Bill Text: NY A10357 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes amendments to the John R. Lewis Voting Rights Act of New York regarding definition of certain terms and enforcement provisions; specifies certain deceptive and fraudulent acts; relates to notification of violations; relates to preclearance of policies by the civil rights bureau or by a designated court; requires notification to the civil rights bureau of actions involving voting rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A10357 Detail]

Download: New_York-2023-A10357-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10357

                   IN ASSEMBLY

                                      May 20, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law, in relation to voting rights; to amend
          chapter 226 of the laws of 2022 amending the election law relating  to
          establishing  the  John R. Lewis Voting Rights Act of New York, estab-
          lishing 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 creat-
          ing  civil  liability  for  voter  intimidation, in relation to making
          technical changes; and to repeal certain provisions  of  the  election
          law relating to voting rights

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 17-204 of  the  election  law,  as
     2  added by chapter 226 of the laws of 2022, is amended to read as follows:
     3    5.  "Protected  class"  means a class of [eligible voters] individuals
     4  who are members of a race, color, or language-minority group,  including
     5  individuals  who  are  members  of a minimum reporting category that has
     6  ever been officially recognized by the United States census bureau.
     7    § 2. Subdivision 10 of section 17-204 of the election law is REPEALED.
     8    § 3. Subparagraph (ii) of paragraph (b) of subdivision  2  of  section
     9  17-206 of the election law, as added by chapter 226 of the laws of 2022,
    10  is amended to read as follows:
    11    (ii)  used a district-based or alternative method of election and that
    12  candidates or electoral choices preferred by members  of  the  protected
    13  class  would  usually  be  defeated,  and either: (A) voting patterns of
    14  members of the protected class  within  the  political  subdivision  are
    15  racially  polarized; or (B) under the totality of the circumstances, the
    16  ability of members of the protected class to elect candidates  of  their
    17  choice or influence the outcome of elections is impaired[; or].
    18    §  4.  The opening paragraph of subdivision 7 of section 17-206 of the
    19  election law, as added by chapter 226 of the laws of 2022, is amended to
    20  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13768-08-4
        A. 10357                            2

     1    Notification requirement and safe harbor for judicial actions.  Before
     2  commencing  a judicial action against a political subdivision under this
     3  section, a prospective plaintiff shall send by certified mail a  written
     4  notice  to  the clerk of the political subdivision, or, if the political
     5  subdivision  does  not have a clerk, the governing body of the political
     6  subdivision, against which the action would be brought,  asserting  that
     7  the  political subdivision may be in violation of this title. This writ-
     8  ten notice shall be referred to as a "NYVRA notification letter" in this
     9  title.   The NYVRA  notification  letter  shall  specify  the  potential
    10  violation  or  violations alleged and shall contain a statement of facts
    11  to support such allegation; provided, however, that failure to so speci-
    12  fy shall not be a basis for dismissal of such judicial action,  but  may
    13  affect  the  calculation  of  reimbursement pursuant to paragraph (e) of
    14  this subdivision.  The prospective plaintiff shall also  send  by  first
    15  class mail or email a copy of the NYVRA notification letter to the civil
    16  rights  bureau. For actions against a school district or any other poli-
    17  tical subdivision that holds elections governed by  the  education  law,
    18  the  prospective  plaintiff  shall also send by certified mail a copy of
    19  the NYVRA notification letter to the commissioner of education.
    20    § 5. Paragraph (b) of subdivision 7 of section 17-206 of the  election
    21  law,  as added by chapter 226 of the laws of 2022, is amended to read as
    22  follows:
    23    (b) Before receiving a NYVRA notification letter, or within fifty days
    24  of mailing of a NYVRA notification letter, the governing body of a poli-
    25  tical subdivision may pass a resolution  affirming:  (i)  the  political
    26  subdivision's  intention to enact and implement a remedy for a potential
    27  violation of this title; (ii) specific steps the  political  subdivision
    28  will undertake to facilitate approval and implementation of such a reme-
    29  dy;  and  (iii)  a schedule for enacting and implementing such a remedy.
    30  Such a resolution shall be referred to as a "NYVRA resolution"  in  this
    31  title.  If a political subdivision passes a NYVRA resolution, such poli-
    32  tical subdivision shall have ninety days after such passage to enact and
    33  implement such remedy, during which a prospective  plaintiff  shall  not
    34  commence  an action to enforce this section against the political subdi-
    35  vision. For actions against  a  school  district,  the  commissioner  of
    36  education  may order the enactment of a NYVRA resolution pursuant to the
    37  commissioner's authority under section three hundred five of the  educa-
    38  tion  law.    Within seven days of passing a NYVRA resolution, the poli-
    39  tical subdivision shall send by first class mail or email a copy of  the
    40  resolution to the civil rights bureau.
    41    §  6.  Subparagraph  (i)  of paragraph (c) of subdivision 7 of section
    42  17-206 of the election law, as added by chapter 226 of the laws of 2022,
    43  is amended to read as follows:
    44    (i) The governing body of the  political  subdivision  may  approve  a
    45  proposed remedy that complies with this title and submit such a proposed
    46  remedy  to the civil rights bureau no later than one hundred twenty days
    47  after the passage of the NYVRA resolution. Such a  submission  shall  be
    48  referred to as a "NYVRA proposal" in this title.
    49    §  7.  Subparagraph (iii) of paragraph (c) of subdivision 7 of section
    50  17-206 of the election law, as added by chapter 226 of the laws of 2022,
    51  is amended to read as follows:
    52    (iii) Within [forty-five] sixty days of receipt of a  NYVRA  proposal,
    53  the  civil  rights  bureau  shall  grant  or  deny approval of the NYVRA
    54  proposal. The civil rights bureau may invoke an extension of up to twen-
    55  ty days to review the proposal.
        A. 10357                            3

     1    § 8. Subparagraph (iv) of paragraph (c) of subdivision  7  of  section
     2  17-206 of the election law, as added by chapter 226 of the laws of 2022,
     3  is amended to read as follows:
     4    (iv)  The  civil  rights bureau shall only grant approval to the NYVRA
     5  proposal if it concludes that: (A) the political subdivision may  be  in
     6  violation  of this title; (B) the NYVRA proposal would remedy any poten-
     7  tial violation of this title cited in the NYVRA notification letter  and
     8  would  not give rise to any other violation of this title; (C) the NYVRA
     9  proposal is unlikely to violate the constitution or any relevant federal
    10  law; and (D) [the NYVRA proposal  would  not  diminish  the  ability  of
    11  protected  class  members to participate in the political process and to
    12  elect their preferred candidates to office; and (E)]  implementation  of
    13  the NYVRA proposal is feasible.
    14    §  9. Subdivision 3 of section 17-210 of the election law, as added by
    15  chapter 226 of the laws of 2022, is amended to read as follows:
    16    3. Covered entity. A "covered entity" shall include: (a) any political
    17  subdivision which, within the previous  twenty-five  years,  has  become
    18  subject  to  a court order or government enforcement action based upon a
    19  finding of any violation of this title, the federal voting  rights  act,
    20  the  fifteenth amendment to the United States constitution, or a voting-
    21  related violation of the  fourteenth  amendment  to  the  United  States
    22  constitution;  (b)  any political subdivision which, within the previous
    23  twenty-five years, has become subject to at least three court orders  or
    24  government  enforcement actions based upon a finding of any violation of
    25  any state or federal civil rights law or the fourteenth amendment to the
    26  United States constitution concerning discrimination against members  of
    27  a  protected  class;  (c) any county in which, based on data provided by
    28  the division of criminal justice services, the combined misdemeanor  and
    29  felony arrest rate of voting age members of any protected class consist-
    30  ing  of  at  least  ten thousand citizens of voting age or whose members
    31  comprise at least ten percent of the citizen voting  age  population  of
    32  the  county, exceeds the proportion that the protected class constitutes
    33  of the citizen voting age population of the county  as  a  whole  by  at
    34  least  twenty [percent] percentage points at any point within the previ-
    35  ous ten years; [or] (d) any political subdivision  in  which,  based  on
    36  data made available by the United States census, the dissimilarity index
    37  of any protected class consisting of at least twenty-five thousand citi-
    38  zens of voting age or whose members comprise at least ten percent of the
    39  citizen voting age population of the political subdivision, is in excess
    40  of  fifty  with  respect  to non-Hispanic white [citizens of voting age]
    41  individuals within the political subdivision at  any  point  within  the
    42  previous  ten  years[.  If  any  covered entity is a]; (e) any political
    43  subdivision in which a board of elections has  been  established,  [that
    44  board  of  elections shall also be deemed] if such political subdivision
    45  contains a covered entity[. If] fully within its  borders;  or  (f)  any
    46  [political  subdivision  in  which  a]  board of elections that has been
    47  established [contains a covered entity fully within its  borders,  that]
    48  in  a  political  subdivision [and that board of elections shall both be
    49  deemed] that is a covered entity pursuant to paragraph  (a),  (b),  (c),
    50  (d) or (e) of this subdivision.
    51    §  10.  Subparagraph (ii) of paragraph (f) of subdivision 4 of section
    52  17-210 of the election law, as added by chapter 226 of the laws of 2022,
    53  is amended to read as follows:
    54    (ii) [Upon a showing of good cause, the] The civil rights  bureau  may
    55  [receive]  invoke  an  extension of up to twenty days to make a determi-
        A. 10357                            4

     1  nation pursuant to this paragraph, if the civil rights bureau determines
     2  that good cause exists for such extension.
     3    § 11. Subdivision 7 of section 17-210 of the election law, as added by
     4  chapter 226 of the laws of 2022, is amended to read as follows:
     5    7. [Rules and regulations. The civil rights bureau may promulgate such
     6  rules  and  regulations  as  are necessary to effectuate the purposes of
     7  this section.] Notification. (a) Any political subdivision that  becomes
     8  subject to a court order or government enforcement action as provided in
     9  paragraph  (a)  or (b) of subdivision three of this section shall notify
    10  the civil rights bureau within thirty days of the issuance of such order
    11  or enforcement action.
    12    (b) Any political subdivision  that  becomes  involved  in  litigation
    13  concerning  voting  shall  notify  the civil rights bureau within thirty
    14  days of the commencement of such litigation.
    15    (c) No more than thirty days after publication of a  list  of  covered
    16  entities  by  the  civil  rights bureau, each covered entity included in
    17  such list shall notify the  civil  rights  bureau  of  the  name,  email
    18  address,  and  telephone  number  of an individual with the authority to
    19  submit covered policies for preclearance on behalf of the covered  enti-
    20  ty. Each such covered entity shall notify the civil rights bureau within
    21  thirty  days of any material change to the information required pursuant
    22  to this paragraph.
    23    § 12. Subparagraph (ii) of paragraph (b) of subdivision 1  of  section
    24  17-212  of  the  election  law, as amended by chapter 481 of the laws of
    25  2023, is amended to read as follows:
    26    (ii) a person knowingly  uses  any  deceptive  or  fraudulent  device,
    27  contrivance  or  communication[,]  that  (A)  pertains to: (1) the time,
    28  place, or manner of any election; (2) the qualifications or restrictions
    29  on voter eligibility for such election; (3) any voter's  eligibility  to
    30  vote in any election; (4) the consequences for voting or failing to vote
    31  in  any  election; or (5) a statement of endorsement by any specifically
    32  named  person,  political  party,  or  organization;  and  (B)  impedes,
    33  prevents  or otherwise interferes with the free exercise of the elective
    34  franchise by any person, or [that] causes or will  reasonably  have  the
    35  effect  of  causing any person to vote or refrain from voting in general
    36  or for or against any particular person or for or against  any  proposi-
    37  tion  submitted  to  voters  at  such election; to place or refrain from
    38  placing their name upon a registry of voters; or to request  or  refrain
    39  from requesting an early mail or absentee ballot; or
    40    §  13.  Section 17-214 of the election law, as added by chapter 226 of
    41  the laws of 2022, is amended to read as follows:
    42    § 17-214. Enforcement. 1. Enforcement by the attorney general. If  the
    43  civil  rights bureau concludes that a submission by a political subdivi-
    44  sion or any other party is insufficient  to  complete  its  review,  the
    45  civil rights bureau may request that the party provide additional infor-
    46  mation,  and  the  time  periods for review provided in this title shall
    47  recommence upon receipt of such information. If such information is  not
    48  provided, such time periods for review shall not apply.
    49    2.  Authority  to  issue  subpoenas. In any action or investigation to
    50  enforce any provision of this title, the attorney general shall have the
    51  authority to take proof  and  determine  relevant  facts  and  to  issue
    52  subpoenas in accordance with the civil practice law and rules.
    53    3.  Preclearance.  Covered entities shall provide information relevant
    54  to preclearance to the civil rights bureau upon request.
    55    § 14. Section 17-216 of the election law, as added by chapter  226  of
    56  the laws of 2022, is amended to read as follows:
        A. 10357                            5

     1    § 17-216. Expedited   judicial  proceedings  and  preliminary  relief.
     2  Because of the frequency of elections, the severe consequences and irre-
     3  parable harm of holding elections under  unlawful  conditions,  and  the
     4  expenditure  to  defend  potentially  unlawful  conditions  that benefit
     5  incumbent  officials,  actions  brought  pursuant to this title shall be
     6  subject to expedited pretrial and trial proceedings and receive an auto-
     7  matic calendar preference. In any action alleging a  violation  of  this
     8  [section] title in which a plaintiff party seeks preliminary relief with
     9  respect  to  an  upcoming  election,  the court shall grant relief if it
    10  determines that:  (a) plaintiffs are more likely than not to succeed  on
    11  the  merits;  and  (b) it is possible to implement an appropriate remedy
    12  that would resolve the alleged violation in the upcoming election.
    13    § 15. The election law is amended by adding a new  section  17-219  to
    14  read as follows:
    15    §  17-219.  Rules and regulations. The civil rights bureau may promul-
    16  gate  such rules  and regulations as may be necessary to effectuate  the
    17  purposes of this title.
    18    §  16.  Section  5  of  chapter  226  of the laws of 2022 amending the
    19  election law relating to establishing the John R.  Lewis  Voting  Rights
    20  Act  of New York, establishing rights of action for denying or abridging
    21  of the right of any member of  a  protected  class  to  vote,  providing
    22  assistance  to  language-minority  groups,  requiring  certain political
    23  subdivisions to receive preclearance for  potential  violations  of  the
    24  NYVRA,  and  creating civil liability for voter intimidation, as amended
    25  by chapter 169 of the laws of 2023, is amended to read as follows:
    26    § 5. This act shall take effect July 1, 2023;  provided  that  section
    27  17-208  of  the  election law as added by section four of this act shall
    28  take effect three years after it shall have become a law;  and  provided
    29  further,  however,  that section 17-210 of the election law, as added by
    30  section four of this act, shall take effect one year after the  attorney
    31  general certifies that the office of the attorney general is prepared to
    32  execute  the  duties  assigned  in section four of this act, and further
    33  provided that if after the expiration of one year following such certif-
    34  ication the attorney general requires more time  to  [certify  that  the
    35  office  of  the  attorney  general  is  prepared  to] execute the duties
    36  assigned in section four of this act, the  attorney  general,  may,  for
    37  good  cause  shown, apply to the governor for such an extension of time.
    38  The governor may grant or deny an extension of up to one year  according
    39  to his or her discretion. The attorney general shall notify the legisla-
    40  tive  bill  drafting  commission upon the occurrence of the enactment of
    41  the legislation provided for in section four of this act in  order  that
    42  the  commission  may maintain an accurate and timely effective data base
    43  of the official text of the laws of the state of New York in furtherance
    44  of effectuating the provisions of section 44 of the legislative law  and
    45  section 70-b of the public officers law.
    46    §  17. This act shall take effect immediately; provided, however, that
    47  the amendments to section 17-210 of the election law  made  by  sections
    48  nine,  ten and eleven of this act shall take effect on the same date and
    49  in the same manner as such section takes effect pursuant to section 5 of
    50  chapter 226 of the laws of 2022; provided, further, that section  17-219
    51  of  the  election  law  as added by section fifteen of this act shall be
    52  deemed to have been in full force and effect on the same date as chapter
    53  226 of the laws of 2022 took effect; and  provided,  further,  that  the
    54  amendments  to  section  5  of  chapter  226 of the laws of 2022 made by
    55  section sixteen of this act shall be deemed to have been in  full  force
    56  and effect on the same date as such chapter was enacted.