28 C.F.R. · Judicial Administration
28 C.F.R. § 51.59

Redistricting plans.

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28 C.F.R. § 51.59 — Redistricting plans.

§ 51.59 Redistricting plans. (a) Relevant factors. In determining whether a submitted redistricting plan has a prohibited purpose or effect the Attorney General, in addition to the factors described above, will consider the following factors (among others): (1) The extent to which malapportioned districts deny or abridge the right to vote of minority citizens; (2) The extent to which minority voting strength is reduced by the proposed redistricting; (3) The extent to which minority concentrations are fragmented among different districts; (4) The extent to which minorities are over concentrated in one or more districts; (5) The extent to which available alternative plans satisfying the jurisdiction's legitimate governmental interests were considered; (6) The extent to which the plan departs from objective redistricting criteria set by the submitting jurisdiction, ignores other relevant factors such as compactness and contiguity, or displays a configuration that inexplicably disregards available natural or artificial boundaries; and (7) The extent to which the plan is inconsistent with the jurisdiction's stated redistricting standards. (b) Discriminatory purpose. A jurisdiction's failure to adopt the maximum possible number of majority-minority districts may not be the sole basis for determining that a jurisdiction was motivated by a discriminatory purpose. [Order No. 3262–2011, 76 FR 21249, Apr. 15, 2011]

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