use in the polling booths. Where such sample ballots are used the Attorney General will con- sider whether they contain a complete and accurate translation of the English ballots, and whether they contain or are accompanied by instructions in the minority language explaining the oper- ation of the voting machine. The At- torney General will also consider whether the sample ballots are dis- played so that they are clearly visible and at the same level as the machine ballot on the inside of the polling booth, whether the sample ballots are identical in layout to the machine bal- lots, and whether their size and type- face are the same as that appearing on the machine ballots. Where space limi- tations preclude affixing the translated sample ballots to the inside of polling booths, the Attorney General will con- sider whether language minority group voters are allowed to take the sample ballots into the voting booths. VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00146 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
137 Department of Justice Pt. 55, App. § 55.20 Oral assistance and publicity. (a) General. Announcements, pub- licity, and assistance should be given in oral form to the extent needed to en- able members of the applicable lan- guage minority group to participate ef- fectively in the electoral process. (b) Assistance. The Attorney General will consider whether a jurisdiction has given sufficient attention to the needs of language minority group members who cannot effectively read either English or the applicable minority lan- guage and to the needs of members of language minority groups whose lan- guages are unwritten. (c) Helpers. With respect to the con- duct of elections, the jurisdiction will need to determine the number of help- ers (i.e., persons to provide oral assist- ance in the minority language) that must be provided. In evaluating the provision of assistance, the Attorney General will consider such facts as the number of a precinct’s registered vot- ers who are members of the applicable language minority group, the number of such persons who are not proficient in English, and the ability of a voter to be assisted by a person of his or her own choice. The basic standard is one of effectiveness. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 1752–93, 58 FR 35373, July 1, 1993] § 55.21 Record keeping. The Attorney General’s implementa- tion of the Act’s provisions concerning language minority groups would be fa- cilitated if each covered jurisdiction would maintain such records and data as will document its actions under those provisions, including, for exam- ple, records on such matters as alter- natives considered prior to taking such actions, and the reasons for choosing the actions finally taken. Subpart E—Preclearance § 55.22 Requirements of section 5 of the Act. For many jurisdictions, changes in voting laws and practices will be nec- essary in order to comply with section 4(f)(4) or section 203(c). If a jurisdiction is subject to the preclearance require- ments of section 5 (see § 55.8(b)), such changes must either be submitted to the Attorney General or be made the subject of a declaratory judgment ac- tion in the U.S. District Court for the District of Columbia. Procedures for the administration of section 5 are set forth in part 51 of this chapter. Subpart F—Sanctions § 55.23 Enforcement by the Attorney General. (a) The Attorney General is author- ized to bring civil actions for appro- priate relief against violations of the Act’s provisions, including section 4 and section 203. See sections 12(d) and 204. (b) Also, certain violations may be subject to criminal sanctions. See sec- tions 12(a) and (c) and 205. [Order No. 655–76, 41 FR 29998, July 20, 1976, as amended by Order No. 3291–2011, 76 FR 54112, Aug. 31, 2011] Subpart G—Comment on This Part § 55.24 Procedure. These guidelines may be modified from time to time on the basis of expe- rience under the Act and comments re- ceived from interested parties. The At- torney General therefore invites public comments and suggestions on these guidelines. Any party who wishes to make such suggestions or comments may do so by sending them to: Assist- ant Attorney General, Civil Rights Di- vision, Department of Justice, Wash- ington, DC 20530. APPENDIX TO PART 55—JURISDICTIONS COVERED UNDER SECTIONS 4(f)(4) AND 203(c) OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED [APPLICA- BLE LANGUAGE MINORITY GROUP(S)] Jurisdiction Coverage under sec. 4(f)(4) 1 Coverage under sec. 203(c) 2 1 Coverage determinations for Section 4(f)(4) were pub- lished at 40 FR 43746 (Sept. 23, 1975), 40 FR 49422 (Oct. 22, 1975), 41 FR 783 (Jan. 5, 1976) (corrected at 41 FR 1503 (Jan. 8, 1976)), and 41 FR 34329 (Aug. 13, 1976). The Voting Section maintains a current list of those jurisdictions that have maintained successful declaratory judgments from the United States District Court for the District of Columbia pursuant to section 4 of the Act on its Web site at http://www.justice.gov/ crt/about/vot/. See § 55.7 of this part. VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00147 Fmt 8010 Sfmt 8002 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
138 28 CFR Ch. I (7–1–16 Edition) Pt. 56 2 Coverage determinations for Section 203 based on 2000 Census data were published at 67 FR 48871 (July 26, 2002). Subsequent coverage determinations for Section 203 will be based on 2010 American Community Survey census data and subsequent American Community Survey data in 5-year incre- ments, or comparable census data. See section 203(b)(2)(A). New coverage determinations for Section 203 by the Director of the Census Bureau are forthcoming. [Order No. 3291–2011, 76 FR 54112, Aug. 31, 2011] PART 56—INTERNATIONAL ENERGY PROGRAM Sec. 56.1 Purpose and scope. 56.2 Maintenance of records with respect to meetings held to develop voluntary agreements or plans of action pursuant to the Agreement on an International Energy Program. 56.3 Maintenance of records with respect to meetings held to develop and carry out voluntary agreements or plans of action pursuant to the Agreement on an Inter- national Energy Program. A UTHORITY: Energy Policy and Conserva- tion Act, Pub. L. 94–163, 89 Stat. 871 (42 U.S.C. 6201). S OURCE: 49 FR 33998, Aug. 28, 1984, unless otherwise noted. § 56.1 Purpose and scope. These regulations are promulgated pursuant to section 252(e)(2) of the En- ergy Policy and Conservation Act (EPCA), 42 U.S.C. 6272(e)(2). They are being issued by the Assistant Attorney General in charge of the Antitrust Di- vision to whom the Attorney General has delegated his authority under this section of EPCA. The requirements of this part do not apply to activities other than those for which section 252 of EPCA makes available a defense to actions brought under the Federal antitrust laws. § 56.2 Maintenance of records with re- spect to meetings held to develop voluntary agreements or plans of action pursuant to the Agreement on an International Energy Pro- gram. (a) The Administrator of the Depart- ment of Energy shall keep a verbatim transcript of any meeting held pursu- ant to this subpart. (b)(1) Except as provided in para- graphs (b) (2) through (4) of this sec- tion, potential participants shall keep a full and complete record of any com- munications (other than in a meeting held pursuant to this subpart) between or among themselves for the purpose of developing a voluntary agreement under this part. When two or more po- tential participants are involved in such a communication, they may agree among themselves who shall keep such record. Such record shall include the names of the parties to the commu- nication and the organizations, if any, which they represent; the date of the communication; the means of commu- nication; and a description of the com- munication in sufficient detail to con- vey adequately its substance. (2) Where any communication is writ- ten (including, but not limited to, telex, telegraphic, telecopied, micro- filmed and computer printout mate- rial), and where such communication demonstrates on its face that the origi- nator or some other source furnished a copy of the communication to the Of- fice of International Affairs, Depart- ment of Energy with the notation ‘‘Voluntary Agreement’’ marked on the first page of the document, no partici- pant need record such a communica- tion or send a further copy to the De- partment of Energy. The Department of Energy may, upon written notice to potential participants, from time to time, or with reference to particular types of documents, require deposit with other offices or officials of the De- partment of Energy. Where such com- munication demonstrates that it was sent to the Office of International Af- fairs, Department of Energy with the notation ‘‘Voluntary Agreement’’ marked on the first page of the docu- ment, or such other offices or officials in the Department of Energy has des- ignated pursuant to this section it shall satisfy paragraph (c) of this sec- tion, for the purpose of deposit with the Department of Energy. (3) To the extent that any commu- nication is procedural, administrative or ministerial (for example, if it in- volves the location of a record, the place of a meeting, travel arrange- ments, or similar matters,) only a brief notation of the date, time, persons in- volved and description of the commu- nication need be recorded. VerDate Sep<11>2014 12:25 Aug 09, 2016 Jkt 238115 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Q:\28\28V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB
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