Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups

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.
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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
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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.
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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,
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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
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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
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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
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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.
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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.
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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.
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