S T A T E O F N E W Y O R K
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9105
I N A S S E M B L Y
January 20, 2012
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Introduced by M. of A. P. RIVERA, KELLNER, BENEDETTO, KAVANAGH, MILLMAN,
JAFFEE, J. RIVERA, N. RIVERA, COOK, STEVENSON, BOYLAND, HOOPER --
Multi-Sponsored by -- M. of A. ARROYO, AUBRY, BRENNAN, CAHILL,
CALHOUN, CAMARA, CLARK, CONTE, FARRELL, GANTT, HEASTIE, JEFFRIES,
P. LOPEZ, V. LOPEZ, MAISEL, ORTIZ, PEOPLES-STOKES, PERRY, PRETLOW,
RAMOS, REILLY, ROBINSON, TITUS, WRIGHT -- read once and referred to
the Committee on Election Law
AN ACT to amend the civil rights law, in relation to enacting the voting
rights act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new article 3-A
to read as follows:
ARTICLE 3-A
VOTING RIGHTS ACT
SECTION 30. SHORT TITLE.
31. DEFINITIONS.
32. APPLICATION OF ARTICLE.
33. AT-LARGE ELECTIONS; LIMITED.
34. VIOLATIONS.
35. REMEDY.
36. RECOVERY OF COSTS.
37. PURPOSE.
38. INDIVIDUAL CAUSE OF ACTION.
S 30. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"VOTING RIGHTS ACT".
S 31. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
MEAN:
1. "AT-LARGE METHOD OF ELECTION" MEANS ANY OF THE FOLLOWING METHODS OF
ELECTING MEMBERS TO THE LEGISLATIVE OR GOVERNING BODY OF A POLITICAL
SUBDIVISION:
(A) ONE IN WHICH THE VOTERS OF THE ENTIRE JURISDICTION ELECT THE
MEMBERS OF THE LEGISLATIVE OR GOVERNING BODY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13493-01-1
A. 9105 2
(B) ONE IN WHICH THE CANDIDATES ARE REQUIRED TO RESIDE WITHIN GIVEN
AREAS OF THE JURISDICTION AND THE VOTERS OF THE ENTIRE JURISDICTION
ELECT THE MEMBERS OF THE LEGISLATIVE OR GOVERNING BODY; OR
(C) ONE WHICH COMBINES AT-LARGE ELECTIONS WITH DISTRICT-BASED
ELECTIONS.
2. "DISTRICT-BASED ELECTIONS" MEANS A METHOD OF ELECTING MEMBERS OF
THE LEGISLATIVE OR GOVERNING BODY OF A POLITICAL SUBDIVISION IN WHICH
THE CANDIDATE MUST RESIDE WITHIN AN ELECTION DISTRICT THAT IS A DIVIS-
IBLE PART OF THE POLITICAL SUBDIVISION AND IS ELECTED ONLY BY VOTERS
RESIDING WITHIN THAT ELECTION DISTRICT.
3. "POLITICAL SUBDIVISION" MEANS A GEOGRAPHIC AREA OF REPRESENTATION
CREATED FOR THE PROVISION OF GOVERNMENT SERVICES, INCLUDING, BUT NOT
LIMITED TO, A CITY, A SCHOOL DISTRICT, A COMMUNITY SCHOOL BOARD, TOWN,
VILLAGE, COUNTY OR OTHER DISTRICT ORGANIZED PURSUANT TO STATE LAW.
4. "PROTECTED CLASS" MEANS A CLASS OF VOTERS WHO ARE MEMBERS OF A
RACE, COLOR OR LANGUAGE MINORITY GROUP, AS THIS CLASS IS REFERENCED AND
DEFINED IN THE FEDERAL VOTING RIGHTS ACT (42 U.S.C. SEC. 1973 ET SEQ.).
5. "RACIALLY POLARIZED VOTING" MEANS VOTING IN WHICH THERE IS A
DIFFERENCE, AS DEFINED IN CASE LAW REGARDING ENFORCEMENT OF THE FEDERAL
VOTING RIGHTS ACT (42 U.S.C. SEC. 1973 ET SEQ.), IN THE CHOICE OF CANDI-
DATES OR OTHER ELECTORAL CHOICES THAT ARE PREFERRED BY VOTERS IN A
PROTECTED CLASS, AND IN THE CHOICE OF CANDIDATES AND ELECTORAL CHOICES
THAT ARE PREFERRED BY VOTERS IN THE REST OF THE ELECTORATE. THE METHOD-
OLOGIES FOR ESTIMATING GROUP VOTING BEHAVIOR AS APPROVED IN APPLICABLE
FEDERAL CASES TO ENFORCE THE FEDERAL VOTING RIGHTS ACT (42 U.S.C. SEC.
1973 ET SEQ.) TO ESTABLISH RACIALLY POLARIZED VOTING MAY BE USED FOR
PURPOSES OF THIS ARTICLE TO PROVE THAT ELECTIONS ARE CHARACTERIZED BY
RACIALLY POLARIZED VOTING.
S 32. APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL
SUPERSEDE ANY OTHER PROVISION OF LAW RELATING TO THE ESTABLISHMENT OF
ELECTION DISTRICTS.
S 33. AT-LARGE ELECTIONS; LIMITED. NO AT-LARGE METHOD OF ELECTION
SHALL BE IMPOSED OR APPLIED IN A MANNER THAT IMPAIRS THE ABILITY OF A
PROTECTED CLASS TO ELECT CANDIDATES OF ITS CHOICE OR ITS ABILITY TO
INFLUENCE THE OUTCOME OF AN ELECTION, AS A RESULT OF THE DILUTION OR THE
ABRIDGMENT OF THE RIGHTS OF VOTERS WHO ARE MEMBERS OF SUCH CLASS.
S 34. VIOLATIONS. 1. A VIOLATION OF SECTION THIRTY-THREE OF THIS ARTI-
CLE SHALL BE ESTABLISHED IF IT IS SHOWN THAT RACIALLY POLARIZED VOTING
OCCURS IN ELECTIONS FOR MEMBERS OF THE LEGISLATIVE OR GOVERNING BODY OF
THE POLITICAL SUBDIVISION OR IN ELECTIONS INCORPORATING OTHER ELECTORAL
CHOICES BY THE VOTERS OF THE POLITICAL SUBDIVISION. ELECTIONS CONDUCTED
PRIOR TO THE FILING OF AN ACTION PURSUANT TO SECTION THIRTY-THREE OF
THIS ARTICLE SHALL BE DEEMED TO BE MORE PROBATIVE TO ESTABLISH THE
EXISTENCE OF RACIALLY POLARIZED VOTING THAN ELECTIONS CONDUCTED AFTER
THE FILING OF THE ACTION.
2. THE OCCURRENCE OF RACIALLY POLARIZED VOTING SHALL BE DETERMINED
FROM EXAMINING RESULTS OF ELECTIONS IN WHICH AT LEAST ONE CANDIDATE IS A
MEMBER OF A PROTECTED CLASS OR ELECTIONS INVOLVING BALLOT MEASURES, OR
OTHER ELECTORAL CHOICES THAT AFFECT THE RIGHTS AND PRIVILEGES OF MEMBERS
OF A PROTECTED CLASS. ONE CIRCUMSTANCE THAT MAY BE CONSIDERED IN DETER-
MINING A VIOLATION OF SECTION THIRTY-THREE OF THIS ARTICLE IS THE EXTENT
TO WHICH CANDIDATES WHO ARE MEMBERS OF A PROTECTED CLASS AND WHO ARE
PREFERRED BY VOTERS OF THE PROTECTED CLASS, AS DETERMINED BY AN ANALYSIS
OF VOTING BEHAVIOR, HAVE BEEN ELECTED TO THE LEGISLATIVE OR GOVERNING
BODY OF A POLITICAL SUBDIVISION THAT IS THE SUBJECT OF AN ACTION BASED
ON SECTION THIRTY-THREE OF THIS ARTICLE. IN MULTISEAT AT-LARGE ELECTION
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DISTRICTS, WHERE THE NUMBER OF CANDIDATES WHO ARE MEMBERS OF A PROTECTED
CLASS IS FEWER THAN THE NUMBER OF SEATS AVAILABLE, THE RELATIVE GROUP-
WIDE SUPPORT RECEIVED BY CANDIDATES FROM MEMBERS OF A PROTECTED CLASS
SHALL BE THE BASIS FOR THE RACIAL POLARIZATION ANALYSIS.
3. THE FACT THAT MEMBERS OF A PROTECTED CLASS ARE NOT GEOGRAPHICALLY
COMPACT OR CONCENTRATED SHALL NOT PRECLUDE A FINDING OF RACIALLY POLAR-
IZED VOTING, OR A VIOLATION OF SECTION THIRTY-THREE OF THIS ARTICLE, BUT
MAY BE A FACTOR IN DETERMINING AN APPROPRIATE REMEDY.
4. PROOF OF AN INTENT ON THE PART OF THE VOTERS OR ELECTED OFFICIALS
TO DISCRIMINATE AGAINST A PROTECTED CLASS SHALL NOT BE REQUIRED.
5. OTHER FACTORS SUCH AS THE HISTORY OF DISCRIMINATION, THE USE OF
ELECTORAL DEVICES OR OTHER VOTING PRACTICES OR PROCEDURES THAT MAY
ENHANCE THE DILUTIVE EFFECTS OF AT-LARGE ELECTIONS, DENIAL OF ACCESS TO
THOSE PROCESSES DETERMINING WHICH GROUPS OF CANDIDATES WILL RECEIVE
FINANCIAL OR OTHER SUPPORT IN A GIVEN ELECTION, THE EXTENT TO WHICH
MEMBERS OF A PROTECTED CLASS BEAR THE EFFECTS OF PAST DISCRIMINATION IN
AREAS SUCH AS EDUCATION, EMPLOYMENT AND HEALTH, WHICH HINDER THEIR ABIL-
ITY TO PARTICIPATE EFFECTIVELY IN THE POLITICAL PROCESS, AND THE USE OF
OVERT OR SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS ARE PROBATIVE, BUT
NOT NECESSARY FACTORS TO ESTABLISH A VIOLATION OF SECTION THIRTY-THREE
OF THIS ARTICLE.
S 35. REMEDY. UPON A FINDING OF A VIOLATION OF SECTION THIRTY-THREE OF
THIS ARTICLE, THE SUPREME COURT SHALL IMPLEMENT APPROPRIATE REMEDIES,
INCLUDING THE IMPOSITION OF DISTRICT-BASED ELECTIONS, THAT ARE TAILORED
TO REMEDY THE VIOLATION.
S 36. RECOVERY OF COSTS. IN ANY ACTION TO ENFORCE SECTION THIRTY-THREE
OF THIS ARTICLE, THE SUPREME COURT SHALL ALLOW THE PREVAILING PLAINTIFF
PARTY, OTHER THAN THE STATE OR A POLITICAL SUBDIVISION THEREOF, REASON-
ABLE ATTORNEY'S FEES, AND LITIGATION EXPENSES INCLUDING, BUT NOT LIMITED
TO, EXPERT WITNESS FEES AND EXPENSES AS PART OF THE COSTS. PREVAILING
DEFENDANT PARTIES SHALL NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS
THE ACTION TO BE FRIVOLOUS, UNREASONABLE OR WITHOUT FOUNDATION.
S 37. PURPOSE. THE PROVISIONS OF THIS ARTICLE ARE ENACTED TO IMPLEMENT
THE GUARANTEES OF ARTICLE TWO OF THE STATE CONSTITUTION.
S 38. INDIVIDUAL CAUSE OF ACTION. ANY REGISTERED VOTER WHO IS A MEMBER
OF A PROTECTED CLASS AND WHO RESIDES IN A POLITICAL SUBDIVISION WHERE A
VIOLATION OF SECTION THIRTY-THREE OF THIS ARTICLE IS ALLEGED MAY
COMMENCE A CAUSE OF ACTION IN THE SUPREME COURT FOR THE COUNTY IN WHICH
THE POLITICAL SUBDIVISION IS LOCATED.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.