District Court, or making an administrative submission to the Attorney General, who has 60 days to act on a completed submission. §§ 1973c, 1973l(b), covered jurisdictions seeking preclearance of a new voting change have a choice of filing a declaratory judgment action in the D.C. Pursuant to Sections 5 and 14(b) of the Act, 42 U.S.C. 642, 645 (1977) - a determination which is “foreclosed” to any other court. of Supervisors of Warren County, 429 U.S. 9, 23 (1996), to make the substantive preclearance determination of “whether a proposed change actually discriminates on account of race,” United States v. District Court have “exclusive authority,” Lopez v. the determination whether a covered change does or does not have the purpose or effect ‘of denying or abridging the right to vote on account of race or color.’” Perkins v. “Congress expressly reserved for consideration by the District Court for the District of Columbia or the Attorney General. The Act provides for a division of jurisdiction between “‘substantive discrimination’ questions” and “‘coverage’ questions.’” Allen v. The Voting Rights Act sets forth a unique statutory scheme for resolving issues which arise under the preclearance provisions of Section 5. The Attorney General has primary responsibility for enforcing and administering Section 5. The State of Texas and all of its governmental units, including Galveston County, is subject to the requirements of Section 5 for all voting changes enacted or sought to be administered after November 1, 1972. Section 5 requires covered jurisdictions to show that any new change in voting practices or procedures “neither has the purpose nor will have the effect of denying or abridging the right to vote on account of” race, color or language minority status. Section 5 of the Voting Rights Act precludes covered jurisdictions from implementing voting changes without receiving either administrative preclearance from the Attorney General or judicial preclearance from the District Court for the District of Columbia for those changes. § 517, which authorizes the Attorney General to attend to the interests of the United States in any pending suit. The United States files this Statement of Interest pursuant to 28 U.S.C. You may view the statement of interest in pdf format.
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