PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 1973b, 1973j(d), 1973aa-la, 1973aa-2. Source: 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 et seq. Attorney General Language minorities language minority group Political subdivision [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 measuring compliance. (a) The purpose of this part is to set forth the Attorney General's interpretation 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 language minority groups to participate effectively in the electoral process. This part establishes two basic standards 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 informed 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 required for compliance with section 4(f)(4) and section 203(c) is the responsibility 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 section 4(f)(4) of the Act are subject to the preclearance requirements of section 5. See part 51 of this chapter. Such jurisdictions have the burden of establishing to the satisfaction of the Attorney 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 section 5. However, section 5 expressly provides that the failure of the Attorney 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 apparatus available for preclearance of section 203(c) compliance activities. The Attorney General will not preclear jurisdictions' 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 section 5 of the Act of changes with respect 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). Consideration by the Attorney General of a jurisdiction's compliance with the requirements of section 203(c) occurs in the consideration of the need for litigation to enforce the requirements of section 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 preclude affected jurisdictions from taking additional steps to further the policy of the Act. By virtue of the Supremacy Clause of Art. VI of the Constitution, 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 jurisdiction subject to their terms “provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in * * * English. * * *” Subpart B—Nature of Coverage § 55.4 Effective date; list of covered jurisdictions. (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 See (2) The requirements of section 203(c) take effect upon publication in the Federal Register See (b) Jurisdictions determined to be covered under section 4(f)(4) or section 203(c) are listed, together with the language minority group with respect to which coverage was determined, in the appendix to this part. Any additional determinations of coverage under either 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. (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 materials were provided only in English on November 1, 1972, and (3) Fewer than 50 percent of the voting-age citizens were registered to vote or voted in the 1972 Presidential election. All three conditions must be satisfied before coverage exists under section 4(f)(4). 1 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 subdivisions as well as to the State. In other words, each political subdivision within a covered State is subject to the same requirements as the State. (2) Where an entire State is not covered under section 4(f)(4), individual political subdivisions may be covered. § 55.6 Coverage under section 203(c). (a) Coverage formula. 2 2 (1) Political subdivision approach. (i) More than 5 percent of its voting age citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate. (2) State approach. (i) It is located in a state in which more than 5 percent of the voting age citizens are members of a single language minority and are limited-English proficient; (ii) The illiteracy rate of such language minority citizens in the state is higher than the national illiteracy rate; and (iii) Five percent or more of the voting age citizens of the political subdivision are members of such language minority group and are limited-English proficient. (3) Numerical approach. (i) More than 10,000 of its voting age citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate. (4) Indian reservation approach. (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 language minority citizens is higher than the national illiteracy rate. (b) Definitions. limited-English proficient Indian reservation illiteracy (c) Determinations. [Order No. 1752-93, 58 FR 35372, July 1, 1993] § 55.7 Termination of coverage. (a) Section 4(f)(4). (b) Section 203(c). [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) regarding minority language material and assistance are essentially identical. (b) Jurisdictions subject to the requirements of section 4(f)(4)—but not jurisdictions subject only to the requirements 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 observers). 2 2 (c) Although the coverage formulas applicable to section 4(f)(4) and section 203(c) are different, a political subdivision may be included within both of the coverage formulas. Under these circumstances, 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 within 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 political units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the same requirements as the political subdivision. § 55.10 Types of elections covered. (a) General. (b) Elections for statewide office. (c) Multi-county districts. 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 determination by covered jurisdictions of precisely the language to be employed. In enforcing the Act, the Attorney General will consider whether the languages, forms of languages, or dialects chosen by covered jurisdictions for use in the electoral process enable members of applicable language minority groups to participate effectively in the electoral process. It is the responsibility of covered jurisdictions to determine what languages, forms of languages, or dialects will be effective. For those jurisdictions covered under section 203(c), the coverage determination (indicated in the appendix) may specify the particular language minority 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 material. (a) Language minority groups having more than one language. (b) Languages with more than one written form. (c) Unwritten languages. § 55.13 Language used for oral assistance and publicity. (a) Languages with more than one dialect. (b) Language minority groups having more than one language. [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 provision of minority language materials and assistance and some of the factors that the Attorney General will consider in carrying out his responsibilities to enforce section 4(f)(4) and section 203(c). Through the use of his authority under section 5 and his authority 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 language minority groups based on the failure to use the applicable minority language in the electoral process. The Attorney General also has the responsibility to defend against suits brought for the termination of coverage under section 4(f)(4) and section 203(c). (b) In discharging these responsibilities 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 jurisdiction 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 actions. § 55.15 Affected activities. The requirements of sections 4(f)(4) and 203(c) apply with regard to the provision of “any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.” The basic purpose of these requirements is to allow members of applicable language minority groups to be effectively informed of and participate effectively in voting-connected activities. Accordingly, the quoted language should be broadly construed to apply to all stages of the electoral process, from voter registration through activities related to conducting elections, including, for example the issuance, at any time during the year, of notifications, announcements, or other informational materials concerning the opportunity to register, the deadline for voter registration, the time, places and subject matters of elections, and the absentee voting process. § 55.16 Standards and proof of compliance. 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 satisfaction of organizations representing members of the applicable language minority group. In planning its compliance with section 4(f)(4) or section 203(c), a jurisdiction may, where alternative 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 system will normally fulfill the Act's minority 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. (b) Public notices. (c) Registration. (d) Polling place activities. (e) Publicity. [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. (b) Accuracy, completeness. (c) Ballots. (d) Voting machines. § 55.20 Oral assistance and publicity. (a) General. (b) Assistance. (c) Helpers. [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 implementation of the Act's provisions concerning language minority groups would be facilitated if each covered jurisdiction would maintain such records and data as will document its actions under those provisions, including, for example, records on such matters as alternatives 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 necessary in order to comply with section 4(f)(4) or section 203(c). If a jurisdiction is subject to the preclearance requirements 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 action 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 authorized to bring civil actions for appropriate 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 sections 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 experience under the Act and comments received from interested parties. The Attorney 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: Assistant Attorney General, Civil Rights Division, Department of Justice, Washington, DC 20530. Appendix to Part 55—Jurisdictions Covered Under Sections 4( f c Jurisdiction Coverage under sec. 4(f)(4) 1 Coverage under sec. 203(c) 2 1 http://www.justice.gov/crt/about/vot/. 2 [Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011]