(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(5) Changes that have been superseded or for which a determination is premature (see §§51.22, 51.61(b));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.

[Order No. 3262-2011, 76 FR 21246, Apr. 15, 2011]