If this interpretation becomes law, it is going to be a hard standard to meet due to a lack of data. In many states, particularly those recently covered by section 5, districts were routinely either brought over 50% BVAP, or left well below it. That means there will be few examples in those states of districts with BVAPs in the 40s. Without actual results in competitive districts there will be a lot of work for statisticians who have the software for
ecological inference and other models designed to estimate crossover voting strength for a minority bloc.