From discussions with a number of people, both on and off the election law listserv (see especially here), I would now suggest amending my earlier proactive bailout proposal in two ways:
1. The DOJ should be able to request that covered jurisdictions compile information and submit the information to assist with the task of figuring out which jurisdictions should be entitled to bailout.
2. Given the large number of jurisdictions, DOJ should have three years to prepare its initial list of jurisdictions entitled to bail out, prioritizing by beginning with those jurisdictions most likely to bail out (and producing an interim list at the end of each of the three years). After the three year period, DOJ would produce an annual updated list.