; and (B) the Election Assistance Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. (4) Consultation with legislature The chief State election official of the State shall develop the State plan submitted under paragraph (1) and any revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. (5) Rules for States that do not submit a State plan If a State fails to submit a State plan described in section 102 before the date required under paragraph (1)(A), under rules established by the Director— (A) for purposes of this title (other than section 104)— (i) each political subdivision within the State shall be treated as a State for purposes of this title (other than section 104); and (ii) in applying this title to such political subdivision, any duties required of the chief State election official shall be undertaken by the executive official of such political subdivision charged with the administration of elections; (B) in applying this subsection to any political subdivision of the State— (i) paragraph (1)(A) shall be applied by substituting the first day of the fiscal year for 90 days before the first day of the fiscal year ; (ii) paragraph (1)(B) shall be applied by substituting 30 days after the first day of the fiscal year for 45 days before the first day of the fiscal year ; and (iii) paragraph (4) shall not apply; and (C) the amount of the allocation made to each such political subdivision under the Program shall be the sum of— (i) an amount which bears the same proportion to the amount determined under section 104 with respect to the State in which the political subdivision is located as— (I) the population of the political subdivision; bears to (II) the population of such State