Bill Text: NY A06678 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the John R. Lewis Voting Rights Act of New York; establishes rights of actions for denying or abridging the right of any member of a protected class to vote; provides assistance to language-minority groups; provides for preclearance of certain voting policies; makes related provisions.
Spectrum: Partisan Bill (Democrat 68-0)
Status: (Introduced - Dead) 2022-06-02 - substituted by s1046e [A06678 Detail]
Download: New_York-2021-A06678-Amended.html
Bill Title: Relates to the John R. Lewis Voting Rights Act of New York; establishes rights of actions for denying or abridging the right of any member of a protected class to vote; provides assistance to language-minority groups; provides for preclearance of certain voting policies; makes related provisions.
Spectrum: Partisan Bill (Democrat 68-0)
Status: (Introduced - Dead) 2022-06-02 - substituted by s1046e [A06678 Detail]
Download: New_York-2021-A06678-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6678--A 2021-2022 Regular Sessions IN ASSEMBLY March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, PERRY, CRUZ, RICHARD- SON, REYES, SIMON, L. ROSENTHAL -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to establishing the John R. Lewis Voting Rights Act of New York, establishing rights of action for denying or abridging of the right of any member of a protected class to vote, establishing and maintaining a statewide database of voting and election data, providing assistance to language-minority groups, requiring certain political subdivisions to receive preclear- ance for potential violations of the NYVRA, and creating civil liabil- ity for voter intimidation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "John R. 2 Lewis Voting Rights Act of New York (NYVRA)". 3 § 2. Sections 17-100 through 17-170 of article 17 of the election law 4 are designated title 1 and a new title heading is added to read as 5 follows: 6 VIOLATIONS OF THE ELECTIVE FRANCHISE 7 § 3. The article heading of article 17 of the election law is amended 8 to read as follows: 9 [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE 10 § 4. Article 17 of the election law is amended by adding a new title 2 11 to read as follows: 12 TITLE 2 13 JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02423-06-1A. 6678--A 2 1 Section 17-200. Legislative purpose and statement of public policy. 2 17-202. Interpretation of laws related to elective franchise. 3 17-204. Definitions. 4 17-206. Rights of action. 5 17-208. Maintenance of voting and election data. 6 17-210. Assistance for language-minority groups. 7 17-212. Preclearance. 8 17-214. Right of action against voter intimidation, deception or 9 obstruction. 10 17-216. Authority to issue subpoenas. 11 17-218. Expedited judicial proceedings and preliminary relief. 12 17-220. Attorneys' fees. 13 17-222. Applicability. 14 17-224. Severability. 15 § 17-200. Legislative purpose and statement of public policy. In 16 recognition of the protections for the right to vote provided by the 17 constitution of the state of New York, which substantially exceed the 18 protections for the right to vote provided by the constitution of the 19 United States, and in conjunction with the constitutional guarantees of 20 equal protection, freedom of expression, and freedom of association 21 under the law and against the denial or abridgement of the voting rights 22 of members of a race, color, or language-minority group, it is the 23 public policy of the state of New York to: 24 1. Encourage participation in the elective franchise by all eligible 25 voters to the maximum extent; and 26 2. Ensure that eligible voters who are members of racial, color, and 27 language-minority groups shall have an equal opportunity to participate 28 in the political processes of the state of New York, and especially to 29 exercise the elective franchise. 30 § 17-202. Interpretation of laws related to elective franchise. In 31 further recognition of the protections for the right to vote provided by 32 the constitution of the state of New York, statutes, rules and regu- 33 lations, and local laws or ordinances related to the elective franchise 34 shall be construed liberally in favor of (a) protecting the right to 35 cast an effective ballot; (b) ensuring that eligible voters are not 36 impaired in registering to vote or voting including having their votes 37 counted, and (c) ensuring equitable access with regard to race, color, 38 and language-minority groups to opportunities to register to vote and to 39 vote. 40 § 17-204. Definitions. For the purposes of this title: 41 1. "At-large" method of election means a method of electing members to 42 the governing body of a political subdivision: (a) in which all of the 43 voters of the entire political subdivision elect each of the members to 44 the governing body; (b) in which the candidates are required to reside 45 within given areas of the political subdivision and all of the voters of 46 the entire political subdivision elect each of the members to the 47 governing body; or (c) that combines at-large elections with district- 48 based elections, unless the only member of the governing body of a poli- 49 tical subdivision elected at-large holds exclusively executive responsi- 50 bilities. At-large method of election does not include ranked-choice 51 voting, cumulative voting, and limited voting. 52 2. "District-based" method of election means a method of electing 53 members to the governing body of a political subdivision using a 54 districting or redistricting plan in which each member of the governing 55 body resides within a district or ward that is a divisible part of the 56 political subdivision and is elected only by voters residing within thatA. 6678--A 3 1 district or ward, except for a member of the governing body that holds 2 exclusively executive responsibilities. 3 3. "Alternative" method of election means a method of electing members 4 to the governing body of a political subdivision using a method other 5 than at-large or district-based, including, but not limited to, ranked- 6 choice voting, cumulative voting, and limited voting. 7 4. "Political subdivision" means a geographic area of representation 8 created for the provision of government services, including, but not 9 limited to, a county, city, town, village, school district, or any other 10 district organized pursuant to state or local law. 11 5. "Protected class" means a class of eligible voters who are members 12 of a race, color, or language-minority group, as referenced and defined 13 in the federal voting rights act. 14 6. "Racially polarized voting" means voting in which there is a 15 difference in the candidate or electoral choice preferred by members in 16 a protected class, and the candidate or electoral choice preferred by 17 the rest of the electorate. The methodologies for estimating group 18 voting behavior as approved in applicable federal cases to enforce the 19 federal voting rights act to establish racially polarized voting may be 20 used for purposes of this subdivision to prove that elections are char- 21 acterized by racially polarized voting, but those methodologies shall 22 not be the exclusive means of proving racially polarized voting. 23 7. "Federal voting rights act" means the federal Voting Rights Act of 24 1965, 52 U.S.C. § 10301 et seq. 25 8. The "civil rights bureau" means the civil rights bureau of the 26 office of the attorney general. 27 § 17-206. Rights of action. 1. Right of action against voter 28 suppression. (a) No voting qualification, prerequisite to voting, law, 29 ordinance, standard, practice, procedure, regulation, or policy shall be 30 enacted or implemented by any board of elections or political subdivi- 31 sion in a manner that results in a denial or abridgement of the right of 32 any member of a protected class to vote. 33 (b) A violation is established if, based on the totality of the 34 circumstances, the ability of members of the protected class to elect 35 candidates of their choice or influence the outcome of elections is 36 impaired. 37 (c) For political subdivisions where either the primary or general 38 election is held on a date that is not concurrent with the primary or 39 general election dates for state, county, or city office as established 40 in section eight of article three or section eight of article thirteen 41 of the constitution, and in state law, there shall be a presumption that 42 the date of election results in the denial or abridgement of the right 43 to vote where for three consecutive general elections in which there is 44 at least one contested race for an office, the number of actual voters 45 in each contested election is less than twenty-five percent of the total 46 number of votes cast in the most recent general election for the presi- 47 dency of the United States by voters in the political subdivision, or in 48 which, for any protected class consisting of at least twenty-five thou- 49 sand citizens of voting age or whose members comprise at least ten 50 percent of the citizen voting age population, the percent of members of 51 that protected class that are actual voters is at least twenty-five 52 percent lower than the percent of citizens of voting age that are not 53 members of that protected class that are actual voters. 54 2. Right of action against vote dilution. (a) A method of election, 55 including at-large, district-based, or alternative, shall not have the 56 effect of impairing the ability of members of a protected class to electA. 6678--A 4 1 candidates of their choice or influence the outcome of elections, as a 2 result of the dilution or the abridgment of the rights of members of the 3 protected class. 4 (b) A violation of this subdivision shall be: 5 (i) established if a political subdivision uses an at-large method of 6 election and it is shown that either: (A) voting patterns of members of 7 the protected class within the political subdivision are racially polar- 8 ized; or (B) under the totality of the circumstances, the ability of 9 members of the protected class to elect candidates of their choice or 10 influence the outcome of elections is impaired; or 11 (ii) established if a political subdivision uses a district-based or 12 alternative method of election and it is shown that candidates or elec- 13 toral choices preferred by members of the protected class would usually 14 be defeated, and either: (A) voting patterns of members of the protected 15 class within the political subdivision are racially polarized; or (B) 16 under the totality of the circumstances, the ability of members of the 17 protected class to elect candidates of their choice or influence the 18 outcome of elections is impaired; or 19 (iii) presumptively established if it is shown that the political 20 subdivision used race, color, or language-minority group, or another 21 characteristic that serves as a proxy for race, color, or language-mi- 22 nority group, for the purpose of districting or redistricting. A poli- 23 tical subdivision shall only rebut this presumption by showing that 24 race, color, or language-minority group, or another characteristic that 25 serves as a proxy for race, color, or language-minority group, was used 26 to the extent necessary to comply with this title, the federal voting 27 rights act, the constitution, or the constitution of the United States. 28 (c) In assessing whether voting patterns of members of the protected 29 class within the political subdivision are racially polarized or whether 30 candidates or electoral choices preferred by members of the protected 31 class would usually be defeated: (i) elections conducted prior to the 32 filing of an action pursuant to this subdivision are more probative than 33 elections conducted after the filing of the action; (ii) evidence 34 concerning elections for members of the governing body of the political 35 subdivision are more probative than evidence concerning other elections; 36 (iii) statistical evidence is more probative than non-statistical 37 evidence; (iv) where there is evidence that more than one protected 38 class of eligible voters are politically cohesive in the political 39 subdivision, members of each of those protected classes may be combined; 40 (v) evidence concerning the intent on the part of the voters, elected 41 officials, or the political subdivision to discriminate against a 42 protected class is not required; (vi) evidence that voting patterns and 43 election outcomes could be explained by factors other than racially 44 polarized voting, including but not limited to partisanship, shall not 45 be considered; (vii) evidence that sub-groups within a protected class 46 have different voting patterns shall not be considered; (viii) evidence 47 concerning whether members of a protected class are geographically 48 compact or concentrated shall not be considered, but may be a factor in 49 determining an appropriate remedy; and (ix) evidence concerning project- 50 ed changes in population or demographics shall not be considered, but 51 may be a factor, in determining an appropriate remedy. 52 3. Evaluation of totality of the circumstances. In assessing whether, 53 under the totality of the circumstances, the ability of members of the 54 protected class to elect candidates of their choice or influence the 55 outcome of elections is impaired, factors that may be considered shall 56 include, but not be limited to: (a) the history of discrimination in theA. 6678--A 5 1 political subdivision, geographic region, or the state; (b) the extent 2 to which members of the protected class have been elected to office in 3 the political subdivision; (c) the use of any voting qualification, 4 prerequisite to voting, law, ordinance, standard, practice, procedure, 5 regulation, or policy that may enhance the dilutive effects of the 6 election scheme; (d) denial of access of either eligible voters or 7 candidates who are members of the protected class to those processes 8 determining which groups of candidates will receive access to the 9 ballot, financial support, or other support in a given election; (e) the 10 extent to which members of the protected class contribute to political 11 campaigns at lower rates; (f) the extent to which members of a protected 12 class in the state or political subdivision vote at lower rates than 13 other members of the electorate; (g) the extent to which members of the 14 protected class are disadvantaged in areas including but not limited to 15 education, employment, health, criminal justice, housing, land use, or 16 environmental protection; (h) the extent to which members of the 17 protected class are disadvantaged in other areas which may hinder their 18 ability to participate effectively in the political process; (i) the use 19 of overt or subtle racial appeals in political campaigns; (j) a signif- 20 icant lack of responsiveness on the part of elected officials to the 21 particularized needs of members of the protected class; and (k) whether 22 the political subdivision has a compelling policy justification for 23 adopting or maintaining the method of election or the voting qualifica- 24 tion, prerequisite to voting, law, ordinance, standard, practice, proce- 25 dure, regulation, or policy. No factor is dispositive or necessary to 26 establish the existence of racially polarized voting. Evidence of these 27 factors concerning the state, private actors, or other political subdi- 28 visions in the geographic region may be considered but is less probative 29 than evidence concerning the political subdivision itself. 30 4. Standing. Any aggrieved person, organization whose membership 31 includes or is likely to include aggrieved persons, organization whose 32 mission would be frustrated by a violation of this section, organization 33 that would expend resources in order to fulfill its mission as a result 34 of a violation of this section, or the attorney general may file an 35 action pursuant to this section in the supreme court of the county in 36 which the political subdivision is located. 37 5. Remedies. (a) Upon a finding of a violation of any provision of 38 this section, the court shall implement appropriate remedies that are 39 tailored to remedy the violation. Remedies may include, but shall not be 40 limited to: 41 (i) a district-based method of election; 42 (ii) an alternative method of election; 43 (iii) new or revised districting or redistricting plans; 44 (iv) elimination of staggered elections so that all members of the 45 governing body are elected on the same date; 46 (v) increasing the size of the governing body; 47 (vi) moving the dates of elections to be concurrent with the primary 48 or general election dates for state, county, or city office as estab- 49 lished in section eight of article three or section eight of article 50 thirteen of the constitution; 51 (vii) additional voting hours or days; 52 (viii) additional polling locations; 53 (ix) additional means of voting such as voting by mail; 54 (x) ordering of special elections; 55 (xi) requiring expanded opportunities for voter registration; 56 (xii) requiring additional voter education;A. 6678--A 6 1 (xiii) modifying the election calendar; or 2 (xiv) the restoration or addition of persons to registration lists. 3 (b) The court shall only adopt a remedy that will not diminish the 4 ability of minority groups to participate in the political process and 5 to elect their preferred candidates to office. The court shall consider 6 proposed remedies by any parties and interested non-parties, and shall 7 not provide deference or priority to a proposed remedy because it is 8 proposed by the political subdivision. This title gives the court 9 authority to implement remedies notwithstanding any other provision of 10 law, including any other state or local law. 11 6. Procedures for implementing new or revised districting or redis- 12 tricting plans. The governing body of a political subdivision with the 13 authority under this title and all applicable state and local laws to 14 enact and implement a new method of election that will replace the poli- 15 tical subdivision's at-large method of election with a district-based or 16 alternative method of election, or enact and implement a new districting 17 or redistricting plan, shall undertake each of the steps enumerated in 18 this subdivision, if proposed subsequent to receipt of a NYVRA notifica- 19 tion letter, as defined in subdivision seven of this section, or the 20 filing of a claim pursuant to this title or the federal voting rights 21 act. 22 (a) Before drawing a draft districting or redistricting plan or plans 23 of the proposed boundaries of the districts, the political subdivision 24 shall hold at least two public hearings over a period of no more than 25 thirty days, at which the public is invited to provide input regarding 26 the composition of the districts. Before these hearings, the political 27 subdivision may conduct outreach to the public, including to non-Engl- 28 ish-speaking communities, to explain the districting or redistricting 29 process and to encourage public participation. 30 (b) After all draft districting or redistricting plans are drawn, the 31 political subdivision shall publish and make available for release at 32 least one draft districting or redistricting plan and, if members of the 33 governing body of the political subdivision will be elected in their 34 districts at different times to provide for staggered terms of office, 35 the potential sequence of the elections. The political subdivision shall 36 also hold at least two additional hearings over a period of no more than 37 forty-five days, at which the public is invited to provide input regard- 38 ing the content of the draft districting or redistricting plan or plans 39 and the proposed sequence of elections, if applicable. The draft 40 districting or redistricting plan or plans shall be published at least 41 seven days before consideration at a hearing. If the draft districting 42 or redistricing plan or plans are revised at or following a hearing, the 43 revised versions shall be published and made available to the public for 44 at least seven days before being adopted. 45 (c) In determining the final sequence of the district elections 46 conducted in a political subdivision in which members of the governing 47 body will be elected at different times to provide for staggered terms 48 of office, the governing body shall give special consideration to the 49 purposes of this title, and it shall take into account the preferences 50 expressed by members of the districts. 51 7. Notification requirement and safe harbor for judicial actions. 52 Before commencing a judicial action against a political subdivision 53 under this section, a prospective plaintiff shall send by certified mail 54 a written notice to the clerk of the political subdivision, or, if the 55 political subdivision does not have a clerk, the governing body of the 56 political subdivision, against which the action would be brought,A. 6678--A 7 1 asserting that the political subdivision may be in violation of this 2 title. This written notice shall be referred to as a "NYVRA notification 3 letter" in this title. For actions against a school district or any 4 other political subdivision that holds elections governed by the educa- 5 tion law, the prospective plaintiff shall also send by certified mail a 6 copy of the NYVRA notification letter to the commissioner of education. 7 (a) A prospective plaintiff shall not commence a judicial action 8 against a political subdivision under this section within fifty days of 9 sending to the political subdivision a NYVRA notification letter. 10 (b) Before receiving a NYVRA notification letter, or within fifty days 11 of mailing of a NYVRA notification letter, the governing body of a poli- 12 tical subdivision may pass a resolution affirming: (i) the political 13 subdivision's intention to enact and implement a remedy for a potential 14 violation of this title; (ii) specific steps it will undertake to facil- 15 itate approval and implementation of such a remedy; and (iii) a schedule 16 for enacting and implementing such a remedy. Such a resolution shall be 17 referred to as a "NYVRA resolution" in this title. If a political subdi- 18 vision passes a NYVRA resolution, a prospective plaintiff shall not 19 commence an action to enforce this section against the political subdi- 20 vision within ninety days of the resolution's passage. For actions 21 against a school district, the commissioner of education may order the 22 enactment of an NYVRA resolution pursuant to the commissioner's authori- 23 ty under section three hundred five of the education law. 24 (c) If the governing body of a political subdivision lacks the author- 25 ity under this title or applicable state law or local laws to enact or 26 implement a remedy identified in a NYVRA resolution within ninety days 27 after the passage of the NYVRA resolution, or if the political subdivi- 28 sion is a covered entity as defined under section 17-212 of this title, 29 the governing body of the political subdivision may undertake the steps 30 enumerated in the following provisions upon passage of a NYVRA resol- 31 ution: 32 (i) The governing body of the political subdivision may approve a 33 proposed remedy that complies with this title and submit such a proposed 34 remedy to the civil rights bureau. Such a submission shall be referred 35 to as a "NYVRA proposal" in this title. 36 (ii) Prior to passing a NYVRA proposal, the political subdivision 37 shall hold at least one public hearing, at which the public is invited 38 to provide input regarding the NYVRA proposal. Before this hearing, the 39 political subdivision may conduct outreach to the public, including to 40 non-English-speaking communities, to encourage public participation. 41 (iii) Within sixty days of receipt of a NYVRA proposal, the civil 42 rights bureau shall either grant or deny approval of the NYVRA proposal. 43 (iv) The civil rights bureau shall only grant approval to the NYVRA 44 proposal if it concludes that: (A) the political subdivision may be in 45 violation of this title; (B) the NYVRA proposal would remedy any poten- 46 tial violation of this title; (C) the NYVRA proposal is unlikely to 47 violate the constitution or any federal law; (D) the NYVRA proposal will 48 not diminish the ability of minority groups to participate in the poli- 49 tical process and to elect their preferred candidates to office; and (E) 50 implementation of the NYVRA proposal is feasible. The civil rights 51 bureau may grant approval to the NYVRA proposal notwithstanding any 52 other provision of law, including any other state or local law. 53 (v) If the civil rights bureau grants approval, the NYVRA proposal 54 shall be enacted and implemented immediately, notwithstanding any other 55 provision of law, including any other state or local law. If the poli- 56 tical subdivision is a covered entity as defined under section 17-212 ofA. 6678--A 8 1 this title, there shall be no need for the political subdivision to also 2 obtain preclearance for the NYVRA proposal pursuant to such section. 3 (vi) If the civil rights bureau denies approval, the NYVRA proposal 4 shall not be enacted or implemented. The civil rights bureau shall 5 interpose objections explaining its basis and may, in its discretion, 6 indicate another NYVRA proposal for which it would grant approval. 7 (vii) If the civil rights bureau does not respond, the NYVRA proposal 8 shall not be enacted or implemented. 9 (d) A political subdivision that has passed a NYVRA resolution may 10 enter into an agreement with a prospective plaintiff who sends a NYVRA 11 notification letter providing that such a prospective plaintiff shall 12 not commence an action to enforce this section against the political 13 subdivision for an additional ninety days. This written agreement may be 14 referred to as a "NYVRA extension agreement". The NYVRA extension agree- 15 ment shall include a requirement that either the political subdivision 16 shall enact and implement a remedy that complies with this title or the 17 political subdivision shall pass a NYVRA proposal and submit it to the 18 civil rights bureau. 19 (e) If, pursuant to a process commenced by a NYVRA notification 20 letter, a political subdivision enacts or implements a remedy or the 21 civil rights bureau grants approval to a NYVRA proposal, a prospective 22 plaintiff who sent the NYVRA notification letter may, within thirty days 23 of the enactment or implementation of the remedy or approval of the 24 NYVRA proposal, demand reimbursement for the cost of the work product 25 generated to support the NYVRA notification letter. A prospective plain- 26 tiff shall make the demand in writing and shall substantiate the demand 27 with financial documentation, such as a detailed invoice for demography 28 services or for the analysis of voting patterns in the political subdi- 29 vision. A political subdivision may request additional documentation if 30 the provided documentation is insufficient to corroborate the claimed 31 costs. A political subdivision shall reimburse a prospective plaintiff 32 for reasonable costs claimed, or in an amount to which the parties mutu- 33 ally agree. The cumulative amount of reimbursements to all prospective 34 plaintiffs, except for actions brought by the attorney general, shall 35 not exceed forty-three thousand dollars, as adjusted annually to the 36 consumer price index for all urban consumers, United States city aver- 37 age, as published by the United States department of labor. To the 38 extent a prospective plaintiff who sent the NYVRA notification letter 39 and a political subdivision are unable to come to a mutual agreement, 40 either party may file a declaratory judgment action to obtain a clarifi- 41 cation of rights. 42 (f) Notwithstanding the provisions of this subdivision, if the first 43 day for designating petitions for a political subdivision's next regular 44 election to select members of its governing board has begun or is sched- 45 uled to begin within thirty days, or if a political subdivision is sche- 46 duled to conduct any election within one hundred twenty days, a plain- 47 tiff alleging any violation of this title may commence a judicial action 48 against a political subdivision under this section, provided that the 49 relief sought by such a plaintiff includes preliminary relief for that 50 election. Prior to or concurrent with commencing such a judicial action, 51 any such plaintiff shall also submit a NYVRA notification letter to the 52 political subdivision. If a judicial action commenced under this 53 provision is withdrawn or dismissed for mootness because the political 54 subdivision has enacted or implemented a remedy or the civil rights 55 bureau has granted approval of a NYVRA proposal pursuant to a processA. 6678--A 9 1 commenced by a NYVRA notification letter, any such plaintiff may only 2 demand reimbursement pursuant to this subdivision. 3 § 17-208. Maintenance of voting and election data. 1. Establishment 4 of a statewide database. There shall be established within the state 5 university of New York a repository of the data necessary to assist the 6 state and all political subdivisions with evaluating whether and to what 7 extent existing laws and practices with respect to voting and elections 8 are consistent with the public policy expressed in this title, imple- 9 menting best practices in voting and elections to achieve the purposes 10 of this title, and to investigate potential infringements upon the right 11 to vote. This repository shall be referred to as the "statewide data- 12 base" in this title. 13 2. Director of the statewide database. The operation of the statewide 14 database shall be the responsibility of the director of the statewide 15 database, hereinafter referred to in this title as the "director", who 16 shall be a member of the faculty of the state university of New York 17 with doctoral-level expertise in demography, statistical analysis, and 18 electoral systems. The director shall be appointed by the governor. 19 3. Statewide database staff. The director shall appoint such staff as 20 are necessary to implement and maintain the statewide database. 21 4. Data, information, and estimates maintained. The statewide database 22 shall maintain in electronic format at least the following data and 23 records for at least the previous twelve year period: 24 (a) Estimates of the total population, voting age population, and 25 citizen voting age population by race, color, and language-minority 26 group, broken down to the election district level on a year-by-year 27 basis for every political subdivision in the state, based on data from 28 the United States census bureau, American community survey, or data of 29 comparable quality collected by a public office. 30 (b) Election results at the election district level for every state- 31 wide election and every election in every political subdivision. 32 (c) Contemporaneous voter registration lists, voter history files, 33 election day poll site locations, and early voting site locations, for 34 every election in every political subdivision. 35 (d) Contemporaneous maps, descriptions of boundaries, and shapefiles 36 for election districts. 37 (e) Election day or early voting poll sites including, but not limited 38 to, lists of election districts assigned to each polling place, if 39 applicable. 40 (f) Districting or redistricting plans for every election in every 41 political subdivision. 42 (g) Any other data that the director deems advisable to maintain in 43 furtherance of the purposes of this title. 44 5. Public availability of data. Except for any data, information, or 45 estimates that identifies individual voters, the data, information, and 46 estimates maintained by the statewide database shall be posted online 47 and made available to the public at no cost. 48 6. Data on race, color, and language-minority groups. The statewide 49 database shall prepare any estimates made pursuant to this section by 50 applying the most advanced, peer-reviewed, and validated methodologies. 51 7. Calculation and publication of political subdivisions required to 52 provide assistance to language-minority groups. On or before February 53 twenty-eighth, two thousand twenty-three and every third year thereaft- 54 er, the statewide database shall publish on its web site and transmit to 55 the state board of elections for dissemination to the county boards of 56 elections and for the state education department a list of politicalA. 6678--A 10 1 subdivisions required pursuant to this section to provide assistance to 2 members of language-minority groups and each language in which those 3 political subdivisions are required to provide assistance. The boards of 4 elections shall transmit the list described herein to all political 5 subdivisions within their jurisdiction. 6 8. Duty to send data and information to statewide database. Upon the 7 certification of election results and the completion of the voter histo- 8 ry file after each election, each election authority shall transmit 9 copies of: (a) election results at the election district level; (b) 10 contemporaneous voter registration lists; (c) voter history files; (d) 11 maps, descriptions, and shapefiles for election districts; and (e) lists 12 of election day poll site and early voting sites and lists, shapefiles, 13 or descriptions of the election districts assigned to each election day 14 poll site or early voting site. As used in this subdivision, the term 15 "election authority" refers to the agency primarily responsible for 16 maintaining the records listed in subdivision four of this section and 17 include any board of election, as well as general purpose local govern- 18 ments or special purpose local governments that administer their own 19 elections or maintain their own voting and election records. 20 9. Technical assistance to political subdivisions. Staff at the state- 21 wide database may provide non-partisan technical assistance to political 22 subdivisions, scholars, and the general public seeking to use the 23 resources of the statewide database. 24 10. Presumption of validity. The data, information, and estimates 25 maintained by the statewide database shall be granted a rebuttable 26 presumption of validity by any court concerning any claim brought pursu- 27 ant to this title. 28 § 17-210. Assistance for language-minority groups. 1. Political subdi- 29 visions required to provide language assistance. A board of elections or 30 a political subdivision that administers elections shall provide 31 language-related assistance in voting and elections to a language-minor- 32 ity group in a political subdivision if the director determines, based 33 on data from the American community survey, or data of comparable quali- 34 ty collected by a public office, that: 35 (a) more than two percent of the citizens of voting age of a political 36 subdivision are members of a single language-minority group and speak 37 English "less than very well" according to the American community 38 survey; 39 (b) more than four thousand of the citizens of voting age of such 40 political subdivision are members of a single language-minority group 41 and speak English "less than very well" according to the American commu- 42 nity survey; or 43 (c) in the case of a political subdivision that contains all or any 44 part of a Native American reservation, more than two percent of the 45 Native American citizens of voting age within the Native American reser- 46 vation are members of a single language-minority group and speak English 47 "less than very well" according to the American community survey. For 48 the purposes of this paragraph, "Native American" is defined to include 49 any persons recognized by the United States census bureau or New York as 50 "American Indian" or "Alaska Native". 51 2. Language assistance to be provided. When the director determines 52 that a board of elections or political subdivision shall provide 53 language assistance to a particular minority group, such board of 54 elections or political subdivision shall provide voting materials in the 55 covered language of an equal quality of the corresponding English 56 language materials, including registration or voting notices, forms,A. 6678--A 11 1 instructions, assistance, or other materials or information relating to 2 the electoral process, including ballots. Whenever any such board of 3 elections or political subdivision provides any registration or voting 4 notices, forms, instructions, assistance, or other materials or informa- 5 tion relating to the electoral process, including ballots, in a covered 6 political subdivision, it shall provide them in the language of the 7 applicable minority group as well as in the English language, provided 8 that where the language of the applicable minority group is oral or 9 unwritten or in the case of some American Indians, if the predominant 10 language is historically unwritten, the board of elections or political 11 subdivision is only required to furnish oral instructions, assistance, 12 or other information relating to registration and voting. 13 3. Action for declaratory judgment for English-only voting materials. 14 A board of elections or political subdivision that shall provide 15 language assistance to a particular minority group, which seeks to 16 provide English-only materials notwithstanding the determination of the 17 director, may file an action against the state for a declaratory judg- 18 ment permitting such provision. The court shall grant the requested 19 relief if it finds that the determination of the director was unreason- 20 able or an abuse of discretion. 21 § 17-212. Preclearance. 1. Preclearance. To ensure that the right to 22 vote is not denied or abridged on account of race, color, or language- 23 minority group, as a result of the enactment or implementation of a 24 covered policy, as defined in subdivision two of this section, after the 25 effective date of this section, the enactment or implementation of a 26 covered policy by a covered entity, as defined in subdivision three of 27 this section, shall be subject to preclearance by the civil rights 28 bureau or by a designated court as set forth in this section. 29 2. Covered policies. A "covered policy" shall include any new or modi- 30 fied voting qualification, prerequisite to voting, law, ordinance, stan- 31 dard, practice, procedure, regulation, or policy concerning any of the 32 following topics: 33 (a) Districting or redistricting; 34 (b) Method of election; 35 (c) Form of government; 36 (d) Annexation of a political subdivision; 37 (e) Incorporation of a political subdivision; 38 (f) Consolidation or division of political subdivisions; 39 (g) Removal of voters from enrollment lists or other list maintenance 40 activities; 41 (h) Number, location, or hours of any election day or early voting 42 poll site; 43 (i) Dates of elections and the election calendar, except with respect 44 to special elections; 45 (j) Registration of voters; 46 (k) Assignment of election districts to election day or early voting 47 poll sites; 48 (l) Assistance offered to members of a language-minority group; and 49 (m) The civil rights bureau may designate additional topics for inclu- 50 sion in this list pursuant to a rule promulgated under the state admin- 51 istrative procedure act, if it determines that a new or modified voting 52 qualification, prerequisite to voting, law, ordinance, standard, prac- 53 tice, procedure, regulation, or policy concerning such topics may have 54 the effect of denying or abridging the right to vote on account of race, 55 color, or language-minority group.A. 6678--A 12 1 3. Covered entity. A "covered entity" shall include: (a) any political 2 subdivision which, within the previous twenty-five years, has become 3 subject to a court order or government enforcement action based upon a 4 finding of any violation of this title, the federal voting rights act, 5 the fifteenth amendment to the United States constitution, or a voting- 6 related violation of the fourteenth amendment to the United States 7 constitution; (b) any political subdivision which, within the previous 8 five years, has failed to comply with its obligations to provide data or 9 information to the statewide database, as stated in section 17-208 of 10 this title; (c) any political subdivision which, within the previous 11 twenty-five years, has become subject to at least three court orders or 12 government enforcement actions based upon a finding of any violation of 13 any state or federal civil rights law or the fourteenth amendment to the 14 United States constitution concerning discrimination against members of 15 a protected class; (d) any county in which, based on data provided by 16 the division of criminal justice services, the combined misdemeanor and 17 felony arrest rate of members of any protected class consisting of at 18 least ten thousand citizens of voting age or whose members comprise at 19 least ten percent of the citizen voting age population of the county, 20 exceeds that of the citizen voting age population of the county as a 21 whole by at least twenty percent at any point within the previous ten 22 years; or (e) any political subdivision in which, based on data made 23 available by the United States census, the dissimilarity index of any 24 protected class consisting of at least twenty-five thousand citizens of 25 voting age or whose members comprise at least ten percent of the citizen 26 voting age population of the political subdivision, is in excess of 27 fifty with respect to non-Hispanic white citizens of voting age within 28 the political subdivision at any point within the previous ten years. If 29 any covered entity is a political subdivision in which a board of 30 elections has been established, that board of elections shall also be 31 deemed a covered entity. If any political subdivision in which a board 32 of elections has been established contains a covered entity fully within 33 its borders, that political subdivision and that board of elections 34 shall both be deemed a covered entity. 35 4. Preclearance by civil rights bureau. A covered entity may obtain 36 preclearance for a covered policy from the civil rights bureau pursuant 37 to the following process: 38 (a) The covered entity shall submit the covered policy in writing to 39 the civil rights bureau of the office of the attorney general. If the 40 covered entity is a county or city board of elections, it shall contem- 41 poraneously provide a copy of the covered policy to the state board of 42 elections. 43 (b) The civil rights bureau shall grant or deny preclearance within 44 the following time periods: 45 (i) For any covered policy concerning the designation of poll sites or 46 the assignment of election districts to poll sites, whether for election 47 day or early voting, the civil rights bureau shall grant or deny 48 preclearance within thirty days following the receipt of submission. If 49 the civil rights bureau grants preclearance, it may, in its discretion, 50 designate preclearance as "preliminary" in which case the civil rights 51 bureau may deny preclearance within sixty days following the receipt of 52 submission of the covered policy. 53 (ii) For any other covered policy, the civil rights bureau shall grant 54 or deny preclearance within sixty days following the receipt of 55 submission of the covered policy.A. 6678--A 13 1 (iii) For any covered policy concerning the establishment of a 2 district-based or alternative method of election, districting or redis- 3 tricting plans, or a change to the form of government of a political 4 subdivision, the civil rights bureau may invoke up to two extensions of 5 ninety days. 6 (c) The civil rights bureau shall provide an opportunity for any 7 interested party to submit written comments concerning any covered poli- 8 cy prior to granting or denying preclearance. 9 (d) The civil rights bureau shall grant preclearance only if it deter- 10 mines that the covered policy will not diminish the ability of minority 11 groups to participate in the political process and to elect their 12 preferred candidates to office. If the civil rights bureau grants 13 preclearance, the covered entity may enact or implement the covered 14 policy immediately. 15 (e) If the civil rights bureau denies preclearance, the civil rights 16 bureau shall interpose objections explaining its basis and the covered 17 policy shall not be enacted or implemented. 18 (f) If the civil rights bureau fails to respond within the time for 19 response as established in this section, the covered policy shall be 20 deemed precleared and the covered entity may enact or implement the 21 covered policy. 22 (g) Appeal of any denial by the civil rights bureau may be heard in 23 the supreme court for the county of New York, from which appeal may be 24 taken according to the ordinary rules of appellate procedure. Due to the 25 frequency and urgency of elections, actions brought pursuant to this 26 section shall be subject to expedited pretrial and trial proceedings and 27 receive an automatic calendar preference on appeal. 28 5. Preclearance by a designated court. A covered entity may obtain 29 preclearance for a covered policy from a court pursuant to the following 30 process: 31 (a) The covered entity shall submit the covered policy in writing to 32 the following designated court in the judicial department within which 33 the covered entity is located: (i) first judicial department: New York 34 county; (ii) second judicial department: Westchester county; (iii) 35 third judicial department: Albany county; and (iv) fourth judicial 36 department: Erie county. If the covered entity is a county or city 37 board of elections, it shall contemporaneously provide a copy of the 38 covered policy to the state board of elections. 39 (b) The covered entity shall contemporaneously provide a copy of the 40 covered policy to the civil rights bureau. The failure of the covered 41 entity to provide a copy of the covered policy to the civil rights 42 bureau will result in an automatic denial of preclearance. 43 (c) The court shall grant or deny preclearance within sixty days 44 following the receipt of submission of the covered policy. 45 (d) The court shall grant preclearance only if it determines that the 46 covered policy will not diminish the ability of minority groups to 47 participate in the political process and to elect their preferred candi- 48 dates to office. If the court grants preclearance, the covered entity 49 may enact or implement the covered policy immediately. 50 (e) If the court denies preclearance, or fails to respond within sixty 51 days, the covered policy shall not be enacted or implemented. 52 (f) Appeal of any denial may be taken according to the ordinary rules 53 of appellate procedure. Due to the frequency and urgency of elections, 54 actions brought pursuant to this section shall be subject to expedited 55 pretrial and trial proceedings and receive an automatic calendar prefer- 56 ence on appeal.A. 6678--A 14 1 6. Failure to seek or obtain preclearance. If any covered entity 2 enacts or implements a covered policy without seeking preclearance 3 pursuant to this section, or enacts or implements a covered policy 4 notwithstanding the denial of preclearance, either the civil rights 5 bureau or any other party with standing to bring an action under this 6 title may bring an action to enjoin the covered policy and to seek sanc- 7 tions against the political subdivision and officials in violation. 8 7. Lookback review. (a) For a period of one hundred eighty days begin- 9 ning on the effective date of this section, the civil rights bureau may, 10 in its discretion, initiate a lookback review in which it may deny 11 clearance to certain covered policies that had been previously enacted 12 by covered jurisdictions. 13 (b) The civil rights bureau may only initiate a lookback review of 14 covered policies that were enacted or implemented by a covered jurisdic- 15 tion on or after the date on which this title takes effect and prior to 16 the effective date of this section. 17 (c) In order to initiate a lookback review, the civil rights bureau 18 must provide notice to a covered entity of its decision to review a 19 covered policy enacted or implemented by that covered entity. Upon 20 receipt of such notice, the covered entity shall submit the covered 21 policy in writing to the civil rights bureau within thirty days. 22 (d) Upon receipt of the covered policy, the civil rights bureau may 23 deny clearance to the covered policy within ninety days if it determines 24 that the covered policy is likely to diminish the ability of minority 25 groups to participate in the political process and to elect their 26 preferred candidates to office. 27 (e) If the civil rights bureau denies clearance to a covered policy 28 pursuant to this subdivision, the civil rights bureau shall interpose 29 objections explaining its basis and the covered policy shall not be 30 enacted or implemented; however, denial of clearance shall not provide a 31 basis to invalidate any elections previously conducted pursuant to the 32 covered policy. 33 (f) Appeal of any denial of clearance by the civil rights bureau may 34 be heard in the supreme court for the county of New York, from which 35 appeal may be taken according to the ordinary rules of appellate proce- 36 dure. Due to the frequency and urgency of elections, actions brought 37 pursuant to this section shall be subject to expedited pretrial and 38 trial proceedings and receive an automatic calendar preference on 39 appeal. 40 (g) The civil rights bureau shall provide opportunity for any inter- 41 ested party to submit written comments concerning any covered policy 42 during the lookback period. 43 8. Rules and regulations. The civil rights bureau may promulgate such 44 rules and regulations pursuant to the state administrative procedure act 45 as are necessary to effectuate the purposes of this section. 46 § 17-214. Right of action against voter intimidation, deception or 47 obstruction. 1. (a) No person, whether acting under color of law or 48 otherwise, may engage in acts of intimidation, deception, or obstruction 49 that affects the right of voters to access the elective franchise. 50 (b) A violation of this subdivision shall be: 51 (i) established if a person uses or threatens to use any force, 52 violence, restraint, abduction or duress, or inflicts or threatens to 53 inflict any injury, damage, harm or loss, or in any other manner prac- 54 tices intimidation that causes or will reasonably have the effect of 55 causing any person to vote or refrain from voting in general or for or 56 against any particular person or for or against any proposition submit-A. 6678--A 15 1 ted to voters at such election; to place or refrain from placing their 2 name upon a registry of voters; or to request or refrain from requesting 3 an absentee ballot; or 4 (ii) established if a person uses any deceptive or fraudulent device, 5 contrivance or communication, that impedes, prevents or otherwise inter- 6 feres with the free exercise of the elective franchise by any person, or 7 that causes or will reasonably have the effect of causing any person to 8 vote or refrain from voting in general or for or against any particular 9 person or for or against any proposition submitted to voters at such 10 election; to place or refrain from placing their name upon a registry of 11 voters; or to request or refrain from requesting an absentee ballot; or 12 (iii) established if a person obstructs, impedes, or otherwise inter- 13 feres with access to any polling place or elections office, or 14 obstructs, impedes, or otherwise interferes with any voter in any manner 15 that causes or will reasonably have the effect of causing any delay in 16 voting or the voting process, including the canvassing and tabulation of 17 ballots. 18 2. Standing. Any aggrieved persons, organization whose membership 19 includes or is likely to include aggrieved persons, organization whose 20 mission would be frustrated by a violation of this section, organization 21 that would expend resources in order to fulfill its mission as a result 22 of a violation of this section, or the attorney general may file an 23 action pursuant to this section in the supreme court of the county in 24 which the alleged violation of this section occurred. 25 3. Remedies. Upon a finding of a violation of any provision of this 26 section, the court shall implement appropriate remedies that are 27 tailored to remedy the violation, including but not limited to providing 28 for additional time to cast a ballot that may be counted in the election 29 at issue. This title gives the court authority to implement remedies 30 notwithstanding any other provision of state or local law, including any 31 other state or local law. Any party who shall violate any of the 32 provisions of the foregoing section or who shall aid the violation of 33 any of said provisions shall be liable to any prevailing plaintiff party 34 for damages, including nominal damages for any violation, and compensa- 35 tory or punitive damages for any intentional violation. 36 § 17-216. Authority to issue subpoenas. In any action or investigation 37 to enforce any provision of this title, the attorney general shall have 38 the authority to take proof and determine relevant facts and to issue 39 subpoenas in accordance with the civil practice law and rules. 40 § 17-218. Expedited judicial proceedings and preliminary relief. 41 Because of the frequency of elections, the severe consequences and irre- 42 parable harm of holding elections under unlawful conditions, and the 43 expenditure to defend potentially unlawful conditions that benefit 44 incumbent officials, actions brought pursuant to this title shall be 45 subject to expedited pretrial and trial proceedings and receive an auto- 46 matic calendar preference. In any action alleging a violation of this 47 section in which a plaintiff party seeks preliminary relief with respect 48 to an upcoming election, the court shall grant relief if it determines 49 that: (a) plaintiffs are more likely than not to succeed on the merits; 50 and (b) it is possible to implement an appropriate remedy that would 51 resolve the alleged violation in the upcoming election. 52 § 17-220. Attorneys' fees. In any action to enforce any provision of 53 this title, the court shall allow the prevailing plaintiff party, other 54 than the state or political subdivision thereof, a reasonable attorneys' 55 fee, litigation expenses including, but not limited to, expert witness 56 fees and expenses as part of the costs. A plaintiff will be deemed toA. 6678--A 16 1 have prevailed when, as a result of litigation, the defendant party 2 yields much or all of the relief sought in the suit. Prevailing defend- 3 ant parties shall not recover any costs, unless the court finds the 4 action to be frivolous, unreasonable, or without foundation. 5 § 17-222. Applicability. The provisions of this title shall apply to 6 all elections for any elected office or electoral choice within the 7 state or any political subdivision. The provisions of this title shall 8 apply notwithstanding any other provision of law, including any other 9 state law or local law. 10 § 17-224. Severability. If any provision of this title or its applica- 11 tion to any person, political subdivision, or circumstance is held 12 invalid, the invalidity shall not affect other provisions or applica- 13 tions of this title which can be given effect without the invalid 14 provision or application, and to this end the provisions of this title 15 are severable. 16 § 5. This act shall take effect immediately; provided, however, that 17 paragraph (c) of subdivision seven of section 17-206 of the election law 18 as added by section four of this act shall take effect one year after it 19 shall have become a law; and provided further, however, that sections 20 17-208 and 17-210 of the election law as added by section four of this 21 act shall take effect three years after it shall have become a law; and 22 provided further, however, that section 17-212 of the election law, as 23 added by section four of this act, shall take effect one year after the 24 attorney general certifies that the office of the attorney general is 25 prepared to execute the duties assigned in section four of this act, if 26 after the expiration of one year the attorney general requires more time 27 to certify that the office of the attorney general is prepared to 28 execute the duties assigned in section four of this act, the attorney 29 general, may, for good cause shown, apply to the governor for such an 30 extension of time. The governor may grant or deny an extension of up to 31 one year according to his or her discretion. The attorney general shall 32 notify the legislative bill drafting commission upon the occurrence of 33 the enactment of the legislation provided for in section four of this 34 act in order that the commission may maintain an accurate and timely 35 effective data base of the official text of the laws of the state of New 36 York in furtherance of effectuating the provisions of section 44 of the 37 legislative law and section 70-b of the public officers law.
