28 CFR §51.35
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)When the Attorney General determines that a response on the merits of a submitted change is inappropriate, the Attorney General shall notify the submitting official in writing within the 60-day period that would have commenced for a determination on the merits and shall include an explanation of the reason why a response is not appropriate.
- (b)Matters that are not appropriate for a merits response include:
- (1)Changes that do not affect voting (see § 51.13);
- (2)Standards, practices, or procedures that have not been changed (see §§ 51.4, 51.14);
- (3)Changes that previously have received preclearance;
- (4)Changes that affect voting but are not subject to the requirement of section 5 (see § 51.18);
- (5)Changes that have been superseded or for which a determination is premature (see §§ 51.22, 51.61(b));
- (6)Submissions by jurisdictions not subject to the preclearance requirement (see §§ 51.4, 51.5);
- (7)Submissions by an inappropriate or unauthorized party or jurisdiction (see § 51.23); and
- (8)Deficient submissions (see § 51.26(d)).
- (c)Following such a notification by the Attorney General, a change shall be deemed resubmitted for section 5 review upon the Attorney General's receipt of a submission or other written information that renders the change appropriate for review on the merits (such as a notification from the submitting authority that a change previously determined to be premature has been formally adopted). Notice of the resubmission of a change affecting voting will be given to interested parties registered under § 51.32.