NY State Senate Bill 2017-S6164

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
May 11, 2017	referred to elections

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2017-S6164 (ACTIVE) - Details

See Assembly Version of this Bill:: A5925
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add Art 8 Title VI §8-600, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10712
2019-2020: S4032, A3420
2021-2022: S246, A4525
2023-2024: S3423

2017-S6164 (ACTIVE) - Summary

Relates to pre-clearance of voting-related regulations and policies.

2017-S6164 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6164

 TITLE OF BILL :

An act to amend the election law, in relation to pre-clearance of
voting-related regulations and policies

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that the right of citizens to
vote is not denied because of race, color or language.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new § 8-600 to the election law to
establish a pre clearance process wherein the implementation of any
changes relating qualifications for voting, prerequisites to voting or
any regulations, policies, practices, or procedures with regard to
voting in a county in which at least 10% of the population consists of
a protected class, or in a county which has been the subject of an
action related to discriminatory practice in the preceding 10 years,
or in a county that was previously subject to the pre clearance
process under section 5 of the Voting Rights Act, must first be
submitted to the Attorney General for review and approval.

 JUSTIFICATION :

In June 2013, the U.S Supreme Court, in Shelby County v. Holder held
that it is unconstitutional to use the coverage formula in Section
4(b) of the Voting Rights Act to determine which jurisdictions are
subject to the preclearance requirement of Section 5 of the Voting
Rights Act. The Supreme Court did not rule on the constitutionality of
Section 5 itself. The effect of the Shelby County decision is that the
jurisdictions identified by the coverage formula in Section 4(b) no
longer need to seek Pre-clearance for the new voting changes.  Section
5 of the Voting rights Act was enacted to stop changes in election
practices or procedures in covered jurisdictions until the new
procedures have been determined, either after administrative review by
the Attorney General, or after a lawsuit before the United States
District Court for the District of Columbia, to have neither a
discriminatory purpose nor effect. Section 5 was designed to ensure
that voting changes in covered jurisdictions could not be implemented
until a determination had been obtained. In order to protect and
ensure the rights of all voters and prevent the establishment or
implementation of discriminatory practices, this bill would establish
a "pre-clearance" process in which NYS counties meeting specific
criteria would have to clear requested voting policy changes with the
NYS Attorney General prior to implementation.

 PRIOR LEGISLATIVE HISTORY :

Passed Assembly in 2016

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S6164 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6164
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 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.
   §  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  GOVERNMENT
 ENFORCEMENT  ACTION  BASED  UPON A FINDING OF A DISCRIMINATORY PRACTICE,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06191-01-7

 S. 6164                             2
 
 PRE-CLEARANCE REQUIREMENTS, MUST SUBMIT SUCH CHANGES TO THE STATE ATTOR-
 NEY GENERAL FOR APPROVAL. THIS SECTION SHALL NOT APPLY  TO  ANY  CHANGES
 MADE PURSUANT TO LAW.
   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.).
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6164

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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co-Sponsors

2017-S6164 (ACTIVE) - Details

2017-S6164 (ACTIVE) - Summary

2017-S6164 (ACTIVE) - Sponsor Memo

2017-S6164 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

co-Sponsors

2017-S6164 (ACTIVE) - Details

2017-S6164 (ACTIVE) - Summary

2017-S6164 (ACTIVE) - Sponsor Memo

2017-S6164 (ACTIVE) - Bill Text download pdf

Comments