; and (ii) the court may not round any number. (E) Presumption of violation A plan is presumed to violate paragraph (1) if, on the basis of at least one standard quantitative measure of partisan fairness, it exceeds the applicable threshold described in subparagraph (C) with respect to 2 or more of the 4 elections assessed under subparagraph (B). (F) Stay of use of plan Notwithstanding any other provision of this Act, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (E) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (G) No effect on other assessments The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect or intent of the plan under this section. (4) Determination of intent A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraph (1), (2), or (3) of subsection (b), unless one or more