dissenting.
Whether or not it was reasonably clear that the Registrar’s actions constituted a change in voting practices and procedures, the Attorney General has concluded that it did, and we accept that conclusion. The justification or lack of justification for the Registrar’s failure to seek preclearance is now irrelevant to the question of the nature of the relief to which the plaintiffs are entitled by virtue of that failure.
This action was filed on August 18,1987. In early September, at this court’s suggestion, and in an equivocal manner, protesting that what they were sending the Attorney General was not truly a “submission,” the defendants did, in fact, seek preclearance. Obviously, the court- by its suggestion intended to accomplish the purposes of Section 5, and these purposes have now been accomplished, albeit with some considerable though unavoidable delays. It is now a scant week before the election, and the defendants have only recently furnished us with a statement of their interpretation of the requirements of Louisiana law for the conduct of the election and for permitting voters improperly purged from the rolls to cast their lawful ballots.
My brothers say that Louisiana law provides broad relief to the plaintiffs now seeking to remedy the injuries caused by the Registrar’s delay in obtaining clearance. It was not clear to the plaintiffs, and it is not clear to me what Louisiana law *1231requires because the exact procedures are not spelled out in any statute or published regulation. At the court’s suggestion, made during oral argument, the Registrar, the Secretary of State, and the State Commissioner of Elections have submitted detailed descriptions of procedures that they say will be taken in compliance with Louisiana law. If these procedures are faithfully implemented, I would not order more. I would, however, now order that the procedures the defendants have proposed, a copy of which is attached, be incorporated in a court order so that both parties will have precise directions, the plaintiffs will have an opportunity to circulate the described procedures as widely as possible in an effort to minimize the effects of the delay they have hitherto suffered as a result of the Registrar’s failure to obtain preclearance, and election day confusion can be held to a minimum.
APPENDIX
Election Procedures
[I]n the primary election scheduled for October 24,1987 and in the general election scheduled for November 21, 1987 with respect to voters canceled effective August 21,1987, as a result of the Annual Canvass and Cancellation in accordance with LSA-R.S. 18:192 and 193, the Office of the Registrar of Voters (“Registrar”) will follow [these] procedures ...[:]
(a) If a commissioner at a precinct within Wards 8 or 9 telephones Registrar, advising that a person has presented himself to vote in the election, but the name of that person is not included on the computer rolls of registered voters furnished to that ward and precinct by the Commissioner of Elections, then Registrar will receive, by telephone, the name of that person, that person’s address and possibly other identifying information from the commissioner at that precinct.
(b) The staff of Registrar will take the information received by telephone from the poll commissioner and will query the official computerized voter registration terminals within the Office of Registrar to determine the status of that person as a current or previous registrant within that ward and precinct.
(c) If it is determined that the person was erroneously canceled effective August 21, 1987 as a result of the 1987 annual canvass and cancellation of ineligible registrants, and if that person executes an “Affidavit of Voter” in the same or similar form as that attached hereto and made a part hereof as Exhibit “A”, and if that Affidavit is executed in the presence of the commissioner, and if that person has represented to the commissioner that he still resides at the same address as that reflected on his previous registration card (computer record) as of the date of cancellation (August 21, 1987), or if that person represented to the commissioner that he has moved within the same ward and precinct where he resided as reflected on his previous registration card (computer record) as of the date of cancellation (August 21, 1987), and if the address given by the person is, in fact, within the same ward and precinct, then Registrar or his authorized deputypes] will instruct the commissioner to allow that person to vote by way of the Affidavit procedure provided for by LSA-R.S. 18:562(B) ... and in accordance with the Opinion of the Attorney General dated October 28, 1986 (Opinion No. 86-716).... Before allowing a person to vote in accordance with this procedure, Registrar reserves the right to request information from such person for identification purposes. For example, the records of Registrar usually include date of birth, social security number, mother’s maiden name and other information. If there is a question as to the identity of person seeking to vote, Registrar may request this information, by telephone or in person, from person seeking to vote whose name is not on the computer printout of registered voters sent to the polling places.
(d) Should a commissioner be unable, due to lack of telephone facilities or otherwise, to verify with Registrar the prior registration information of a person canceled effective August 21, 1987 or otherwise be unable to communicate to Registrar necessary information to accomplish the verifica*1232tion of that person’s eligibility to vote, that person presenting himself to vote may be instructed by the commissioner to present himself at the Office of the Registrar of Voters, Room 1W12, City Hall, where that person will be assisted by Staff of Registrar. Upon verification of his or her address, and the fact that he or she was erroneously canceled as a result of the 1987 Annual Canvass and Cancellation process, Registrar will instruct the person seeking to vote to return to the polling place for the precinct in Ward 8 or 9 in which they reside, and to have the commissioner contact Registrar who will then give telephonic instructions to the commissioner to allow that person to cast a vote in the election pursuant to the Affidavit procedure outlined in LSA-R.S. 18:562(B).
This procedure ... will apply only to those voters who have been canceled effective August 21,1987 as a result of the 1987 annual canvass and cancellation of ineligible voters pursuant to LSA-R.S. 18:192 and 193. Therefore, this procedure shall apply only to Wards 8 and 9, the precincts of which were subject to canvass in 1987. In the event that a person presents himself to vote who has been canceled effective August 21, 1987 and that person has moved from the precinct in which he or she was previously registered to another precinct and has not corrected his address or re-registered, there is no provision for that person to vote on election day, and that person will not be approved by Registrar for voting under the aforementioned Affidavit procedure.
Registrar shall be open from 6:00 a.m. through 9:00 p.m. Registrar will be staffed with thirteen (13) employees, all of whom are qualified to assist commissioners with the identification of voters, the verification of addresses and related information, and to instruct commissioners whether or not to allow persons to vote in accordance with the Affidavit procedure.
On information and belief, the aforementioned policy and procedure are those required by the Election Code and the laws of the State of Louisiana, which procedure the Office of the Registrar will follow to the best of its ability. Although Registrar cannot guarantee the actions of commissioners or personnel of offices other than Registrar who may be involved in the process of Affidavit voting, Registrar and its staff will cooperate in every way possible to facilitate these procedures to the same extent that Registrar cooperates with the commissioners in all elections conducted within the Parish of Orleans.
Affidavit of A.E. Papale, Registrar of Voters for the Parish of Orleans, October 2, 1987.
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For the Primary Election scheduled for October 24, 1987 and the General Election scheduled for November 21,1987, each precinct is provided with ten (10) blank forms.
Additionally, the Clerk of Court for the Criminal District Court for the Parish of Orleans, who is the authority charged with providing additional material, if needed, on election day, will be provided an additional two thousand, five hundred (2,500) copies of the blank form of affidavit described above.
Affidavit of Darrell L. Cobb, Administrator of Commissions, Elections and Publications, for the Office of the Secretary of State, October 2, 1987.
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The policy of [the Department of Elections and Registration] concerning voting by people whose names do not appear on the computer list at the voting poll is found in the Election Code, Title 18 of Louisiana Revised Statutes. Additionally, [the Department] relies on Louisiana Attorney General Opinion No. 86-716, dated October 28,1986 as the statement of policy concerning voters whose names are not on the voting list and who have not changed addresses.
Pursuant to Louisiana Revised Statutes 18:562(B), the Registrar has the authority to determine that the person applying to vote is a qualified registered voter in the precinct where he is applying to vote.
Further, state law requires that Commissioners be trained according to state law.
When a person appears at a polling place and that person’s name does not appear on the roll, the commissioner is required to contact the Office of the Registrar in order for the Registrar’s Office to determine whether or not a mistake has been made as to the registration of that person. If and only if the Registrar or his deputy gives approval, then the commissioner is required to provide an affidavit form that has been filled out to include Ward and Precinct Number and Voter’s Name to the person wishing to vote. The person is required to mark the reason his name was not on the rolls and to sign the affidavit. The commissioner is required to then sign the affidavit, and the person is then allowed to vote and the affidavit is kept in the appropriate file with the voting machine. If the *1234Registrar or his deputy does not give approval, then the person will not be allowed to vote.
If the commissioner is unable, due to lack of telephone facilities or otherwise, to contact the Registrar’s Office, the commissioner shall require the person to appear personally before the Registrar in order to confirm the status of the person wishing to vote. If and only if the Registrar or his deputy provides approval, then the above described affidavit procedure will continue as soon as the person returns to the polling place.
Affidavit of Elsie Cangelosi, Executive Officer in the Department of Elections and Registration, October 2, 1987.