S T A T E O F N E W Y O R K
________________________________________________________________________
3420--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
Introduced by M. of A. WALKER, LIFTON, COOK, ORTIZ, LENTOL, JACOBSON,
CUSICK, BARRON, HYNDMAN, BLAKE, DE LA ROSA, BICHOTTE, D'URSO, PICHAR-
DO, PERRY, MOSLEY, RAMOS, GALEF, JEAN-PIERRE -- read once and referred
to the Committee on Election Law -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 7 to read as follows:
TITLE VII
PRE-CLEARANCE
SECTION 8-700. PRE-CLEARANCE.
§ 8-700. 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05534-05-9
A. 3420--A 2
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 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.