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--D 2021-2022 Regular Sessions IN ASSEMBLY March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, CRUZ, REYES, SIMON, L. ROSENTHAL, FORREST, SILLITTI, DINOWITZ, GALLAGHER, JEAN-PIERRE, MAMDANI, HUNTER, KELLES, EPSTEIN, MEEKS, BENEDETTO, COOK, O'DONNELL, ZINERMAN, KIM, LAVINE, MITAYNES, CARROLL, THIELE, ANDERSON, ABBATE, SEAWRIGHT, OTIS, TAYLOR, BURDICK, BICHOTTE HERMELYN, BURGOS, GOTT- FRIED, PAULIN, ENGLEBRIGHT, HYNDMAN, FERNANDEZ, RAJKUMAR, SEPTIMO, HEVESI, GIBBS, McDONALD, JACKSON, DE LOS SANTOS, NIOU, RAMOS, LUNS- FORD, GLICK, GALEF, TAPIA, FAHY, PRETLOW, GONZALEZ-ROJAS, DAVILA, BRONSON, ABINANTI, SOLAGES, QUART, CUNNINGHAM, J. RIVERA, STIRPE -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Election Law in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, 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, providing assistance to language-minority groups, requiring certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creating civil liability 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)". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02423-20-2A. 6678--D 2 1 § 2. Sections 17-100 through 17-170 of article 17 of the election law 2 are designated title 1 and a new title heading is added to read as 3 follows: 4 VIOLATIONS OF THE ELECTIVE FRANCHISE 5 § 3. The article heading of article 17 of the election law is amended 6 to read as follows: 7 [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE 8 § 4. Article 17 of the election law is amended by adding a new title 2 9 to read as follows: 10 TITLE 2 11 JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK 12 Section 17-200. Legislative purpose and statement of public policy. 13 17-202. Interpretation of laws related to elective franchise. 14 17-204. Definitions. 15 17-206. Rights of action. 16 17-208. Assistance for language-minority groups. 17 17-210. Preclearance commission. 18 17-212. Preclearance. 19 17-214. Right of action against voter intimidation, deception or 20 obstruction. 21 17-216. Authority to issue subpoenas. 22 17-218. Expedited judicial proceedings and preliminary relief. 23 17-220. Attorneys' fees. 24 17-222. Applicability. 25 17-224. Severability. 26 § 17-200. Legislative purpose and statement of public policy. In 27 recognition of the protections for the right to vote provided by the 28 constitution of the state of New York, which substantially exceed the 29 protections for the right to vote provided by the constitution of the 30 United States, and in conjunction with the constitutional guarantees of 31 equal protection, freedom of expression, and freedom of association 32 under the law and against the denial or abridgement of the voting rights 33 of members of a race, color, or language-minority group, it is the 34 public policy of the state of New York to: 35 1. Encourage participation in the elective franchise by all eligible 36 voters to the maximum extent; and 37 2. Ensure that eligible voters who are members of racial, color, and 38 language-minority groups shall have an equal opportunity to participate 39 in the political processes of the state of New York, and especially to 40 exercise the elective franchise. 41 § 17-202. Interpretation of laws related to elective franchise. In 42 further recognition of the protections for the right to vote provided by 43 the constitution of the state of New York, statutes, rules and regu- 44 lations, and local laws or ordinances related to the elective franchise 45 shall be construed liberally in favor of (a) protecting the right to 46 cast an effective ballot; (b) ensuring that eligible voters are not 47 impaired in registering to vote or voting including having their votes 48 counted, and (c) ensuring equitable access with regard to race, color, 49 and language-minority groups to opportunities to register to vote and to 50 vote. The authority to prescribe or maintain voting or elections poli- 51 cies and practices cannot be so exercised as to unnecessarily deny or 52 abridge the right to vote. Policies and practices that burden the rightA. 6678--D 3 1 to vote must be narrowly tailored to promote a compelling policy justi- 2 fication that must be supported by substantial evidence. 3 § 17-204. Definitions. For the purposes of this title: 4 1. "At-large" method of election means a method of electing members to 5 the governing body of a political subdivision: (a) in which all of the 6 voters of the entire political subdivision elect each of the members to 7 the governing body; (b) in which the candidates are required to reside 8 within given areas of the political subdivision and all of the voters of 9 the entire political subdivision elect each of the members to the 10 governing body; or (c) that combines at-large elections with district- 11 based elections, unless the only member of the governing body of a poli- 12 tical subdivision elected at-large holds exclusively executive responsi- 13 bilities. At-large method of election does not include ranked-choice 14 voting, cumulative voting, and limited voting. 15 2. "District-based" method of election means a method of electing 16 members to the governing body of a political subdivision using a 17 districting or redistricting plan in which each member of the governing 18 body resides within a district or ward that is a divisible part of the 19 political subdivision and is elected only by voters residing within that 20 district or ward, except for a member of the governing body that holds 21 exclusively executive responsibilities. 22 3. "Alternative" method of election means a method of electing members 23 to the governing body of a political subdivision using a method other 24 than at-large or district-based, including, but not limited to, ranked- 25 choice voting, cumulative voting, and limited voting. 26 4. "Political subdivision" means a geographic area of representation 27 created for the provision of government services, including, but not 28 limited to, a county, city, town, village, school district, or any other 29 district organized pursuant to state or local law. 30 5. "Protected class" means a class of eligible voters who are members 31 of a race, color, or language-minority group, as referenced and defined 32 in the federal voting rights act. 33 6. "Racially polarized voting" means voting in which there is a 34 difference in the candidate or electoral choice preferred by members in 35 a protected class, and the candidate or electoral choice preferred by 36 the rest of the electorate. The methodologies for estimating group 37 voting behavior as approved in applicable federal cases to enforce the 38 federal voting rights act to establish racially polarized voting may be 39 used for purposes of this subdivision to prove that elections are char- 40 acterized by racially polarized voting, but those methodologies shall 41 not be the exclusive means of proving racially polarized voting. 42 7. "Federal voting rights act" means the federal Voting Rights Act of 43 1965, 52 U.S.C. § 10301 et seq. 44 8. The "civil rights bureau" means the civil rights bureau of the 45 office of the attorney general. 46 9. "Government enforcement action" means a denial of administrative or 47 judicial preclearance by the state or federal government, pending liti- 48 gation filed by a federal or state entity, a final judgment or adjudi- 49 cation, a consent decree, or similar formal action. 50 10. "Preclearance commission" means the commission formed by this 51 title to make determinations as to preclearance, informed by the recom- 52 mendations of the civil rights bureau. 53 11. "Deceptive or fraudulent device, contrivance, or communication" 54 means one that contains false information pertaining to: (a) the time, 55 place, and manner of any election; (b) the qualifications or 56 restrictions on voter eligibility for such election; or (c) a statementA. 6678--D 4 1 of endorsement by any specifically named person, political party, or 2 organization. 3 § 17-206. Rights of action. 1. Right of action against voter 4 suppression. (a) No voting qualification, prerequisite to voting, law, 5 ordinance, standard, practice, procedure, regulation, or policy shall be 6 enacted or implemented by any board of elections or political subdivi- 7 sion in a manner that results in a denial or abridgement of the right of 8 any member of a protected class to vote. 9 (b) A violation is established if, based on the totality of the 10 circumstances, the ability of members of the protected class to elect 11 candidates of their choice or influence the outcome of elections is 12 impaired. 13 (c) For political subdivisions where either the primary or general 14 election is held on a date that is not concurrent with the primary or 15 general election dates for state, county, or city office as established 16 in section eight of article three or section eight of article thirteen 17 of the constitution, and in state law, there shall be a presumption that 18 the date of election results in the denial or abridgement of the right 19 to vote where, for any protected class consisting of at least twenty- 20 five thousand citizens of voting age or whose members comprise at least 21 ten percent of the citizen voting age population, the percent of members 22 of that protected class that are actual voters is at least twenty-five 23 percent lower than the percent of citizens of voting age that are not 24 members of that protected class that are actual voters. 25 2. Right of action against vote dilution. (a) A method of election, 26 including at-large, district-based, or alternative, shall not have the 27 effect of impairing the ability of members of a protected class to elect 28 candidates of their choice or influence the outcome of elections, as a 29 result of the dilution or the abridgment of the rights of members of the 30 protected class. 31 (b) A violation of this subdivision shall be: 32 (i) established if a political subdivision uses an at-large method of 33 election and it is shown that either: (A) voting patterns of members of 34 the protected class within the political subdivision are racially polar- 35 ized; or (B) under the totality of the circumstances, the ability of 36 members of the protected class to elect candidates of their choice or 37 influence the outcome of elections is impaired; or 38 (ii) established if a political subdivision uses a district-based or 39 alternative method of election and it is shown that candidates or elec- 40 toral choices preferred by members of the protected class would usually 41 be defeated, and either: (A) voting patterns of members of the protected 42 class within the political subdivision are racially polarized; or (B) 43 under the totality of the circumstances, the ability of members of the 44 protected class to elect candidates of their choice or influence the 45 outcome of elections is impaired; or 46 (c) In assessing whether voting patterns of members of the protected 47 class within the political subdivision are racially polarized or whether 48 candidates or electoral choices preferred by members of the protected 49 class would usually be defeated: (i) elections conducted prior to the 50 filing of an action pursuant to this subdivision are more probative than 51 elections conducted after the filing of the action; (ii) evidence 52 concerning elections for members of the governing body of the political 53 subdivision are more probative than evidence concerning other elections; 54 (iii) statistical evidence is more probative than non-statistical 55 evidence; (iv) where there is evidence that more than one protected 56 class of eligible voters are politically cohesive in the politicalA. 6678--D 5 1 subdivision, members of each of those protected classes may be combined; 2 (v) evidence concerning the intent on the part of the voters, elected 3 officials, or the political subdivision to discriminate against a 4 protected class is not required; (vi) evidence that voting patterns and 5 election outcomes could be explained by factors other than racially 6 polarized voting, including but not limited to partisanship, shall not 7 be considered; (vii) evidence that sub-groups within a protected class 8 have different voting patterns shall not be considered; (viii) evidence 9 concerning whether members of a protected class are geographically 10 compact or concentrated shall not be considered, but may be a factor in 11 determining an appropriate remedy; and (ix) evidence concerning project- 12 ed changes in population or demographics shall not be considered, but 13 may be a factor, in determining an appropriate remedy. 14 3. Evaluation of totality of the circumstances. In assessing whether, 15 under the totality of the circumstances, the ability of members of the 16 protected class to elect candidates of their choice or influence the 17 outcome of elections is impaired without a compelling policy justifica- 18 tion, factors that may be considered shall include, but not be limited 19 to: (a) the history of discrimination in the political subdivision, 20 geographic region, or the state; (b) the extent to which members of the 21 protected class have been elected to office in the political subdivi- 22 sion; (c) the use of any voting qualification, prerequisite to voting, 23 law, ordinance, standard, practice, procedure, regulation, or policy 24 that may enhance the dilutive effects of the election scheme; (d) denial 25 of access of either eligible voters or candidates who are members of the 26 protected class to those processes determining which groups of candi- 27 dates will receive access to the ballot, financial support, or other 28 support in a given election; (e) the extent to which members of the 29 protected class contribute to political campaigns at lower rates; (f) 30 the extent to which members of a protected class in the state or poli- 31 tical subdivision vote at lower rates than other members of the elector- 32 ate; (g) the extent to which members of the protected class are disad- 33 vantaged in areas including but not limited to education, employment, 34 health, criminal justice, housing, land use, or environmental 35 protection; (h) the extent to which members of the protected class are 36 disadvantaged in other areas which may hinder their ability to partic- 37 ipate effectively in the political process; (i) the use of overt or 38 subtle racial appeals in political campaigns; (j) a significant lack of 39 responsiveness on the part of elected officials to the particularized 40 needs of members of the protected class; and (k) whether the political 41 subdivision has a compelling policy justification that is substantiated 42 and supported by evidence for adopting or maintaining the method of 43 election or the voting qualification, prerequisite to voting, law, ordi- 44 nance, standard, practice, procedure, regulation, or policy. No factor 45 is dispositive or necessary to establish the existence of racially 46 polarized voting. Evidence of these factors concerning the state, 47 private actors, or other political subdivisions in the geographic region 48 may be considered but is less probative than evidence concerning the 49 political subdivision itself. 50 4. Standing. Any aggrieved person, organization whose membership 51 includes or is likely to include aggrieved persons, organization whose 52 mission would be frustrated by a violation of this section, organization 53 that would expend resources in order to fulfill its mission as a result 54 of a violation of this section, or the attorney general may file an 55 action pursuant to this section in the supreme court of the county in 56 which the political subdivision is located.A. 6678--D 6 1 5. Remedies. (a) Upon a finding of a violation of any provision of 2 this section, the court shall implement appropriate remedies that are 3 tailored to remedy the violation. Remedies may include, but shall not be 4 limited to: 5 (i) a district-based method of election; 6 (ii) an alternative method of election; 7 (iii) new or revised districting or redistricting plans; 8 (iv) elimination of staggered elections so that all members of the 9 governing body are elected on the same date; 10 (v) reasonably increasing the size of the governing body; 11 (vi) moving the dates of elections to be concurrent with the primary 12 or general election dates for state, county, or city office as estab- 13 lished in section eight of article three or section eight of article 14 thirteen of the constitution; 15 (vii) transferring authority for conducting the political subdivi- 16 sion's elections to the board of elections for the county in which the 17 political subdivision is located; 18 (viii) additional voting hours or days; 19 (ix) additional polling locations; 20 (x) additional means of voting such as voting by mail; 21 (xi) ordering of special elections; 22 (xii) requiring expanded opportunities for voter registration; 23 (xiii) requiring additional voter education; 24 (xiv) modifying the election calendar; 25 (xv) the restoration or addition of persons to registration lists; or 26 (xvi) retaining jurisdiction for such period of time on a given matter 27 as the court may deem appropriate, during which no redistricting plan 28 shall be enforced unless and until the court finds that such plan does 29 not have the purpose of diluting the right to vote on the basis of 30 protected class membership, or in contravention of the voting guarantees 31 set forth in this title, except that the court's finding shall not bar a 32 subsequent action to enjoin enforcement of such redistricting plan. 33 (b) The court shall only adopt a remedy that will not diminish the 34 ability of protected class members to participate in the political proc- 35 ess and to elect their preferred candidates to office. The court shall 36 consider proposed remedies by any parties and interested non-parties, 37 and shall not provide deference or priority to a proposed remedy because 38 it is proposed by the political subdivision. This title gives the court 39 authority to implement remedies notwithstanding any other provision of 40 law, including any other state or local law. 41 6. Procedures for implementing new or revised districting or redis- 42 tricting plans. The governing body of a political subdivision with the 43 authority under this title and all applicable state and local laws to 44 enact and implement a new method of election that will replace the poli- 45 tical subdivision's at-large method of election with a district-based or 46 alternative method of election, or enact and implement a new districting 47 or redistricting plan, shall undertake each of the steps enumerated in 48 this subdivision, if proposed subsequent to receipt of a NYVRA notifica- 49 tion letter, as defined in subdivision seven of this section, or the 50 filing of a claim pursuant to this title or the federal voting rights 51 act. 52 (a) Before drawing a draft districting or redistricting plan or plans 53 of the proposed boundaries of the districts, the political subdivision 54 shall hold at least two public hearings over a period of no more than 55 thirty days, at which the public is invited to provide input regarding 56 the composition of the districts. Before these hearings, the politicalA. 6678--D 7 1 subdivision may conduct outreach to the public, including to non-Engl- 2 ish-speaking communities, to explain the districting or redistricting 3 process and to encourage public participation. 4 (b) After all draft districting or redistricting plans are drawn, the 5 political subdivision shall publish and make available for release at 6 least one draft districting or redistricting plan and, if members of the 7 governing body of the political subdivision will be elected in their 8 districts at different times to provide for staggered terms of office, 9 the potential sequence of the elections. The political subdivision shall 10 also hold at least two additional hearings over a period of no more than 11 forty-five days, at which the public is invited to provide input regard- 12 ing the content of the draft districting or redistricting plan or plans 13 and the proposed sequence of elections, if applicable. The draft 14 districting or redistricting plan or plans shall be published at least 15 seven days before consideration at a hearing. If the draft districting 16 or redistricting plan or plans are revised at or following a hearing, 17 the revised versions shall be published and made available to the public 18 for at least seven days before being adopted. 19 (c) In determining the final sequence of the district elections 20 conducted in a political subdivision in which members of the governing 21 body will be elected at different times to provide for staggered terms 22 of office, the governing body shall give special consideration to the 23 purposes of this title, and it shall take into account the preferences 24 expressed by members of the districts. 25 7. Notification requirement and safe harbor for judicial actions. 26 Before commencing a judicial action against a political subdivision 27 under this section, a prospective plaintiff shall send by certified mail 28 a written notice to the clerk of the political subdivision, or, if the 29 political subdivision does not have a clerk, the governing body of the 30 political subdivision, against which the action would be brought, 31 asserting that the political subdivision may be in violation of this 32 title. This written notice shall be referred to as a "NYVRA notification 33 letter" in this title. For actions against a school district or any 34 other political subdivision that holds elections governed by the educa- 35 tion law, the prospective plaintiff shall also send by certified mail a 36 copy of the NYVRA notification letter to the commissioner of education. 37 (a) A prospective plaintiff shall not commence a judicial action 38 against a political subdivision under this section within fifty days of 39 sending to the political subdivision a NYVRA notification letter. 40 (b) Before receiving a NYVRA notification letter, or within fifty days 41 of mailing of a NYVRA notification letter, the governing body of a poli- 42 tical subdivision may pass a resolution affirming: (i) the political 43 subdivision's intention to enact and implement a remedy for a potential 44 violation of this title; (ii) specific steps it will undertake to facil- 45 itate approval and implementation of such a remedy; and (iii) a schedule 46 for enacting and implementing such a remedy. Such a resolution shall be 47 referred to as a "NYVRA resolution" in this title. If a political subdi- 48 vision passes a NYVRA resolution, a prospective plaintiff shall not 49 commence an action to enforce this section against the political subdi- 50 vision within ninety days of the resolution's passage. For actions 51 against a school district, the commissioner of education may order the 52 enactment of an NYVRA resolution pursuant to the commissioner's authori- 53 ty under section three hundred five of the education law. 54 (c) If the governing body of a political subdivision lacks the author- 55 ity under this title or applicable state law or local laws to enact or 56 implement a remedy identified in a NYVRA resolution within ninety daysA. 6678--D 8 1 after the passage of the NYVRA resolution, or if the political subdivi- 2 sion is a covered entity as defined under section 17-212 of this title, 3 the governing body of the political subdivision may undertake the steps 4 enumerated in the following provisions upon passage of a NYVRA resol- 5 ution: 6 (i) The governing body of the political subdivision may approve a 7 proposed remedy that complies with this title and submit such a proposed 8 remedy to the preclearance commission. Such a submission shall be 9 referred to as a "NYVRA proposal" in this title. 10 (ii) Prior to passing a NYVRA proposal, the political subdivision 11 shall hold at least one public hearing, at which the public is invited 12 to provide input regarding the NYVRA proposal. Before this hearing, the 13 political subdivision may conduct outreach to the public, including to 14 non-English-speaking communities, to encourage public participation. 15 (iii) Within forty-five days of receipt of a NYVRA proposal, the civil 16 rights bureau shall submit a report and recommendation to the preclear- 17 ance commission as to whether the preclearance commission should grant 18 or deny approval of the NYVRA proposal. 19 (iv) Within sixty days of receipt of a NYVRA proposal, the preclear- 20 ance commission shall either grant or deny approval of the NYVRA 21 proposal. 22 (v) The preclearance commission shall only grant approval to the NYVRA 23 proposal if it concludes that: (A) the political subdivision may be in 24 violation of this title; (B) the NYVRA proposal would remedy any poten- 25 tial violation of this title; (C) the NYVRA proposal is unlikely to 26 violate the constitution or any federal law; (D) the NYVRA proposal will 27 not diminish the ability of protected class members to participate in 28 the political process and to elect their preferred candidates to office; 29 and (E) implementation of the NYVRA proposal is feasible. The preclear- 30 ance commission may grant approval to the NYVRA proposal notwithstanding 31 any other provision of law, including any other state or local law. 32 (vi) If the preclearance commission grants approval, the NYVRA 33 proposal shall be enacted and implemented immediately, notwithstanding 34 any other provision of law, including any other state or local law. If 35 the political subdivision is a covered entity as defined under section 36 17-212 of this title, there shall be no need for the political subdivi- 37 sion to also obtain preclearance for the NYVRA proposal pursuant to such 38 section. 39 (vii) If the preclearance commission denies approval, the NYVRA 40 proposal shall not be enacted or implemented. The preclearance commis- 41 sion shall interpose objections explaining its basis and may, in its 42 discretion, indicate another NYVRA proposal for which it would grant 43 approval. 44 (viii) If the preclearance commission does not respond, the NYVRA 45 proposal shall not be enacted or implemented. 46 (d) A political subdivision that has passed a NYVRA resolution may 47 enter into an agreement with a prospective plaintiff who sends a NYVRA 48 notification letter providing that such a prospective plaintiff shall 49 not commence an action to enforce this section against the political 50 subdivision for an additional ninety days. This written agreement may be 51 referred to as a "NYVRA extension agreement". The NYVRA extension agree- 52 ment shall include a requirement that either the political subdivision 53 shall enact and implement a remedy that complies with this title or the 54 political subdivision shall pass a NYVRA proposal and submit it to the 55 civil rights bureau.A. 6678--D 9 1 (e) If, pursuant to a process commenced by a NYVRA notification 2 letter, a political subdivision enacts or implements a remedy or the 3 civil rights bureau grants approval to a NYVRA proposal, a prospective 4 plaintiff who sent the NYVRA notification letter may, within thirty days 5 of the enactment or implementation of the remedy or approval of the 6 NYVRA proposal, demand reimbursement for the cost of the work product 7 generated to support the NYVRA notification letter. A prospective plain- 8 tiff shall make the demand in writing and shall substantiate the demand 9 with financial documentation, such as a detailed invoice for demography 10 services or for the analysis of voting patterns in the political subdi- 11 vision. A political subdivision may request additional documentation if 12 the provided documentation is insufficient to corroborate the claimed 13 costs. A political subdivision shall reimburse a prospective plaintiff 14 for reasonable costs claimed, or in an amount to which the parties mutu- 15 ally agree. The cumulative amount of reimbursements to all prospective 16 plaintiffs, except for actions brought by the attorney general, shall 17 not exceed forty-three thousand dollars, as adjusted annually to the 18 consumer price index for all urban consumers, United States city aver- 19 age, as published by the United States department of labor. To the 20 extent a prospective plaintiff who sent the NYVRA notification letter 21 and a political subdivision are unable to come to a mutual agreement, 22 either party may file a declaratory judgment action to obtain a clarifi- 23 cation of rights. 24 (f) Notwithstanding the provisions of this subdivision, if the first 25 day for designating petitions for a political subdivision's next regular 26 election to select members of its governing board has begun or is sched- 27 uled to begin within thirty days, or if a political subdivision is sche- 28 duled to conduct any election within one hundred twenty days, a plain- 29 tiff alleging any violation of this title may commence a judicial action 30 against a political subdivision under this section, provided that the 31 relief sought by such a plaintiff includes preliminary relief for that 32 election. Prior to or concurrent with commencing such a judicial action, 33 any such plaintiff shall also submit a NYVRA notification letter to the 34 political subdivision. If a judicial action commenced under this 35 provision is withdrawn or dismissed for mootness because the political 36 subdivision has enacted or implemented a remedy or the civil rights 37 bureau has granted approval of a NYVRA proposal pursuant to a process 38 commenced by a NYVRA notification letter, any such plaintiff may only 39 demand reimbursement pursuant to this subdivision. 40 8. Coalition claims permitted. Members of different protected classes 41 may file an action jointly pursuant to this chapter if they demonstrate 42 that the combined voting preferences of the multiple protected classes 43 are polarized against the rest of the electorate. 44 § 17-208. Assistance for language-minority groups. 1. Political subdi- 45 visions required to provide language assistance. A board of elections or 46 a political subdivision that administers elections shall provide 47 language-related assistance in voting and elections to a language-minor- 48 ity group in a political subdivision if, based on data from the American 49 community survey, or data of comparable quality collected by a public 50 office, that: 51 (a) more than two percent, but in no instance fewer than three hundred 52 individuals, of the citizens of voting age of a political subdivision 53 are members of a single language-minority group and are limited English 54 proficient.A. 6678--D 10 1 (b) more than four thousand of the citizens of voting age of such 2 political subdivision are members of a single language-minority group 3 and are limited English proficient. 4 (c) in the case of a political subdivision that contains all or any 5 part of a Native American reservation, more than two percent of the 6 Native American citizens of voting age within the Native American reser- 7 vation are members of a single language-minority group and are limited 8 English proficient. For the purposes of this paragraph, "Native Ameri- 9 can" is defined to include any persons recognized by the United States 10 census bureau or New York as "American Indian" or "Alaska Native". 11 2. Language assistance to be provided. When it is determined that a 12 board of elections or political subdivision shall provide language 13 assistance to a particular minority group, such board of elections or 14 political subdivision shall provide voting materials in the covered 15 language of an equal quality of the corresponding English language mate- 16 rials, including registration or voting notices, forms, instructions, 17 assistance, or other materials or information relating to the electoral 18 process, including ballots. Whenever any such board of elections or 19 political subdivision provides any registration or voting notices, 20 forms, instructions, assistance, or other materials or information 21 relating to the electoral process, including ballots, in a covered poli- 22 tical subdivision, it shall provide them in the language of the applica- 23 ble minority group as well as in the English language, provided that 24 where the language of the applicable minority group is oral or unwritten 25 or in the case of some American Indians, if the predominant language is 26 historically unwritten, the board of elections or political subdivision 27 is only required to furnish oral instructions, assistance, or other 28 information relating to registration and voting. 29 3. Action for declaratory judgment for English-only voting materials. 30 A board of elections or political subdivision that shall provide 31 language assistance to a particular minority group, which seeks to 32 provide English-only materials may file an action against the state for 33 a declaratory judgment permitting such provision. The court shall grant 34 the requested relief if it finds that the determination was unreasonable 35 or an abuse of discretion. 36 4. Standing. Any aggrieved persons, organization whose membership 37 includes or is likely to include aggrieved persons, organization whose 38 mission would be frustrated by a violation of this section, organization 39 that would expend resources in order to fulfill its mission as a result 40 of a violation of this section, or the attorney general may file an 41 action pursuant to this section in the supreme court of the county in 42 which the alleged violation of this section occurred. 43 5. This section shall not apply to special districts as defined by 44 section one hundred two of the real property tax law. 45 § 17-210. Preclearance commission. 1. Preclearance commission. There 46 is hereby established within the department of law, a preclearance 47 commission. Such entity shall be responsible for making determinations 48 on preclearance and other matters as enumerated under this title. Such 49 determinations shall be based upon the provisions of this title and the 50 recommendations of the civil rights bureau. This commission shall here- 51 inafter be referred to as the "preclearance commission" or "commission" 52 in this title. The commission shall operate and maintain a website for 53 posting preclearance submissions and decisions to ensure that they are 54 accessible to the public. 55 2. Preclearance commission structure and membership. (a) The commis- 56 sion shall consist of three members to be selected as set forth in thisA. 6678--D 11 1 section and shall have and exercise the powers and duties set forth in 2 this title. 3 (b) The governor shall select one member, and the attorney general 4 shall select one member. Upon their selection both members shall therein 5 jointly select one member to serve on such commission. 6 (c) To be eligible to serve as a member of the commission an individ- 7 ual must: 8 (i) be a resident of New York state; 9 (ii) have demonstrated experience representing or working on behalf of 10 members of protected classes, as defined in this title; 11 (iii) have experience working with members of protected classes, as 12 defined in this title, in voting in elections in the state of New York, 13 (d) No individual shall be eligible to serve as a member of the 14 commission who: 15 (i) is currently serving in any elected governmental office or has 16 within the last five years served in any elected governmental office; 17 (ii) is currently serving on any board of elections; or 18 (iii) is currently holding any official position for a political 19 party. 20 (e) Members of the commission shall serve staggered terms. The first 21 member shall be chosen by the attorney general and shall serve a term of 22 five years, the second member shall be chosen by the governor and shall 23 serve a term of four years and the third member chosen by the first two 24 members shall serve a term of three years. All subsequent members of 25 the commission shall be selected and appointed as described in this 26 section and shall serve a term of five years, unless selected and 27 appointed to complete a vacant term. 28 (f) The commission by a majority vote shall elect a chairperson from 29 among its members to preside over its meetings, other proceedings, and 30 votes. The chairperson shall serve a one year term. 31 (g) A majority of the members of the commission, conferring in person, 32 telephonically, by videoconference, or by other means as agreed by the 33 commission, shall constitute a quorum, and the commission shall have the 34 power to act by majority vote of the total number of members of the 35 commission without vacancy. 36 (h) Members of the commission shall be reimbursed for all reasonable 37 and necessary expenses incurred in the performance of their duties. 38 (i) Members of the commission may be removed for cause by majority 39 vote of the commission for substantial neglect of duty, misconduct in 40 office, or inability to discharge the powers or duties of office, after 41 written notice and opportunity for a reply. 42 (j) Any vacancy occurring on the commission shall be filled within 43 thirty days of its occurrence, by those who selected the member in such 44 seat, to complete the vacant term. 45 (k) Nothing in this article shall prevent a member from serving a 46 second consecutive term unless such person has previously been removed 47 for cause from said commission. 48 § 17-212. Preclearance. 1. Preclearance. To ensure that the right to 49 vote is not denied or abridged on account of race, color, or language- 50 minority group, as a result of the enactment or implementation of a 51 covered policy, as defined in subdivision two of this section, after the 52 effective date of this section, the enactment or implementation of a 53 covered policy by a covered entity, as defined in subdivision three of 54 this section, shall be subject to preclearance by the civil rights 55 bureau or by a designated court as set forth in this section.A. 6678--D 12 1 2. Covered policies. A "covered policy" shall include any new or modi- 2 fied voting qualification, prerequisite to voting, law, ordinance, stan- 3 dard, practice, procedure, regulation, or policy concerning any of the 4 following topics: 5 (a) Method of election; 6 (b) Form of government; 7 (c) Annexation of a political subdivision; 8 (d) Incorporation of a political subdivision; 9 (e) Consolidation or division of political subdivisions; 10 (f) Removal of voters from enrollment lists or other list maintenance 11 activities; 12 (g) Number, location, or hours of any election day or early voting 13 poll site; 14 (h) Dates of elections and the election calendar, except with respect 15 to special elections; 16 (i) Registration of voters; 17 (j) Assignment of election districts to election day or early voting 18 poll sites; 19 (k) Assistance offered to members of a language-minority group; and 20 (l) The civil rights bureau may designate additional topics for inclu- 21 sion in this list pursuant to a rule promulgated under the state admin- 22 istrative procedure act, if it determines that a new or modified voting 23 qualification, prerequisite to voting, law, ordinance, standard, prac- 24 tice, procedure, regulation, or policy concerning such topics may have 25 the effect of denying or abridging the right to vote on account of race, 26 color, or language-minority group. 27 3. Covered entity. A "covered entity" shall include: (a) any political 28 subdivision which, within the previous twenty-five years, has become 29 subject to a court order or government enforcement action based upon a 30 finding of any violation of this title, the federal voting rights act, 31 the fifteenth amendment to the United States constitution, or a voting- 32 related violation of the fourteenth amendment to the United States 33 constitution; (b) any political subdivision which, within the previous 34 twenty-five years, has become subject to at least three court orders or 35 government enforcement actions based upon a finding of any violation of 36 any state or federal civil rights law or the fourteenth amendment to the 37 United States constitution concerning discrimination against members of 38 a protected class; (c) any county in which, based on data provided by 39 the division of criminal justice services, the combined misdemeanor and 40 felony arrest rate of members of any protected class consisting of at 41 least ten thousand citizens of voting age or whose members comprise at 42 least ten percent of the citizen voting age population of the county, 43 exceeds the proportion that the protected class constitutes of the citi- 44 zen voting age population of the county as a whole by at least twenty 45 percent at any point within the previous ten years; or (d) any political 46 subdivision in which, based on data made available by the United States 47 census, the dissimilarity index of any protected class consisting of at 48 least twenty-five thousand citizens of voting age or whose members 49 comprise at least ten percent of the citizen voting age population of 50 the political subdivision, is in excess of fifty with respect to non- 51 Hispanic white citizens of voting age within the political subdivision 52 at any point within the previous ten years. If any covered entity is a 53 political subdivision in which a board of elections has been estab- 54 lished, that board of elections shall also be deemed a covered entity. 55 If any political subdivision in which a board of elections has been 56 established contains a covered entity fully within its borders, thatA. 6678--D 13 1 political subdivision and that board of elections shall both be deemed a 2 covered entity. 3 4. Preclearance by the attorney general and the preclearance commis- 4 sion. A covered entity may obtain preclearance for a covered policy from 5 the preclearance commission pursuant to the following process: 6 (a) The covered entity shall submit the covered policy in writing to 7 the preclearance commission and the civil rights bureau. If the covered 8 entity is a county or city board of elections, it shall contemporaneous- 9 ly provide a copy of the covered policy to the state board of elections. 10 (b) Upon submission of a covered policy for preclearance, as soon as 11 practicable but no later than within ten days, the commission shall 12 publish the submission on its website. 13 (c) After publication of a submission, there shall be an opportunity 14 for members of the public to comment on the submission to the civil 15 rights bureau within the time periods set forth below. To facilitate 16 public comment, the commission shall provide an opportunity for members 17 of the public to sign up to receive notifications or alerts regarding 18 submission of a covered policy for preclearance. 19 (d) Upon submission of a covered policy for preclearance, the civil 20 rights bureau shall review the submission and shall, within the time 21 periods set forth below, provide a report and recommendation to the 22 commission, which shall include a recommendation as to whether, under 23 this title, preclearance should be granted or denied to the covered 24 policy. Such time period shall run concurrent with the time periods for 25 public comment. The civil rights bureau may not submit its report and 26 recommendation until the period for public comment is closed. The civil 27 rights bureau may request more information from a jurisdiction submit- 28 ting a covered policy at any time during its review to aid in developing 29 its report and recommendation. The failure to timely comply with reason- 30 able requests for more information may be grounds for the denial of 31 preclearance. The civil rights bureau's reports and recommendation shall 32 be posted publicly on the preclearance commission's website promptly 33 after they are received by the commission. Provided, however, such 34 communications between the civil rights bureau and the commission or its 35 members other than the civil rights bureau's report and recommendation 36 shall be exempt from public disclosure under article six of the public 37 officers law. The civil rights bureau may instead opt to grant or deny 38 preclearance directly without sending a recommendation to the commis- 39 sion. 40 (e) Upon receipt of the civil rights bureau's report and recommenda- 41 tion regarding a covered policy submitted for preclearance, the 42 preclearance commission shall review the covered policy, the civil 43 rights bureau's report and recommendation, and any public comment, and 44 shall, within the time periods set forth below, deny or grant preclear- 45 ance. In determining whether to deny or grant preclearance, the commis- 46 sion shall give deference to the civil rights bureau's recommendation 47 under an "arbitrary and capricious" standard of review. In any determi- 48 nation as to preclearance, the commission shall identify in writing 49 whether it is approving or rejecting the civil rights bureau's recommen- 50 dation. If the preclearance commission grants preclearance, it may, in 51 its discretion, designate preclearance as "preliminary" in which case 52 the commission may deny preclearance within sixty days following the 53 receipt of submission of the covered policy. 54 (i) The commission shall grant preclearance only if it determines, 55 upon review of the civil rights bureau's recommendation, that the 56 covered policy will not diminish the ability of protected class membersA. 6678--D 14 1 to participate in the political process and to elect their preferred 2 candidates to office. If the commission grants preclearance, the covered 3 entity may enact or implement the covered policy immediately. 4 (ii) If the commission denies preclearance, the commission shall 5 interpose objections explaining its basis and the covered policy shall 6 not be enacted or implemented. 7 (iii) If the commission fails to respond within the time for response 8 as established in this section, the civil rights bureau's recommendation 9 on the covered policy shall govern. 10 (iv) If the commission's membership falls below a quorum at any time, 11 or during any time period that may elapse between the effective date of 12 this section and the establishment of a quorum on the commission, the 13 civil rights bureau's recommendation as to whether preclearance should 14 be granted or denied shall have the force of final preclearance determi- 15 nation until the commission's quorum is established or restored. 16 (f) The time periods for public comment, civil rights bureau review, 17 and the decision of the commission to grant or deny preclearance on 18 submission shall be as follows: 19 (i) For any covered policy concerning the designation or selection of 20 poll sites or the assignment of election districts to poll sites, wheth- 21 er for election day or early voting, the period for public comment shall 22 be five business days. The civil rights bureau shall submit its report 23 and recommendation to the commission within ten days following the 24 receipt of such submission and a single commissioner, assigned on a 25 rotating basis, shall review the submission, the civil rights bureau's 26 recommendation, and any public comment. Within five days such commis- 27 sioner shall, either: (A) approve the civil rights bureau's recommenda- 28 tion; or (B) refer the submission and the civil rights bureau's recom- 29 mendation to the full commission for a determination as to whether 30 preclearance shall be denied or granted. 31 (ii) Upon a showing of good cause, the civil rights bureau may receive 32 an extension of up to twenty days to submit its report and recommenda- 33 tion to the commission. If the commissioner initially assigned refers 34 the submission and the civil rights bureau's recommendation to the 35 commission for a determination, the commission shall deny or grant 36 preclearance within five days from the date of referral. 37 (iii) For any other covered policy, the period for public comment 38 shall be ten business days, the civil rights bureau shall submit its 39 report and recommendation to the commission within forty days, and a 40 single commissioner, assigned on a rotating basis, shall review the 41 submission, the civil rights bureau's recommendation, and any public 42 comment, and shall, within five days, either: (A) approve the civil 43 rights bureau's recommendation; or (B) refer the submission and the 44 civil rights bureau's recommendation to the commission for a determi- 45 nation as to whether preclearance shall be denied or granted. If the 46 commissioner initially assigned refers the submission and the civil 47 rights bureau's recommendation to the commission for a determination, 48 the commission shall deny or grant preclearance within ten days from the 49 date of referral. In consultation with the civil rights bureau, the 50 commission may invoke up to two extensions of ninety days each. 51 (iv) The civil rights bureau is hereby authorized to promulgate rules 52 for an expedited, emergency preclearance process in the event of a 53 covered policy occurring during or imminently preceding an election as a 54 result of any disaster within the meaning of section 3-108 of this chap- 55 ter or other exigent circumstances. Any preclearance granted under thisA. 6678--D 15 1 provision shall be designated "preliminary" and the commission may deny 2 preclearance within sixty days following receipt of the covered policy. 3 (g) Appeal of any denial by the preclearance commission may be heard 4 in the supreme court for the county of New York or the county of Albany 5 in a proceeding commenced against the commission, pursuant to article 6 seventy-eight of the civil practice law and rules, from which appeal may 7 be taken according to the ordinary rules of appellate procedure. Due to 8 the frequency and urgency of elections, actions brought pursuant to this 9 section shall be subject to expedited pretrial and trial proceedings and 10 receive an automatic calendar preference on appeal. 11 5. Preclearance by a designated court. A covered entity may obtain 12 preclearance for a covered policy from a court pursuant to the following 13 process: 14 (a) The covered entity shall submit the covered policy in writing to 15 the following designated court in the judicial department within which 16 the covered entity is located: (i) first judicial department: New York 17 county; (ii) second judicial department: Westchester county; (iii) 18 third judicial department: Albany county; and (iv) fourth judicial 19 department: Erie county. If the covered entity is a county or city 20 board of elections, it shall contemporaneously provide a copy of the 21 covered policy to the state board of elections. 22 (b) The covered entity shall contemporaneously provide a copy of the 23 covered policy to the civil rights bureau. The failure of the covered 24 entity to provide a copy of the covered policy to the civil rights 25 bureau will result in an automatic denial of preclearance. 26 (c) The court shall grant or deny preclearance within sixty days 27 following the receipt of submission of the covered policy. 28 (d) The court shall grant preclearance only if it determines that the 29 covered policy will not diminish the ability of protected class members 30 to participate in the political process and to elect their preferred 31 candidates to office. If the court grants preclearance, the covered 32 entity may enact or implement the covered policy immediately. 33 (e) If the court denies preclearance, or fails to respond within sixty 34 days, the covered policy shall not be enacted or implemented. 35 (f) Appeal of any denial may be taken according to the ordinary rules 36 of appellate procedure. Due to the frequency and urgency of elections, 37 actions brought pursuant to this section shall be subject to expedited 38 pretrial and trial proceedings and receive an automatic calendar prefer- 39 ence on appeal. 40 6. Preclearance by public notice and comment. A covered entity may 41 obtain preclearance for a covered policy through the use of a public 42 notice and comment period pursuant to the following process: 43 (a) Prior to enacting or seeking to administer any covered policies 44 under subdivision two of this section the covered entity shall publish 45 the proposed covered policy change on its official website, along with 46 an explanation for how the change would not diminish the ability of 47 protected class members to participate in the political process and to 48 elect their preferred candidates to office, and publish general notice 49 of opportunity for public comment on the proposed covered practice. The 50 covered entity shall also publicize the notice through press releases 51 and such other media. The covered entity shall notify the civil rights 52 bureau and the preclearance commission of its intent to use the notice 53 and comment process to preclear a proposed change. 54 (b) Such notice shall be made at least forty-five days in advance of 55 the last date prescribed in the notice for public comment.A. 6678--D 16 1 (c) Public comment shall be accepted for a period of no fewer than 2 thirty days. During this period, the covered entity shall afford inter- 3 ested persons an opportunity to submit data, views, and arguments in 4 writing by mail, fax, or email, or through an online public comment 5 portal on the official website for the locality if one has been estab- 6 lished. 7 (d) The covered entity shall conduct at least one public hearing 8 during this period to receive public comment on the proposed covered 9 practice. 10 (e) The covered entity may make changes to the proposed covered prac- 11 tice in response to public comment received. In doing so, the revised 12 covered practice shall be published and public comment shall be accepted 13 in accordance with this subsection, except the public comment period 14 shall be no fewer than fifteen days. 15 (f) Following the public comment period or periods prescribed, the 16 covered entity shall publish the final covered practice, which shall 17 include a plain English description of the practice and the text of an 18 ordinance if applicable, giving effect to the practice, maps of proposed 19 boundary changes, or other relevant materials, and notice that the 20 covered practice will take effect in thirty days. 21 (g) During this thirty-day waiting period, any person who will be 22 subject to, or affected by, the covered practice may challenge, in the 23 supreme court of the locality where the covered practice is to be imple- 24 mented, the covered practice as having the purpose or effect of dimin- 25 ishing the ability of protected class members to participate in the 26 political process and to elect their preferred candidates to office. 27 (h) The preclearance commission or the civil rights bureau may assert 28 jurisdiction over the proposed change upon receiving notice of the 29 covered entity's intent to use the notice and comment process any time 30 before the close of the public comment period. A single member may 31 assert jurisdiction. 32 7. Failure to seek or obtain preclearance. If any covered entity 33 enacts or implements a covered policy without seeking preclearance 34 pursuant to this section, or enacts or implements a covered policy 35 notwithstanding the denial of preclearance, either the civil rights 36 bureau or any other party with standing to bring an action under this 37 title may bring an action to enjoin the covered policy and to seek sanc- 38 tions against the political subdivision and officials in violation. 39 8. Lookback review. (a) For a period of one hundred eighty days begin- 40 ning on the effective date of this section, the commission or the civil 41 rights bureau may, in its discretion, initiate a lookback review in 42 which it may deny clearance to certain covered policies that had been 43 previously enacted by covered jurisdictions. 44 (b) The commission or civil rights bureau may only initiate a lookback 45 review of covered policies that were enacted or implemented by a covered 46 jurisdiction on or after the date on which this title takes effect and 47 prior to the effective date of this section. 48 (c) In order to initiate a lookback review, the commission or civil 49 rights bureau must provide notice to a covered entity of its decision to 50 review a covered policy enacted or implemented by that covered entity. 51 Upon receipt of such notice, the covered entity shall submit the covered 52 policy in writing to the preclearance commission or civil rights bureau 53 within thirty days. 54 (d) Upon receipt of a covered policy for lookback review, the commis- 55 sion or civil rights bureau shall publish the submission on its website. 56 The schedule and procedures for receiving public comment and evaluatingA. 6678--D 17 1 a submission through lookback review shall reflect the schedule and 2 procedures provided by paragraph (f) of subdivision four of this 3 section, based on the type of policy that is the subject of the 4 submission. 5 9. Rules and regulations. The civil rights bureau may promulgate such 6 rules and regulations pursuant to the state administrative procedure act 7 as are necessary to effectuate the purposes of this section. 8 § 17-214. Right of action against voter intimidation, deception or 9 obstruction. 1. (a) No person, whether acting under color of law or 10 otherwise, may engage in acts of intimidation, deception, or obstruction 11 that affects the right of voters to access the elective franchise. 12 (b) A violation of this subdivision shall be: 13 (i) established if a person uses or threatens to use any force, 14 violence, restraint, abduction or duress, or inflicts or threatens to 15 inflict any injury, damage, harm or loss, or in any other manner prac- 16 tices intimidation that causes or will reasonably have the effect of 17 causing any person to vote or refrain from voting in general or for or 18 against any particular person or for or against any proposition submit- 19 ted to voters at such election; to place or refrain from placing their 20 name upon a registry of voters; or to request or refrain from requesting 21 an absentee ballot; or 22 (ii) established if a person knowingly uses any deceptive or fraudu- 23 lent device, contrivance or communication, that impedes, prevents or 24 otherwise interferes with the free exercise of the elective franchise by 25 any person, or that causes or will reasonably have the effect of causing 26 any person to vote or refrain from voting in general or for or against 27 any particular person or for or against any proposition submitted to 28 voters at such election; to place or refrain from placing their name 29 upon a registry of voters; or to request or refrain from requesting an 30 absentee ballot; or 31 (iii) established if a person obstructs, impedes, or otherwise inter- 32 feres with access to any polling place or elections office, or 33 obstructs, impedes, or otherwise interferes with any voter in any manner 34 that causes or will reasonably have the effect of causing any delay in 35 voting or the voting process, including the canvassing and tabulation of 36 ballots. 37 2. Standing. Any aggrieved persons, organization whose membership 38 includes or is likely to include aggrieved persons, organization whose 39 mission would be frustrated by a violation of this section, organization 40 that would expend resources in order to fulfill its mission as a result 41 of a violation of this section, or the attorney general may file an 42 action pursuant to this section in the supreme court of the county in 43 which the alleged violation of this section occurred. 44 3. Remedies. Upon a finding of a violation of any provision of this 45 section, the court shall implement appropriate remedies that are 46 tailored to remedy the violation, including but not limited to providing 47 for additional time to cast a ballot that may be counted in the election 48 at issue. This title gives the court authority to implement remedies 49 notwithstanding any other provision of state or local law, including any 50 other state or local law. Any party who shall violate any of the 51 provisions of the foregoing section or who shall aid the violation of 52 any of said provisions shall be liable to any prevailing plaintiff party 53 for damages, including nominal damages for any violation, and compensa- 54 tory or punitive damages for any intentional violation. 55 § 17-216. Authority to issue subpoenas. In any action or investigation 56 to enforce any provision of this title, the attorney general shall haveA. 6678--D 18 1 the authority to take proof and determine relevant facts and to issue 2 subpoenas in accordance with the civil practice law and rules. 3 § 17-218. Expedited judicial proceedings and preliminary relief. 4 Because of the frequency of elections, the severe consequences and irre- 5 parable harm of holding elections under unlawful conditions, and the 6 expenditure to defend potentially unlawful conditions that benefit 7 incumbent officials, actions brought pursuant to this title shall be 8 subject to expedited pretrial and trial proceedings and receive an auto- 9 matic calendar preference. In any action alleging a violation of this 10 section in which a plaintiff party seeks preliminary relief with respect 11 to an upcoming election, the court shall grant relief if it determines 12 that: (a) plaintiffs are more likely than not to succeed on the merits; 13 and (b) it is possible to implement an appropriate remedy that would 14 resolve the alleged violation in the upcoming election. 15 § 17-220. Attorneys' fees. In any action to enforce any provision of 16 this title, the court shall allow the prevailing plaintiff party, other 17 than the state or political subdivision thereof, a reasonable attorneys' 18 fee, litigation expenses including, but not limited to, expert witness 19 fees and expenses as part of the costs. A plaintiff will be deemed to 20 have prevailed when, as a result of litigation, the defendant party 21 yields much or all of the relief sought in the suit. Prevailing defend- 22 ant parties shall not recover any costs, unless the court finds the 23 action to be frivolous, unreasonable, or without foundation. 24 § 17-222. Applicability. The provisions of this title shall apply to 25 all elections for any elected office or electoral choice within the 26 state or any political subdivision. The provisions of this title shall 27 apply notwithstanding any other provision of law, including any other 28 state law or local law. 29 § 17-224. Severability. If any provision of this title or its applica- 30 tion to any person, political subdivision, or circumstance is held 31 invalid, the invalidity shall not affect other provisions or applica- 32 tions of this title which can be given effect without the invalid 33 provision or application, and to this end the provisions of this title 34 are severable. 35 § 5. This act shall take effect immediately; provided, however, that 36 paragraph (c) of subdivision seven of section 17-206 of the election law 37 as added by section four of this act shall take effect one year after it 38 shall have become a law; and provided further, however, that section 39 17-208 of the election law as added by section four of this act shall 40 take effect three years after it shall have become a law; and provided 41 further, however, that section 17-212 of the election law, as added by 42 section four of this act, shall take effect one year after the attorney 43 general certifies that the office of the attorney general is prepared to 44 execute the duties assigned in section four of this act, if after the 45 expiration of one year the attorney general requires more time to certi- 46 fy that the office of the attorney general is prepared to execute the 47 duties assigned in section four of this act, the attorney general, may, 48 for good cause shown, apply to the governor for such an extension of 49 time. The governor may grant or deny an extension of up to one year 50 according to his or her discretion. The attorney general shall notify 51 the legislative bill drafting commission upon the occurrence of the 52 enactment of the legislation provided for in section four of this act in 53 order that the commission may maintain an accurate and timely effective 54 data base of the official text of the laws of the state of New York in 55 furtherance of effectuating the provisions of section 44 of the legisla- 56 tive law and section 70-b of the public officers law.
