georgia argued decided may november state georgia submitted attorney general consideration voting rights act house reapportionment plan two weeks later attorney general requested additional information received january march attorney general citing combination inter alia multimember districts majority runoff elections numbered posts objected plan unable conclude discriminatory racial effect voting state legislature enacted superseding plan submitted march rejected attorney general march overcoming previous objections brought suit enjoin holding elections plan legislature decided new reapportionment district held plan came act issued injunction held georgia reapportionment changes potential diluting negro voting power standards practices procedures respect voting within meaning voting rights act cf allen state board elections pp attorney general applying permissible regulation placed burden georgia submitting party prove plan racially discriminatory purpose effect voting state failed meet burden pp georgia claim attorney general seasonably object plan may well moot view timely objection superseding plan event claim lacks merit attorney general regulation statutory period begins run time necessary information furnished reasonable comports act pp elections conducted plan stay order new elections required future elections plan enjoined plan withstanding clearance procedures submitted stewart delivered opinion douglas brennan marshall blackmun joined burger filed opinion concurring result post white filed dissenting opinion powell rehnquist joined post powell filed dissenting opinion post harold hill executive assistant attorney general georgia argued cause appellants briefs arthur bolton attorney general robert castellani dorothy kirkley assistant attorney general deputy solicitor general wallace argued cause brief solicitor general griswold assistant attorney general norman james turner william bradford reynolds john hoyle stephen pollak richard sharp armand derfner filed brief national association advancement colored people et al amici curiae urging affirmance justice stewart delivered opinion attorney general brought suit voting rights act amended enjoin state georgia conducting elections house representatives legislative reapportionment law district northern district georgia agreed certain aspects reapportionment law came within ambit act state subject provisions obtained prior clearance either attorney general district district columbia accordingly without reaching question whether reapportionment plan purpose effect denying abridging right vote account race color district issued requested injunction state brought appeal noted probable jurisdiction staying enforcement district judgment pending disposition appeal following census georgia legislature set reapportion state house representatives state senate federal congressional electoral districts concerned reapportionment plan state house representatives result legislature deliberations plan hereinafter plan compared prior scheme decreased number districts increased number multimember districts whereas prior apportionment plan generally preserved county lines plan multimember districts districts irregularly crossed county boundaries boundaries nearly districts changed many instances number representatives per district altered residents counties formerly districts brought multimember districts continuing georgia law candidate receiving less majority votes cast position required participate majority runoff election code ann multimember districts candidate required designate seat running referred numbered post code ann section voting rights act forbids subject act implementing change voting qualification prerequisite voting standard practice procedure respect voting without first obtaining declaratory judgment district district columbia proposed change purpose effect denying abridging right vote account race color submitting plan attorney general receiving objection within days pursuant requirement state georgia submitted plan attorney general november two weeks later representative department justice wrote state attorney general requesting information needed assess racial impact tendered plan information received january march attorney general formally objected state plan objection letter cited combination multimember districts numbered posts majority runoff elections extensive departure state prior policy adhering county lines basis changes plus particular changes structure potential black majority districts attorney general unable conclude plan discriminatory racial effect voting letter stated attorney general therefore felt obligated interpose objection changes submitted reapportionment plans state legislature immediately enacted new reapportionment plan repealed predecessor plan increased number districts decreased number multimember districts multimember districts districts still crossed county boundaries plan submitted attorney general march objected march assistant attorney general letter stated part careful analysis act redistricting georgia house representatives must conclude reapportionment satisfactorily remove features found objectionable prior submission namely combination districts numbered posts majority runoff requirement discussed march letter interposing objection earlier section submission accordingly reasons enunciated march letter must behalf attorney general object reapportioning georgia house representatives state georgia claims inapplicable house plan act reach reapportionment plan constitute change procedures force effect november applicable act claimed unconstitutional applied state also challenges two aspects attorney general conduct objection procedure claiming first attorney general object state plan without finding fact discriminatory purpose effect second attorney general objection plan made within time period allowed objection act despite fact multimember districts numbered posts majority runoff requirement features georgia election law prior november changes followed reapportionment plainly sufficient invoke section act reaches substance changes section concerned simple inventory voting procedures rather reality changed practices affect negro voters seems clear extensive reorganization voting districts creation multimember districts place districts certain areas amounted substantial departures electoral state things previous law real question whether substance changes undertaken part state reapportionment standards practices procedures respect voting within meaning prior decisions compel conclusion changes sort included georgia house reapportionment plan cognizable south carolina katzenbach upheld basic constitutionality voting rights act justice black dissented judgment extent held every part constitutional precisely describing broad sweep section goes provide state covered way amend constitution laws relating voting without first trying persuade attorney general federal district district columbia new proposed laws purpose effect denying right vote citizens account race color concurring dissenting opinion congress disagreed interpretation allen ample opportunity amend statute extensive deliberations bills extend voting rights act allen case repeatedly discussed act extended five years without substantive modification pub stat conclude allen correctly interpreted congressional design held act gives broad interpretation right vote recognizing voting includes action necessary make vote effective another measure decisiveness allen controls present case actual practice covered since allen case decided georgia example submitted plan attorney general clearly believed plan covered submission made pursuant state attorney general explained submission reapportionment georgia house representatives submitted time prior allen board elections believed unnecessary submit reapportionment plans attorney general pursuant voting rights act attorney general objected georgia changed house plan resubmitted pursuant covered act also read allen controlling brief advises us december reapportionment plans presented attorney general various approval present posture case question whether redistricting georgia house including extensive shifts multimember districts fact racially discriminatory purpose effect question rather whether changes potential diluting value negro vote within definitional terms beyond doubt potential exists cf whitcomb chavis view teaching allen reaffirmed perkins matthews hold district correct deciding changes enacted reapportionment plan georgia house representatives within ambit voting rights act reasons stated length south carolina katzenbach reaffirm act permissible exercise congressional power fifteenth amendment ii way implementing performance obligation pass state submissions attorney general promulgated published federal register certain administrative regulations cfr part appellants claim regulations without legislative authorization object particular application present case two regulations set forth standards decision submissions fully define time period provided act true appellants contend authorize attorney general promulgate regulations also silent procedures attorney general employ deciding whether object state submissions standards governing contents submissions meaning time period attorney general object rather reading statute grant unfettered discretion procedures standards administration sensitive area attorney general chosen instead formulate publish objective ground rules regulations reasonable conflict voting rights act gives head executive department power prescribe regulations government department distribution performance business surely ample legislative authority regulations see morehead smith cfr attorney general set forth standards employed deciding whether object state submission regulation burden proof submitting party attorney general refrain objecting review material submitted satisfies proposed change racially discriminatory purpose effect persuaded contrary within time period satisfy change without discriminatory purpose effect regulation attorney general object submission objecting plan assistant attorney general wrote unable conclude plan discriminatory racial effect voting objection letter plan specify degree certainty plan discriminatory impact instead stated new plan remedied features found objectionable predecessor although objections consistent attorney general regulations appellants effect attack legitimacy regulation described contending attorney general without power object unless actually found changes contained submission discriminatory purpose effect assessing claim important focus entire scheme portion voting rights act essentially freezes election laws covered unless declaratory judgment obtained district district columbia holding proposed change without discriminatory purpose effect alternative procedure submission attorney general merely gives covered state rapid method rendering new state election law enforceable allen state board elections well established declaratory judgment action plaintiff state burden proof attorney general regulations place burden submitting party objection procedure though choice language objection letter sent state georgia model precision context promulgated regulations letter surely notified state sufficient clarity sustained burden proving proposed changes free racially discriminatory effect necessary hold allocation burden proof attorney general possible choice act order find reasonable means administering obligation less stringent standard might well rendered formal declaratory judgment procedure dead letter making available covered far smoother path clearance attorney general choice proof standard thus least reasonable consistent act hold objection pursuant standard lawful effective appellant final contention attorney general objection plan untimely submitted plan held district gone effect far clear claim simply moot since state enactment establishing plan explicitly repealed plan objection plan clearly within statutory time period event claim without merit promulgating regulations attorney general dealt several aspects time limit established act regulations provide calendar days count part allotted period parties whose submissions objected may seek reconsideration basis new information obtain ruling within days request period shall commence time department justice receives submission satisfying enumerated requirements cfr present case attorney general found initial submission plan incomplete regulations two weeks receiving requested additional information letter referred cfr regulation providing request additional information noted additional regulatory provision period commence information received state submit requested data january regulation period commenced date department justice made objection within days march appellants argue attorney general granted time statute provides promulgating regulations suspending time period complete submission received question whether regulation reasonable administrative effectuation act judgment attorney general must make difficult complex one one argue made without adequate information serious claim case additional information requested unnecessary irrelevant evaluation submitted reapportionment plan yet attorney general denied power suspend period complete submission tendered plausible response inadequate incomplete submission simply object leave state submit adequate information wished take advantage means clearance result add acrimony administration conclude therefore facet attorney general regulations wholly reasonable consistent act iii foregoing reasons judgment district affirmed since however elections conducted disputed plan reason stay order inequitable require new elections time case remanded district instructions future elections georgia house reapportionment plan enjoined unless state pursuant voting rights act tenders attorney general plan object obtains favorable declaratory judgment district district columbia ordered footnotes supp objection interposed respect state senate federal congressional districts justice department asked census maps house districts distribution white nonwhite population within districts history primary general elections negro candidates ran data including race respect elected state representatives legislative history redistricting bills see hearings subcommittee house committee judiciary similar proposals hearings subcommittee constitutional rights senate committee judiciary bills amend voting rights act david norman deputy assistant attorney general civil rights division testified decisions redistricting plans going submitted attorney general approval voting changes senate hearings supra appellants point language allen opinion say left open question applicability state reapportionment law cited passage allen follows appellees fairley patterson also argue intended apply change district voting application cause conflict administration reapportionment legislation contend broad reading enforcement reapportionment plan enjoined failure meet approval requirements even though plan approved federal appellees urge congress intended force submit reapportionment plan two different courts must reject narrow construction appellees give argument administrative problem might arise future establish congress intended narrow scope leave another case consideration possible conflict georgia argued approval needed respect electoral districts change standard practice procedure respect voting occurred appropriate case state might establish reapportionment plan left districts unaffected even minor change potential diluting value negro vote decide whether georgia show existence unaffected districts case leave issue consideration district remand title cfr pertinent part burden proof submitting authority submitting changes attorney general submitting changes district district columbia attorney general satisfied submitted change racially discriminatory purpose effect object change notify submitting authority attorney general determines submitted change racially discriminatory purpose effect enter objection notify submitting authority evidence purpose effect change conflicting attorney general unable resolve conflict within period shall consistent burden proof applicable district enter objection notify submitting authority effect shift burden proof respect racial discrimination voting rather requiring affected parties bring suit challenge every changed voting practice subject required obtain prior clearance proposed changes put effect burden proof areas seeking relief south carolina katzenbach see senate bill mar letter sent attorney general georgia stated preliminary examination materials submitted led department justice conclude data sent attorney general insufficient evaluate properly changes submitted accordance sections procedures administration section voting rights act please assist us providing department following additional information promulgated regulations define cfr contents submission section respect redistricting annexation complex changes information attorney general determines required enable evaluate purpose effect change information may include items listed paragraph section information required attorney general shall notify submitting authority manner provided see supra appellants contend allow attorney general promulgate regulation open way frivolous repeated delays justice department laws vital concern covered conduct attorney general presented upholding basic validity regulation assuredly prejudge case unwarranted administrative conduct may shown furthermore submission attorney general exclusive mode preclearance state finds attorney general delays unreasonable objects submission state may still enforce legislation upon securing declaratory judgment district district columbia allen state board elections chief justice burger concurring result concur result reached mandate allen state board elections previously expressed reservations correctness holding see perkins matthews blackmun concurring judgment justice white justice powell justice rehnquist join dissenting section voting rights act provides covered state may put effect change voting qualifications voting standards practices procedures either procures declaratory judgment district district columbia effect alteration purpose effect denying abridging right vote account race color submits alteration attorney general objection interposed official ensuing days case attorney general interposed objection march march reapportionment plan georgia house representatives shortly thereafter sued enjoin use plan ground state obtained neither approval attorney general declaratory judgment district held applicable changes state apportionment plans section prevented march reapportionment going effect agree light prior cases congressional section must held reach state reapportionment statutes contrary however view attorney general interpose objection contemplated therefore barrier march reapportionment going effect arguable sparse language act merely says state modification go effect unless attorney general enters objection objection whatsoever filed official suffice foreclose effectiveness new legislation force state district burden proving law unconstitutional believe however congress intended visit upon consequences uncontrolled discretion attorney general surely objections attorney general valid officer considered busy give attention submissions simply decided object one filed governors different political persuasion neither think congress anticipate attorney general discharge statutory duty simply stating persuaded proposed change election procedures forbidden discriminatory effect far realistic reasonable assume congress expected attorney general give careful consideration submissions within days receiving information deemed necessary make mind whether proposed change discriminatory purpose effect object thereto although constitutionality long since upheld south carolina katzenbach remains serious matter sovereign state must submit legislation federal authorities may take effect even serious insist initiate litigation carry burden proof constitutionality simply state employed particular test device sufficiently low percentage citizens voted elections state forced shoulder burden proposed change colorless country highest legal officer professes inability make mind legality object must conclude proposed change forbidden purpose effect given proper objection matter take familiar adversary cast appear solid basis least probable cause federal charge usually imports insisting judicial clearance moreover issues state well litigative burden state bear known examined intelligent decision made whether institute suit district state may left less sea attorney general need merely announce convinced law submitted discriminatory idea obligation department justice respect submission similar congress provided provision state otherwise covered act terminate coverage securing declaratory judgment discriminatory test device used past years litigation section goes provide attorney general must consent entry judgment reason believe discriminatory test device used years preceding filing action thus even far important context determining whether state respect covered act attorney general object decree favorable state must reason believe state tests devices prohibited effect employed past surely issue termination vel non purpose effect single statute regulation modification voting procedures untoward insist attorney general object implementation change unless reason believe amendment prohibited purpose effect able object simply saying make mind evidence equipoise justice powell dissenting reasons stated opinion agree justice white attorney general comply voting rights act therefore georgia reapportionment act allowed go effect indeed serious intrusion incompatible basic structure system federal authorities compel state submit legislation advance review minimum assuming constitutionality act attorney general required comply explicitly invoke provisions able make affirmative finding rather ambivalent one justice black stated power vested federal officials act veto state laws advance effectiveness distorts constitutional structure government south carolina katzenbach concurring dissenting similar appraisal made justice harlan characterized construed revolutionary innovation american government allen state board elections concurring dissenting doubt power congress fifteenth amendment enact appropriate legislation assure rights citizens vote shall denied abridged infringed way account race color previous condition servitude indeed view power enact legislation duty disagreement unprecedented requirement advance review state local legislative acts federal authorities rendered noxious selective application