Assembly Bill A10712

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10712

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

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  pre-clearance  of
  voting-related regulations and policies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 8 of the election law is amended by  adding  a  new
title 6 to read as follows:
                                TITLE VI
                              PRE-CLEARANCE
SECTION 8-600. PRE-CLEARANCE.
  S  8-600.  PRE-CLEARANCE.  1. TO ENSURE THAT THE RIGHT OF CITIZENS WHO
RESIDE IN NEW YORK TO VOTE IS NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE,
COLOR, OR LANGUAGE MINORITY STATUS THROUGH THE ENFORCEMENT OF A  VOTING-
RELATED  REGULATION, PROCEDURE OR POLICY THAT IS ENACTED OR ADMINISTERED
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE  FOLLOWING  VOTING-RELATED
REGULATIONS,  AND  POLICIES  SHALL  BE  SUBJECT  TO PRE-CLEARANCE BY THE
ATTORNEY GENERAL PURSUANT TO THIS TITLE.
  2. BEFORE THE STATE BOARD OF ELECTIONS OR ANY LOCAL BOARD OF ELECTIONS
ENACTS OR IMPLEMENTS ANY CHANGES IN VOTING QUALIFICATION,  PREREQUISITES
TO  VOTING,  ADMINISTRATION,  REGULATIONS, POLICIES, PRACTICES OR PROCE-
DURES WITH RESPECT TO VOTING AFFECTING: (A) A COUNTY WITH  A  POPULATION
COMPRISED,  IN  THE  AGGREGATE,  OF AT LEAST TEN PERCENT OF MEMBERS OF A
PROTECTED  CLASS  OVER  THE  PRECEDING  DECADE,  AS  DETERMINED  BY  THE
FIVE-YEAR  ESTIMATES  OF  THE  UNITED  STATES  CENSUS AMERICAN COMMUNITY
SURVEY, (B) A COUNTY WHICH HAS BEEN SUBJECT TO A COURT ORDER OR  GOVERN-
MENT  ENFORCEMENT  ACTION BASED UPON A FINDING OF A DISCRIMINATORY PRAC-
TICE, DENIAL OR ABRIDGMENT OF THE RIGHT TO  VOTE  OF  A  MEMBER  OF  THE
PROTECTED  CLASS  WITHIN  THE  PAST  TEN YEARS, OR (C) A COUNTY THAT WAS
PREVIOUSLY SUBJECT TO PRE-CLEARANCE UNDER SECTION 5 OF THE VOTING RIGHTS
ACT OF 1965 AND HAS NOT BEEN GRANTED A DECREE  GRANTING  EXEMPTION  FROM
SUCH  PRE-CLEARANCE  REQUIREMENTS, MUST SUBMIT SUCH CHANGES TO THE STATE
ATTORNEY GENERAL FOR APPROVAL. THIS  SECTION  SHALL  NOT  APPLY  TO  ANY
CHANGES MADE PURSUANT TO LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15852-01-6

A. 10712                            2

  3. THE SUBMISSION SEEKING PRE-CLEARANCE APPROVAL OF SUCH CHANGES SHALL
BE  MADE,  IN WRITING, TO THE CIVIL RIGHTS BUREAU OF THE ATTORNEY GENER-
AL'S OFFICE, WITH A COPY PROVIDED CONTEMPORANEOUSLY TO THE  STATE  BOARD
OF ELECTIONS IF MADE BY A COUNTY BOARD OF ELECTIONS. THE ATTORNEY GENER-
AL  SHALL,  BASED  ON  THE  CRITERIA  STATED  IN SUBDIVISION ONE OF THIS
SECTION, INDICATE OBJECTIONS OR APPROVAL OF SUCH SUBMISSION, IN WRITING,
WITHIN SIXTY DAYS FOLLOWING THE RECEIPT OF SUCH SUBMISSION.
  4. FOR PURPOSES OF THIS SECTION, "PROTECTED CLASS" SHALL MEAN A  CLASS
OF  VOTERS  WHO ARE MEMBERS OF A RACE, COLOR OR LANGUAGE MINORITY GROUP,
AS THIS CLASS IS REFERENCED AND DEFINED IN THE VOTING RIGHTS ACT OF 1965
(52 U.S.C. SEC. 10101 ET SEQ.).
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.