S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10841--A
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Walker,
   Dickens, Frontus, Perry, Cruz, Richardson, Reyes)  --  read  once  and
   referred  to  the  Committee  on Election Law -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the election law, in relation to establishing the John
   R. Lewis Voting Rights Act of New York, establishing rights of  action
   for  denying  or  abridging  of the right of any member of a protected
   class to vote, establishing and maintaining a  statewide  database  of
   voting  and  election  data, providing assistance to language-minority
   groups, requiring certain political subdivisions to receive  preclear-
   ance for potential violations of the NYVRA, and creating civil liabil-
   ity for voter intimidation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "John  R.
 Lewis Voting Rights Act of New York (NYVRA)".
   §  2. Sections 17-100 through 17-170 of article 17 of the election law
 are designated title 1 and a new title  heading  is  added  to  read  as
 follows:

                   VIOLATIONS OF THE ELECTIVE FRANCHISE
 
   §  3. The article heading of article 17 of the election law is amended
 to read as follows:
 
             [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
 
   § 4. Article 17 of the election law is amended by adding a new title 2
 to read as follows:
                                  TITLE 2
                JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY.
         17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14845-05-0

 A. 10841--A                         2
 
         17-204. DEFINITIONS.
         17-206. RIGHTS OF ACTION.
         17-208. MAINTENANCE OF VOTING AND ELECTION DATA.
         17-210. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS.
         17-212. PRECLEARANCE.
         17-214. CIVIL LIABILITY FOR VOTER INTIMIDATION.
         17-216. ATTORNEYS' FEES.
         17-218. APPLICABILITY.
         17-220. SEVERABILITY.
   § 17-200. LEGISLATIVE  PURPOSE  AND  STATEMENT  OF PUBLIC POLICY.   IN
 RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO  VOTE  PROVIDED  BY  THE
 CONSTITUTION  OF  THE  STATE OF NEW YORK, WHICH SUBSTANTIALLY EXCEED THE
 PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY THE  CONSTITUTION  OF  THE
 UNITED  STATES, AND IN CONJUNCTION WITH THE CONSTITUTIONAL GUARANTEES OF
 EQUAL PROTECTION, FREEDOM OF  EXPRESSION,  AND  FREEDOM  OF  ASSOCIATION
 UNDER THE LAW AND AGAINST THE DENIAL OR ABRIDGEMENT OF THE VOTING RIGHTS
 OF  MEMBERS  OF A RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP, IT IS THE
 PUBLIC POLICY OF THE STATE OF NEW YORK TO:
   1. ENCOURAGE PARTICIPATION IN THE ELECTIVE FRANCHISE BY  ALL  ELIGIBLE
 VOTERS TO THE MAXIMUM EXTENT; AND
   2.  ENSURE THAT ELIGIBLE VOTERS WHO ARE MEMBERS OF RACIAL, ETHNIC, AND
 LANGUAGE-MINORITY GROUPS SHALL HAVE AN EQUAL OPPORTUNITY TO  PARTICIPATE
 IN  THE  POLITICAL PROCESSES OF THE STATE OF NEW YORK, AND ESPECIALLY TO
 EXERCISE THE ELECTIVE FRANCHISE.
   § 17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE  FRANCHISE.    IN
 FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY
 THE CONSTITUTION OF THE STATE OF NEW YORK, STATUTES RELATED TO THE ELEC-
 TIVE  FRANCHISE  SHALL BE CONSTRUED LIBERALLY IN FAVOR OF PROTECTING THE
 RIGHT TO CAST AN EFFECTIVE BALLOT.
   § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   1. "AT-LARGE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS TO
 THE GOVERNING BODY OF A POLITICAL SUBDIVISION: (A) IN WHICH ALL  OF  THE
 VOTERS  OF THE ENTIRE POLITICAL SUBDIVISION ELECT EACH OF THE MEMBERS TO
 THE GOVERNING BODY; (B) IN WHICH THE CANDIDATES ARE REQUIRED  TO  RESIDE
 WITHIN GIVEN AREAS OF THE POLITICAL SUBDIVISION AND ALL OF THE VOTERS OF
 THE  ENTIRE  POLITICAL  SUBDIVISION  ELECT  EACH  OF  THE MEMBERS TO THE
 GOVERNING BODY; OR (C) THAT COMBINES AT-LARGE ELECTIONS  WITH  DISTRICT-
 BASED ELECTIONS, UNLESS THE ONLY MEMBER OF THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION ELECTED AT-LARGE HOLDS EXCLUSIVELY EXECUTIVE RESPONSI-
 BILITIES.  AT-LARGE  METHOD  OF  ELECTION DOES NOT INCLUDE RANKED-CHOICE
 VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   2. "DISTRICT-BASED" METHOD OF ELECTION  MEANS  A  METHOD  OF  ELECTING
 MEMBERS TO THE GOVERNING BODY OF A POLITICAL SUBDIVISION USING AN APPOR-
 TIONMENT  PLAN IN WHICH EACH MEMBER OF THE GOVERNING BODY RESIDES WITHIN
 A DISTRICT OR WARD THAT IS A DIVISIBLE PART OF THE POLITICAL SUBDIVISION
 AND IS ELECTED ONLY BY VOTERS RESIDING WITHIN  THAT  DISTRICT  OR  WARD,
 EXCEPT  FOR A MEMBER OF THE GOVERNING BODY THAT HOLDS EXCLUSIVELY EXECU-
 TIVE RESPONSIBILITIES.
   3. "ALTERNATIVE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS
 TO THE GOVERNING BODY OF A POLITICAL SUBDIVISION USING  A  METHOD  OTHER
 THAN  AT-LARGE OR DISTRICT-BASED, INCLUDING, BUT NOT LIMITED TO, RANKED-
 CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   4. "POLITICAL SUBDIVISION" MEANS A GEOGRAPHIC AREA  OF  REPRESENTATION
 CREATED  FOR  THE  PROVISION  OF GOVERNMENT SERVICES, INCLUDING, BUT NOT
 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER
 DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW.

 A. 10841--A                         3
 
   5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE  MEMBERS
 OF  A  RACE,  ETHNICITY,  OR  LANGUAGE-MINORITY GROUP, AS REFERENCED AND
 DEFINED IN THE FEDERAL VOTING RIGHTS ACT.
   6.  "RACIALLY  POLARIZED  VOTING"  MEANS  VOTING  IN  WHICH THERE IS A
 DIFFERENCE IN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY MEMBERS  IN
 A  PROTECTED  CLASS,  AND THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY
 THE REST OF THE  ELECTORATE.  THE  METHODOLOGIES  FOR  ESTIMATING  GROUP
 VOTING  BEHAVIOR  AS APPROVED IN APPLICABLE FEDERAL CASES TO ENFORCE THE
 FEDERAL VOTING RIGHTS ACT TO ESTABLISH RACIALLY POLARIZED VOTING MAY  BE
 USED  FOR PURPOSES OF THIS SUBDIVISION TO PROVE THAT ELECTIONS ARE CHAR-
 ACTERIZED BY RACIALLY POLARIZED VOTING, BUT  THOSE  METHODOLOGIES  SHALL
 NOT BE THE EXCLUSIVE MEANS OF PROVING RACIALLY POLARIZED VOTING.
   7.  "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT OF
 1965, 52 U.S.C. § 10301 ET SEQ.
   8. THE "CIVIL RIGHTS BUREAU" MEANS THE  CIVIL  RIGHTS  BUREAU  OF  THE
 OFFICE OF THE ATTORNEY GENERAL.
   § 17-206. RIGHTS   OF   ACTION.  1.  RIGHT  OF  ACTION  AGAINST  VOTER
 SUPPRESSION. (A) NO VOTING QUALIFICATION, PREREQUISITE TO  VOTING,  LAW,
 ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY SHALL BE
 ENACTED  OR  IMPLEMENTED BY ANY BOARD OF ELECTIONS OR POLITICAL SUBDIVI-
 SION IN A MANNER THAT RESULTS IN A DENIAL OR ABRIDGEMENT OF THE RIGHT OF
 ANY MEMBER OF A PROTECTED CLASS TO VOTE.
   (B) A VIOLATION IS ESTABLISHED  IF,  BASED  ON  THE  TOTALITY  OF  THE
 CIRCUMSTANCES,  MEMBERS  OF A PROTECTED CLASS HAVE LESS OPPORTUNITY THAN
 OTHER MEMBERS OF THE ELECTORATE TO PARTICIPATE IN THE POLITICAL  PROCESS
 OR  ELECT  CANDIDATES  OR  ELECTORAL CHOICES PREFERRED BY MEMBERS OF THE
 PROTECTED CLASS.
   (C) CIRCUMSTANCES THAT MAY BE CONSIDERED INCLUDE, BUT ARE NOT  LIMITED
 TO,  THE  EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS HAVE BEEN ELECTED
 TO OFFICE IN THE STATE OR POLITICAL SUBDIVISION AND THE EXTENT TO  WHICH
 MEMBERS  OF A PROTECTED CLASS IN THE STATE OR POLITICAL SUBDIVISION VOTE
 AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTORATE.
   (D) FOR POLITICAL SUBDIVISIONS WHERE EITHER  THE  PRIMARY  OR  GENERAL
 ELECTION  IS  HELD  ON A DATE THAT IS NOT CONCURRENT WITH THE PRIMARY OR
 GENERAL ELECTION DATES FOR STATE, COUNTY, OR CITY OFFICE AS  ESTABLISHED
 IN  SECTION  EIGHT OF ARTICLE THREE OR SECTION EIGHT OF ARTICLE THIRTEEN
 OF THE CONSTITUTION, AND IN STATE LAW, THERE SHALL BE A PRESUMPTION THAT
 THE DATE OF ELECTION RESULTS IN THE DENIAL OR ABRIDGEMENT OF  THE  RIGHT
 TO  VOTE WHERE FOR THREE CONSECUTIVE GENERAL ELECTIONS IN WHICH THERE IS
 AT LEAST ONE CONTESTED RACE FOR AN OFFICE, THE NUMBER OF  ACTUAL  VOTERS
 IN EACH CONTESTED ELECTION IS LESS THAN TWENTY-FIVE PERCENT OF THE TOTAL
 NUMBER  OF VOTES CAST IN THE MOST RECENT GENERAL ELECTION FOR THE PRESI-
 DENCY OF THE UNITED STATES BY VOTERS IN THE POLITICAL SUBDIVISION, OR IN
 WHICH, FOR ANY PROTECTED CLASS CONSISTING OF AT LEAST TWENTY-FIVE  THOU-
 SAND  CITIZENS  OF  VOTING  AGE  OR  WHOSE MEMBERS COMPRISE AT LEAST TEN
 PERCENT OF THE CITIZEN VOTING AGE POPULATION, THE PERCENT OF MEMBERS  OF
 THAT  PROTECTED  CLASS  THAT  ARE  ACTUAL VOTERS IS AT LEAST TWENTY-FIVE
 PERCENT LOWER THAN THE PERCENT OF CITIZENS OF VOTING AGE  THAT  ARE  NOT
 MEMBERS OF THAT PROTECTED CLASS THAT ARE ACTUAL VOTERS.
   2.  RIGHT  OF  ACTION AGAINST VOTE DILUTION. (A) A METHOD OF ELECTION,
 INCLUDING AT-LARGE, DISTRICT-BASED, OR ALTERNATIVE, SHALL NOT  HAVE  THE
 EFFECT OF IMPAIRING THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT
 CANDIDATES  OF  THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS, AS A
 RESULT OF THE DILUTION OR THE ABRIDGMENT OF THE RIGHTS OF MEMBERS OF THE
 PROTECTED CLASS.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:

 A. 10841--A                         4
 
   (I) ESTABLISHED IF A POLITICAL SUBDIVISION USES AN AT-LARGE METHOD  OF
 ELECTION  AND IT IS SHOWN THAT EITHER: (A) VOTING PATTERNS OF MEMBERS OF
 THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLAR-
 IZED; OR (B) UNDER THE TOTALITY OF THE  CIRCUMSTANCES,  THE  ABILITY  OF
 MEMBERS  OF  THE  PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR
 INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED.
   (II) ESTABLISHED IF A POLITICAL SUBDIVISION USES A  DISTRICT-BASED  OR
 ALTERNATIVE  METHOD OF ELECTION AND IT IS SHOWN THAT CANDIDATES OR ELEC-
 TORAL CHOICES PREFERRED BY MEMBERS OF THE PROTECTED CLASS WOULD  USUALLY
 BE DEFEATED, AND EITHER: (A) VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS  WITHIN  THE  POLITICAL SUBDIVISION ARE RACIALLY POLARIZED; OR (B)
 UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS  OF  THE
 PROTECTED  CLASS  TO  ELECT  CANDIDATES OF THEIR CHOICE OR INFLUENCE THE
 OUTCOME OF ELECTIONS IS IMPAIRED.
   (III) PRESUMPTIVELY ESTABLISHED IF IT  IS  SHOWN  THAT  THE  POLITICAL
 SUBDIVISION USED RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP, OR ANOTHER
 CHARACTERISTIC  THAT SERVES AS A PROXY FOR RACE, ETHNICITY, OR LANGUAGE-
 MINORITY GROUP, FOR THE PURPOSE OF APPORTIONMENT. A  POLITICAL  SUBDIVI-
 SION  SHALL ONLY REBUT THIS PRESUMPTION BY SHOWING THAT RACE, ETHNICITY,
 OR LANGUAGE-MINORITY GROUP, OR ANOTHER CHARACTERISTIC THAT SERVES  AS  A
 PROXY  FOR  RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP, WAS USED TO THE
 EXTENT NECESSARY TO COMPLY WITH THIS TITLE, THE  FEDERAL  VOTING  RIGHTS
 ACT, THE CONSTITUTION, OR THE CONSTITUTION OF THE UNITED STATES.
   (C)  IN  ASSESSING WHETHER VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLARIZED OR WHETHER
 CANDIDATES OR ELECTORAL CHOICES PREFERRED BY MEMBERS  OF  THE  PROTECTED
 CLASS  WOULD  USUALLY BE DEFEATED:  (I) ELECTIONS CONDUCTED PRIOR TO THE
 FILING OF AN ACTION PURSUANT TO THIS SUBDIVISION ARE MORE PROBATIVE THAN
 ELECTIONS CONDUCTED AFTER  THE  FILING  OF  THE  ACTION;  (II)  EVIDENCE
 CONCERNING  ELECTIONS FOR MEMBERS OF THE GOVERNING BODY OF THE POLITICAL
 SUBDIVISION ARE MORE PROBATIVE THAN EVIDENCE CONCERNING OTHER ELECTIONS;
 (III)  STATISTICAL  EVIDENCE  IS  MORE  PROBATIVE  THAN  NON-STATISTICAL
 EVIDENCE;  (IV)  WHERE  THERE  IS  EVIDENCE THAT MORE THAN ONE PROTECTED
 CLASS OF ELIGIBLE VOTERS  ARE  POLITICALLY  COHESIVE  IN  THE  POLITICAL
 SUBDIVISION, MEMBERS OF EACH OF THOSE PROTECTED CLASSES MAY BE COMBINED;
 (V)  EVIDENCE  CONCERNING  THE INTENT ON THE PART OF THE VOTERS, ELECTED
 OFFICIALS, OR  THE  POLITICAL  SUBDIVISION  TO  DISCRIMINATE  AGAINST  A
 PROTECTED  CLASS IS NOT REQUIRED; (VI) EVIDENCE THAT VOTING PATTERNS AND
 ELECTION OUTCOMES COULD BE EXPLAINED  BY  FACTORS  OTHER  THAN  RACIALLY
 POLARIZED  VOTING,  INCLUDING BUT NOT LIMITED TO PARTISANSHIP, SHALL NOT
 BE CONSIDERED; (VII) EVIDENCE THAT SUB-GROUPS WITHIN A  PROTECTED  CLASS
 HAVE  DIFFERENT VOTING PATTERNS SHALL NOT BE CONSIDERED; (VIII) EVIDENCE
 CONCERNING WHETHER MEMBERS  OF  A  PROTECTED  CLASS  ARE  GEOGRAPHICALLY
 COMPACT  OR CONCENTRATED SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR IN
 DETERMINING AN APPROPRIATE REMEDY; AND (IX) EVIDENCE CONCERNING PROJECT-
 ED CHANGES IN POPULATION OR DEMOGRAPHICS SHALL NOT  BE  CONSIDERED,  BUT
 MAY BE A FACTOR, IN DETERMINING AN APPROPRIATE REMEDY.
   (D) IN ASSESSING WHETHER, UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE
 ABILITY  OF  MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF THEIR
 CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED,  FACTORS  THAT
 MAY  BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE HISTORY
 OF DISCRIMINATION IN THE POLITICAL SUBDIVISION,  GEOGRAPHIC  REGION,  OR
 THE  STATE; (II) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE
 BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVISION; (III)  THE  USE  OF
 ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAND-
 ARD,  PRACTICE,  PROCEDURE,  REGULATION,  OR POLICY THAT MAY ENHANCE THE

 A. 10841--A                         5
 
 DILUTIVE EFFECTS OF THE ELECTION SCHEME; (IV) DENIAL OF ACCESS OF EITHER
 ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE PROTECTED CLASS  TO
 THOSE  PROCESSES  DETERMINING  WHICH  GROUPS  OF CANDIDATES WILL RECEIVE
 ACCESS  TO  THE  BALLOT,  FINANCIAL SUPPORT, OR OTHER SUPPORT IN A GIVEN
 ELECTION; (V) THE  EXTENT  TO  WHICH  MEMBERS  OF  THE  PROTECTED  CLASS
 CONTRIBUTE  TO  POLITICAL  CAMPAIGNS  AT LOWER RATES; (VI) THE EXTENT TO
 WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLITICAL SUBDIVISION
 VOTE AT LOWER RATES THAN OTHER MEMBERS  OF  THE  ELECTORATE;  (VII)  THE
 EXTENT  TO  WHICH  MEMBERS  OF  THE PROTECTED CLASS ARE DISADVANTAGED IN
 AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMI-
 NAL JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (VIII)  THE
 EXTENT  TO  WHICH  MEMBERS  OF  THE PROTECTED CLASS ARE DISADVANTAGED IN
 OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTICIPATE EFFECTIVELY IN
 THE POLITICAL PROCESS; (IX) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN
 POLITICAL CAMPAIGNS; (X) A SIGNIFICANT LACK  OF  RESPONSIVENESS  ON  THE
 PART  OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF THE
 PROTECTED CLASS; AND  (XI)  WHETHER  THE  POLITICAL  SUBDIVISION  HAS  A
 COMPELLING  POLICY  JUSTIFICATION FOR ADOPTING OR MAINTAINING THE METHOD
 OF ELECTION. NO FACTOR IS DISPOSITIVE  OR  NECESSARY  TO  ESTABLISH  THE
 EXISTENCE  OF  RACIALLY  POLARIZED  VOTING.  EVIDENCE  OF  THESE FACTORS
 CONCERNING THE STATE, PRIVATE ACTORS, OR OTHER POLITICAL SUBDIVISIONS IN
 THE GEOGRAPHIC REGION MAY BE  CONSIDERED  BUT  IS  LESS  PROBATIVE  THAN
 EVIDENCE CONCERNING THE POLITICAL SUBDIVISION ITSELF.
   3.  STANDING.  ANY  AGGRIEVED  PERSON,  ORGANIZATION  WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE POLITICAL SUBDIVISION IS LOCATED.
   4. REMEDIES. (A) UPON A FINDING OF A VIOLATION  OF  ANY  PROVISION  OF
 THIS  SECTION,  THE  COURT SHALL IMPLEMENT APPROPRIATE REMEDIES THAT ARE
 TAILORED TO REMEDY THE VIOLATION. REMEDIES MAY INCLUDE, BUT SHALL NOT BE
 LIMITED TO:
   (I) A DISTRICT-BASED METHOD OF ELECTION;
   (II) AN ALTERNATIVE METHOD OF ELECTION;
   (III) NEW OR REVISED APPORTIONMENT PLANS;
   (IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT  ALL  MEMBERS  OF  THE
 GOVERNING BODY ARE ELECTED ON THE SAME DATE;
   (V) INCREASING THE SIZE OF THE GOVERNING BODY;
   (VI)  MOVING  THE DATES OF ELECTIONS TO BE CONCURRENT WITH THE PRIMARY
 OR GENERAL ELECTION DATES FOR STATE, COUNTY, OR CITY  OFFICE  AS  ESTAB-
 LISHED  IN  SECTION  EIGHT  OF ARTICLE THREE OR SECTION EIGHT OF ARTICLE
 THIRTEEN OF THE CONSTITUTION;
   (VII) ADDITIONAL VOTING HOURS OR DAYS;
   (VIII) ADDITIONAL POLLING LOCATIONS;
   (IX) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL;
   (X) ORDERING OF SPECIAL ELECTIONS;
   (XI) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION;
   (XII) REQUIRING ADDITIONAL VOTER EDUCATION;
   (XIII) MODIFYING THE ELECTION CALENDAR; OR
   (XIV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS.
   (B) THE COURT SHALL ONLY ADOPT A REMEDY THAT  WILL  NOT  DIMINISH  THE
 ABILITY  OF  MINORITY GROUPS TO PARTICIPATE IN THE POLITICAL PROCESS AND
 TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.  THE COURT SHALL CONSIDER
 PROPOSED REMEDIES BY ANY PARTIES AND INTERESTED NON-PARTIES,  AND  SHALL

 A. 10841--A                         6
 
 NOT  PROVIDE  DEFERENCE  OR  PRIORITY TO A PROPOSED REMEDY BECAUSE IT IS
 PROPOSED BY THE  POLITICAL  SUBDIVISION.  THIS  TITLE  GIVES  THE  COURT
 AUTHORITY  TO  IMPLEMENT REMEDIES NOTWITHSTANDING ANY OTHER PROVISION OF
 STATE OR LOCAL LAW.
   5. PROCEDURES FOR IMPLEMENTING NEW OR REVISED APPORTIONMENT PLANS. THE
 GOVERNING  BODY OF A POLITICAL SUBDIVISION WITH THE AUTHORITY UNDER THIS
 TITLE AND ALL APPLICABLE STATE AND LOCAL LAWS TO ENACT AND  IMPLEMENT  A
 NEW  METHOD  OF  ELECTION  THAT WILL REPLACE THE POLITICAL SUBDIVISION'S
 AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR ALTERNATIVE  METHOD
 OF  ELECTION,  OR  ENACT  AND  IMPLEMENT A NEW APPORTIONMENT PLAN, SHALL
 UNDERTAKE EACH OF THE STEPS ENUMERATED IN THIS SUBDIVISION, IF  PROPOSED
 SUBSEQUENT  TO  RECEIPT  OF  A  NYVRA NOTIFICATION LETTER, AS DEFINED IN
 SUBDIVISION SIX OF THIS SECTION, OR THE FILING OF A  CLAIM  PURSUANT  TO
 THIS TITLE OR THE FEDERAL VOTING RIGHTS ACT.
   (A) BEFORE DRAWING A DRAFT APPORTIONMENT PLAN OR PLANS OF THE PROPOSED
 BOUNDARIES  OF  THE  DISTRICTS,  THE POLITICAL SUBDIVISION SHALL HOLD AT
 LEAST TWO PUBLIC HEARINGS OVER A PERIOD OF NO MORE THAN THIRTY DAYS,  AT
 WHICH  THE  PUBLIC IS INVITED TO PROVIDE INPUT REGARDING THE COMPOSITION
 OF THE DISTRICTS. BEFORE THESE HEARINGS, THE POLITICAL  SUBDIVISION  MAY
 CONDUCT OUTREACH TO THE PUBLIC, INCLUDING TO NON-ENGLISH-SPEAKING COMMU-
 NITIES,  TO  EXPLAIN  THE  APPORTIONMENT PROCESS AND TO ENCOURAGE PUBLIC
 PARTICIPATION.
   (B) AFTER ALL DRAFT  APPORTIONMENT  PLANS  ARE  DRAWN,  THE  POLITICAL
 SUBDIVISION  SHALL  PUBLISH  AND MAKE AVAILABLE FOR RELEASE AT LEAST ONE
 DRAFT APPORTIONMENT PLAN AND, IF MEMBERS OF THE GOVERNING  BODY  OF  THE
 POLITICAL  SUBDIVISION  WILL  BE ELECTED IN THEIR DISTRICTS AT DIFFERENT
 TIMES TO PROVIDE FOR STAGGERED TERMS OF OFFICE, THE  POTENTIAL  SEQUENCE
 OF THE ELECTIONS. THE POLITICAL SUBDIVISION SHALL ALSO HOLD AT LEAST TWO
 ADDITIONAL  HEARINGS  OVER  A PERIOD OF NO MORE THAN FORTY-FIVE DAYS, AT
 WHICH THE PUBLIC IS INVITED TO PROVIDE INPUT REGARDING  THE  CONTENT  OF
 THE  DRAFT  APPORTIONMENT  PLAN  OR  PLANS  AND THE PROPOSED SEQUENCE OF
 ELECTIONS, IF APPLICABLE.  THE DRAFT APPORTIONMENT PLAN OR  PLANS  SHALL
 BE  PUBLISHED  AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF
 THE DRAFT APPORTIONMENT PLAN OR PLANS ARE  REVISED  AT  OR  FOLLOWING  A
 HEARING,  THE  REVISED VERSIONS SHALL BE PUBLISHED AND MADE AVAILABLE TO
 THE PUBLIC FOR AT LEAST SEVEN DAYS BEFORE BEING ADOPTED.
   (C) IN DETERMINING  THE  FINAL  SEQUENCE  OF  THE  DISTRICT  ELECTIONS
 CONDUCTED  IN  A POLITICAL SUBDIVISION IN WHICH MEMBERS OF THE GOVERNING
 BODY WILL BE ELECTED AT DIFFERENT TIMES TO PROVIDE FOR  STAGGERED  TERMS
 OF  OFFICE,  THE  GOVERNING BODY SHALL GIVE SPECIAL CONSIDERATION TO THE
 PURPOSES OF THIS TITLE, AND IT SHALL TAKE INTO ACCOUNT  THE  PREFERENCES
 EXPRESSED BY MEMBERS OF THE DISTRICTS.
   6.  NOTIFICATION  REQUIREMENT  AND  SAFE  HARBOR FOR JUDICIAL ACTIONS.
 BEFORE COMMENCING A JUDICIAL  ACTION  AGAINST  A  POLITICAL  SUBDIVISION
 UNDER THIS SECTION, A PROSPECTIVE PLAINTIFF SHALL SEND BY CERTIFIED MAIL
 A  WRITTEN  NOTICE TO THE CLERK OF THE POLITICAL SUBDIVISION, OR, IF THE
 POLITICAL SUBDIVISION DOES NOT HAVE A CLERK, THE GOVERNING BODY  OF  THE
 POLITICAL  SUBDIVISION,  AGAINST  WHICH  THE  ACTION  WOULD  BE BROUGHT,
 ASSERTING THAT THE POLITICAL SUBDIVISION MAY BE  IN  VIOLATION  OF  THIS
 TITLE. THIS WRITTEN NOTICE SHALL BE REFERRED TO AS A "NYVRA NOTIFICATION
 LETTER"  IN  THIS  TITLE.  FOR  ACTIONS AGAINST A SCHOOL DISTRICT OR ANY
 OTHER POLITICAL SUBDIVISION THAT HOLDS ELECTIONS GOVERNED BY THE  EDUCA-
 TION  LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A
 COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION.

 A. 10841--A                         7
 
   (A) A PROSPECTIVE PLAINTIFF  SHALL  NOT  COMMENCE  A  JUDICIAL  ACTION
 AGAINST  A POLITICAL SUBDIVISION UNDER THIS SECTION WITHIN FIFTY DAYS OF
 SENDING TO THE POLITICAL SUBDIVISION A NYVRA NOTIFICATION LETTER.
   (B) BEFORE RECEIVING A NYVRA NOTIFICATION LETTER, OR WITHIN FIFTY DAYS
 OF MAILING OF A NYVRA NOTIFICATION LETTER, THE GOVERNING BODY OF A POLI-
 TICAL  SUBDIVISION  MAY  PASS  A RESOLUTION AFFIRMING: (I) THE POLITICAL
 SUBDIVISION'S INTENTION TO ENACT AND IMPLEMENT A REMEDY FOR A  POTENTIAL
 VIOLATION OF THIS TITLE; (II) SPECIFIC STEPS IT WILL UNDERTAKE TO FACIL-
 ITATE APPROVAL AND IMPLEMENTATION OF SUCH A REMEDY; AND (III) A SCHEDULE
 FOR  ENACTING AND IMPLEMENTING SUCH A REMEDY. SUCH A RESOLUTION SHALL BE
 REFERRED TO AS A "NYVRA RESOLUTION" IN THIS TITLE. IF A POLITICAL SUBDI-
 VISION PASSES A NYVRA RESOLUTION,  A  PROSPECTIVE  PLAINTIFF  SHALL  NOT
 COMMENCE  AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL SUBDI-
 VISION WITHIN NINETY DAYS  OF  THE  RESOLUTION'S  PASSAGE.  FOR  ACTIONS
 AGAINST  A  SCHOOL DISTRICT, THE COMMISSIONER OF EDUCATION MAY ORDER THE
 ENACTMENT OF AN NYVRA RESOLUTION PURSUANT TO THE COMMISSIONER'S AUTHORI-
 TY UNDER SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.
   (C) IF THE GOVERNING BODY OF A POLITICAL SUBDIVISION LACKS THE AUTHOR-
 ITY UNDER THIS TITLE OR APPLICABLE STATE LAW OR LOCAL LAWS TO  ENACT  OR
 IMPLEMENT  A  REMEDY IDENTIFIED IN A NYVRA RESOLUTION WITHIN NINETY DAYS
 AFTER THE PASSAGE OF THE NYVRA RESOLUTION, OR IF THE POLITICAL  SUBDIVI-
 SION  IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF THIS TITLE,
 THE GOVERNING BODY OF THE POLITICAL SUBDIVISION MAY UNDERTAKE THE  STEPS
 ENUMERATED  IN  THE  FOLLOWING PROVISIONS UPON PASSAGE OF A NYVRA RESOL-
 UTION:
   (I) THE GOVERNING BODY OF THE  POLITICAL  SUBDIVISION  MAY  APPROVE  A
 PROPOSED REMEDY THAT COMPLIES WITH THIS TITLE AND SUBMIT SUCH A PROPOSED
 REMEDY  TO THE CIVIL RIGHTS BUREAU.  SUCH A SUBMISSION SHALL BE REFERRED
 TO AS A "NYVRA PROPOSAL" IN THIS TITLE.
   (II) PRIOR TO PASSING A  NYVRA  PROPOSAL,  THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT LEAST ONE PUBLIC HEARING, AT WHICH THE PUBLIC IS INVITED
 TO PROVIDE INPUT REGARDING THE NYVRA PROPOSAL.  BEFORE THIS HEARING, THE
 POLITICAL SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC,  INCLUDING  TO
 NON-ENGLISH-SPEAKING COMMUNITIES, TO ENCOURAGE PUBLIC PARTICIPATION.
   (III)  WITHIN  SIXTY  DAYS  OF  RECEIPT OF A NYVRA PROPOSAL, THE CIVIL
 RIGHTS BUREAU SHALL EITHER GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL.
   (IV) THE CIVIL RIGHTS BUREAU SHALL ONLY GRANT APPROVAL  TO  THE  NYVRA
 PROPOSAL  IF  IT CONCLUDES THAT: (A) THE POLITICAL SUBDIVISION MAY BE IN
 VIOLATION OF THIS TITLE; (B) THE NYVRA PROPOSAL WOULD REMEDY ANY  POTEN-
 TIAL  VIOLATION  OF  THIS  TITLE;  (C) THE NYVRA PROPOSAL IS UNLIKELY TO
 VIOLATE THE CONSTITUTION OR ANY FEDERAL LAW; (D) THE NYVRA PROPOSAL WILL
 NOT DIMINISH THE ABILITY OF MINORITY GROUPS TO PARTICIPATE IN THE  POLI-
 TICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND (E)
 IMPLEMENTATION  OF  THE  NYVRA  PROPOSAL  IS  FEASIBLE. THE CIVIL RIGHTS
 BUREAU MAY GRANT APPROVAL TO  THE  NYVRA  PROPOSAL  NOTWITHSTANDING  ANY
 OTHER PROVISION OF STATE OR LOCAL LAW.
   (V)  IF  THE  CIVIL  RIGHTS BUREAU GRANTS APPROVAL, THE NYVRA PROPOSAL
 SHALL BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY  OTHER
 PROVISION  OF  STATE  OR  LOCAL  LAW.  IF THE POLITICAL SUBDIVISION IS A
 COVERED ENTITY AS DEFINED UNDER SECTION  17-212  OF  THIS  TITLE,  THERE
 SHALL  BE NO NEED FOR THE POLITICAL SUBDIVISION TO ALSO OBTAIN PRECLEAR-
 ANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH SECTION.
   (VI) IF THE CIVIL RIGHTS BUREAU DENIES APPROVAL,  THE  NYVRA  PROPOSAL
 SHALL NOT BE ENACTED OR IMPLEMENTED. THE CIVIL RIGHTS BUREAU MAY, IN ITS
 DISCRETION, INTERPOSE OBJECTIONS EXPLAINING ITS BASIS OR INDICATE ANOTH-
 ER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL.

 A. 10841--A                         8
 
   (VII)  IF THE CIVIL RIGHTS BUREAU DOES NOT RESPOND, THE NYVRA PROPOSAL
 SHALL NOT BE ENACTED OR IMPLEMENTED.
   (D)  A  POLITICAL  SUBDIVISION  THAT HAS PASSED A NYVRA RESOLUTION MAY
 ENTER INTO AN AGREEMENT WITH A PROSPECTIVE PLAINTIFF WHO SENDS  A  NYVRA
 NOTIFICATION  LETTER  PROVIDING  THAT SUCH A PROSPECTIVE PLAINTIFF SHALL
 NOT COMMENCE AN ACTION TO ENFORCE THIS  SECTION  AGAINST  THE  POLITICAL
 SUBDIVISION FOR AN ADDITIONAL NINETY DAYS. THIS WRITTEN AGREEMENT MAY BE
 REFERRED TO AS A "NYVRA EXTENSION AGREEMENT". THE NYVRA EXTENSION AGREE-
 MENT  SHALL  INCLUDE A REQUIREMENT THAT EITHER THE POLITICAL SUBDIVISION
 SHALL ENACT AND IMPLEMENT A REMEDY THAT COMPLIES WITH THIS TITLE OR  THE
 POLITICAL  SUBDIVISION  SHALL PASS A NYVRA PROPOSAL AND SUBMIT IT TO THE
 CIVIL RIGHTS BUREAU.
   (E) IF, PURSUANT TO  A  PROCESS  COMMENCED  BY  A  NYVRA  NOTIFICATION
 LETTER,  A  POLITICAL  SUBDIVISION  ENACTS OR IMPLEMENTS A REMEDY OR THE
 CIVIL RIGHTS BUREAU GRANTS APPROVAL TO A NYVRA PROPOSAL,  A  PROSPECTIVE
 PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER MAY, WITHIN THIRTY DAYS
 OF  THE  ENACTMENT  OR  IMPLEMENTATION  OF THE REMEDY OR APPROVAL OF THE
 NYVRA PROPOSAL, DEMAND REIMBURSEMENT FOR THE COST OF  THE  WORK  PRODUCT
 GENERATED TO SUPPORT THE NYVRA NOTIFICATION LETTER. A PROSPECTIVE PLAIN-
 TIFF  SHALL MAKE THE DEMAND IN WRITING AND SHALL SUBSTANTIATE THE DEMAND
 WITH FINANCIAL DOCUMENTATION, SUCH AS A DETAILED INVOICE FOR  DEMOGRAPHY
 SERVICES  OR FOR THE ANALYSIS OF VOTING PATTERNS IN THE POLITICAL SUBDI-
 VISION. A POLITICAL SUBDIVISION MAY REQUEST ADDITIONAL DOCUMENTATION  IF
 THE  PROVIDED  DOCUMENTATION  IS INSUFFICIENT TO CORROBORATE THE CLAIMED
 COSTS. A POLITICAL SUBDIVISION SHALL REIMBURSE A  PROSPECTIVE  PLAINTIFF
 FOR REASONABLE COSTS CLAIMED, OR IN AN AMOUNT TO WHICH THE PARTIES MUTU-
 ALLY  AGREE,  WITHIN  FORTY-FIVE  DAYS  OF RECEIVING THE WRITTEN DEMAND,
 EXCEPT THAT IF MORE  THAN  ONE  PROSPECTIVE  PLAINTIFF  IS  ENTITLED  TO
 REIMBURSEMENT, THE POLITICAL SUBDIVISION SHALL REIMBURSE THE PROSPECTIVE
 PLAINTIFFS  IN  THE  ORDER IN WHICH THEY SENT NYVRA NOTIFICATION LETTERS
 AND THE FORTY-FIVE DAY TIME PERIOD DESCRIBED HEREIN SHALL APPLY ONLY  TO
 REIMBURSEMENT  OF  THE  FIRST  PROSPECTIVE  PLAINTIFF WHO SENT A WRITTEN
 NOTICE. THE CUMULATIVE  AMOUNT  OF  REIMBURSEMENTS  TO  ALL  PROSPECTIVE
 PLAINTIFFS,  EXCEPT  FOR  ACTIONS BROUGHT BY THE ATTORNEY GENERAL, SHALL
 NOT EXCEED FORTY-THREE THOUSAND DOLLARS, AS  ADJUSTED  ANNUALLY  TO  THE
 CONSUMER  PRICE  INDEX FOR ALL URBAN CONSUMERS, UNITED STATES CITY AVER-
 AGE, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
   (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IF  THE  FIRST
 DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVISION'S NEXT REGULAR
 ELECTION TO SELECT MEMBERS OF ITS GOVERNING BOARD HAS BEGUN OR IS SCHED-
 ULED TO BEGIN WITHIN THIRTY DAYS, OR IF A POLITICAL SUBDIVISION IS SCHE-
 DULED  TO  CONDUCT ANY ELECTION WITHIN ONE HUNDRED TWENTY DAYS, A PLAIN-
 TIFF ALLEGING THAT THE MODE OF ELECTION OR APPORTIONMENT PLAN IN  EFFECT
 FOR THAT ELECTION WILL VIOLATE THIS TITLE MAY COMMENCE A JUDICIAL ACTION
 AGAINST  A  POLITICAL  SUBDIVISION UNDER THIS SECTION, PROVIDED THAT THE
 RELIEF SOUGHT BY SUCH A PLAINTIFF INCLUDES PRELIMINARY RELIEF  FOR  THAT
 ELECTION. PRIOR TO OR CONCURRENT WITH COMMENCING SUCH A JUDICIAL ACTION,
 ANY  SUCH PLAINTIFF SHALL ALSO SUBMIT A NYVRA NOTIFICATION LETTER TO THE
 POLITICAL  SUBDIVISION.  IF  A  JUDICIAL  ACTION  COMMENCED  UNDER  THIS
 PROVISION  IS  WITHDRAWN OR DISMISSED FOR MOOTNESS BECAUSE THE POLITICAL
 SUBDIVISION HAS ENACTED OR IMPLEMENTED A  REMEDY  OR  THE  CIVIL  RIGHTS
 BUREAU  HAS  GRANTED  APPROVAL OF A NYVRA PROPOSAL PURSUANT TO A PROCESS
 COMMENCED BY A NYVRA NOTIFICATION LETTER, ANY SUCH  PLAINTIFF  MAY  ONLY
 DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION.
   7.  EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF.  BECAUSE OF
 THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRREPARABLE HARM

 A. 10841--A                         9
 
 OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE  EXPENDITURE  TO
 DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS,
 ACTIONS  BROUGHT  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE.  IN  ANY  ACTION  ALLEGING  A VIOLATION OF THIS SECTION IN WHICH A
 PLAINTIFF PARTY SEEKS PRELIMINARY RELIEF WITH  RESPECT  TO  AN  UPCOMING
 ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES THAT: (A) PLAIN-
 TIFFS  ARE  MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS; AND (B) IT IS
 POSSIBLE TO IMPLEMENT AN  APPROPRIATE  REMEDY  THAT  WOULD  RESOLVE  THE
 ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   §  17-208.  MAINTENANCE OF VOTING AND ELECTION DATA. 1.  ESTABLISHMENT
 OF A STATEWIDE DATABASE. THERE SHALL BE  ESTABLISHED  WITHIN  THE  STATE
 UNIVERSITY  OF NEW YORK A REPOSITORY OF THE DATA NECESSARY TO ASSIST THE
 STATE AND ALL POLITICAL SUBDIVISIONS WITH EVALUATING WHETHER AND TO WHAT
 EXTENT EXISTING LAWS AND PRACTICES WITH RESPECT TO VOTING AND  ELECTIONS
 ARE  CONSISTENT  WITH  THE PUBLIC POLICY EXPRESSED IN THIS TITLE, IMPLE-
 MENTING BEST PRACTICES IN VOTING AND ELECTIONS TO ACHIEVE  THE  PURPOSES
 OF THIS TITLE, AND TO INVESTIGATE POTENTIAL INFRINGEMENTS UPON THE RIGHT
 TO  VOTE.  THIS  REPOSITORY SHALL BE REFERRED TO AS THE "STATEWIDE DATA-
 BASE" IN THIS TITLE.
   2. DIRECTOR OF THE STATEWIDE DATABASE. THE OPERATION OF THE  STATEWIDE
 DATABASE  SHALL  BE  THE RESPONSIBILITY OF THE DIRECTOR OF THE STATEWIDE
 DATABASE, HEREINAFTER REFERRED TO IN THIS TITLE AS THE  "DIRECTOR",  WHO
 SHALL  BE  A  MEMBER  OF THE FACULTY OF THE STATE UNIVERSITY OF NEW YORK
 WITH DOCTORAL-LEVEL EXPERTISE IN DEMOGRAPHY, STATISTICAL  ANALYSIS,  AND
 ELECTORAL SYSTEMS.  THE DIRECTOR SHALL BE APPOINTED BY THE GOVERNOR.
   3.  STATEWIDE DATABASE STAFF. THE DIRECTOR SHALL APPOINT SUCH STAFF AS
 ARE NECESSARY TO IMPLEMENT AND MAINTAIN THE STATEWIDE DATABASE.
   4. DATA, INFORMATION, AND ESTIMATES MAINTAINED. THE STATEWIDE DATABASE
 SHALL MAINTAIN IN ELECTRONIC FORMAT AT  LEAST  THE  FOLLOWING  DATA  AND
 RECORDS FOR AT LEAST THE PREVIOUS TWELVE YEAR PERIOD:
   (A)  ESTIMATES  OF  THE  TOTAL  POPULATION, VOTING AGE POPULATION, AND
 CITIZEN VOTING AGE POPULATION BY RACE, ETHNICITY, AND  LANGUAGE-MINORITY
 GROUP,  BROKEN  DOWN  TO  THE  ELECTION DISTRICT LEVEL ON A YEAR-BY-YEAR
 BASIS FOR EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON  DATA  FROM
 THE  UNITED  STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF
 COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
   (B) ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR  EVERY  STATE-
 WIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (C)  CONTEMPORANEOUS  VOTER  REGISTRATION  LISTS, VOTER HISTORY FILES,
 ELECTION DAY POLL SITE LOCATIONS, AND EARLY VOTING SITE  LOCATIONS,  FOR
 EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (D)  CONTEMPORANEOUS  MAPS, DESCRIPTIONS OF BOUNDARIES, AND SHAPEFILES
 FOR ELECTION DISTRICTS.
   (E) ELECTION DAY OR EARLY VOTING POLL SITES INCLUDING, BUT NOT LIMITED
 TO, LISTS OF ELECTION DISTRICTS  ASSIGNED  TO  EACH  POLLING  PLACE,  IF
 APPLICABLE.
   (F) APPORTIONMENT PLANS FOR EVERY ELECTION IN EVERY POLITICAL SUBDIVI-
 SION.
   (G)  ANY  OTHER  DATA THAT THE DIRECTOR DEEMS ADVISABLE TO MAINTAIN IN
 FURTHERANCE OF THE PURPOSES OF THIS TITLE.
   5. PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA,  INFORMATION,  OR
 ESTIMATES  THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION, AND
 ESTIMATES MAINTAINED BY THE STATEWIDE DATABASE SHALL  BE  POSTED  ONLINE
 AND MADE AVAILABLE TO THE PUBLIC AT NO COST.

 A. 10841--A                        10
 
   6.  DATA  ON RACE, ETHNICITY, AND LANGUAGE-MINORITY GROUPS. THE STATE-
 WIDE DATABASE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS  SECTION
 BY  APPLYING  THE  MOST ADVANCED, PEER-REVIEWED, AND VALIDATED METHODOL-
 OGIES.
   7.  CALCULATION  AND PUBLICATION OF POLITICAL SUBDIVISIONS REQUIRED TO
 PROVIDE ASSISTANCE TO LANGUAGE-MINORITY GROUPS. ON  OR  BEFORE  FEBRUARY
 TWENTY-EIGHTH,  TWO THOUSAND TWENTY-ONE AND EVERY THIRD YEAR THEREAFTER,
 THE STATEWIDE DATABASE SHALL PUBLISH ON ITS WEB SITE AND TRANSMIT TO THE
 STATE BOARD OF ELECTIONS FOR  DISSEMINATION  TO  THE  COUNTY  BOARDS  OF
 ELECTIONS  AND  FOR  THE  STATE EDUCATION DEPARTMENT A LIST OF POLITICAL
 SUBDIVISIONS REQUIRED PURSUANT TO THIS SECTION TO PROVIDE ASSISTANCE  TO
 MEMBERS  OF  LANGUAGE-MINORITY  GROUPS  AND EACH LANGUAGE IN WHICH THOSE
 POLITICAL SUBDIVISIONS ARE REQUIRED TO PROVIDE ASSISTANCE. THE BOARDS OF
 ELECTIONS SHALL TRANSMIT THE LIST  DESCRIBED  HEREIN  TO  ALL  POLITICAL
 SUBDIVISIONS WITHIN THEIR JURISDICTION.
   8.  DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATABASE.  UPON THE
 CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTO-
 RY FILE AFTER EACH ELECTION,  EACH  ELECTION  AUTHORITY  SHALL  TRANSMIT
 COPIES  OF:  (A)  ELECTION  RESULTS  AT THE ELECTION DISTRICT LEVEL; (B)
 CONTEMPORANEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY  FILES;  (D)
 MAPS, DESCRIPTIONS, AND SHAPEFILES FOR ELECTION DISTRICTS; AND (E) LISTS
 OF  ELECTION DAY POLL SITE AND EARLY VOTING SITES AND LISTS, SHAPEFILES,
 OR DESCRIPTIONS OF THE ELECTION DISTRICTS ASSIGNED TO EACH ELECTION  DAY
 POLL  SITE  OR  EARLY VOTING SITE. AS USED IN THIS SUBDIVISION, THE TERM
 "ELECTION AUTHORITY" REFERS TO  THE  AGENCY  PRIMARILY  RESPONSIBLE  FOR
 MAINTAINING  THE  RECORDS LISTED IN SUBDIVISION FOUR OF THIS SECTION AND
 INCLUDE ANY BOARD OF ELECTION, AS WELL AS GENERAL PURPOSE LOCAL  GOVERN-
 MENTS  OR  SPECIAL  PURPOSE  LOCAL GOVERNMENTS THAT ADMINISTER THEIR OWN
 ELECTIONS OR MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
   9. TECHNICAL ASSISTANCE TO POLITICAL SUBDIVISIONS. STAFF AT THE STATE-
 WIDE DATABASE MAY PROVIDE NON-PARTISAN TECHNICAL ASSISTANCE TO POLITICAL
 SUBDIVISIONS, SCHOLARS, AND  THE  GENERAL  PUBLIC  SEEKING  TO  USE  THE
 RESOURCES OF THE STATEWIDE DATABASE.
   10.  PRESUMPTION  OF  VALIDITY.  THE  DATA, INFORMATION, AND ESTIMATES
 MAINTAINED BY THE STATEWIDE  DATABASE  SHALL  BE  GRANTED  A  REBUTTABLE
 PRESUMPTION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT PURSU-
 ANT TO THIS TITLE.
   § 17-210. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 1. POLITICAL SUBDI-
 VISIONS REQUIRED TO PROVIDE LANGUAGE ASSISTANCE. A BOARD OF ELECTIONS OR
 A   POLITICAL  SUBDIVISION  THAT  ADMINISTERS  ELECTIONS  SHALL  PROVIDE
 LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS TO A LANGUAGE-MINOR-
 ITY GROUP IN A POLITICAL SUBDIVISION IF THE DIRECTOR  DETERMINES,  BASED
 ON DATA FROM THE AMERICAN COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALI-
 TY COLLECTED BY A PUBLIC OFFICE, THAT:
   (A) MORE THAN TWO PERCENT OF THE CITIZENS OF VOTING AGE OF A POLITICAL
 SUBDIVISION  ARE  MEMBERS  OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK
 ENGLISH "LESS THAN  VERY  WELL"  ACCORDING  TO  THE  AMERICAN  COMMUNITY
 SURVEY;
   (B)  MORE  THAN  FOUR  THOUSAND  OF THE CITIZENS OF VOTING AGE OF SUCH
 POLITICAL SUBDIVISION ARE MEMBERS OF A  SINGLE  LANGUAGE-MINORITY  GROUP
 AND SPEAK ENGLISH "LESS THAN VERY WELL" ACCORDING TO THE AMERICAN COMMU-
 NITY SURVEY; OR
   (C)  IN  THE  CASE OF A POLITICAL SUBDIVISION THAT CONTAINS ALL OR ANY
 PART OF A NATIVE AMERICAN RESERVATION, MORE  THAN  TWO  PERCENT  OF  THE
 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER-
 VATION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK ENGLISH

 A. 10841--A                        11
 
 "LESS  THAN  VERY WELL" ACCORDING TO THE AMERICAN COMMUNITY SURVEY.  FOR
 THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERICAN" IS DEFINED TO  INCLUDE
 ANY PERSONS RECOGNIZED BY THE UNITED STATES CENSUS BUREAU OR NEW YORK AS
 "AMERICAN INDIAN" OR "ALASKA NATIVE".
   2.  LANGUAGE  ASSISTANCE  TO BE PROVIDED. WHEN THE DIRECTOR DETERMINES
 THAT A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  SHALL  PROVIDE
 LANGUAGE  ASSISTANCE  TO  A  PARTICULAR  MINORITY  GROUP,  SUCH BOARD OF
 ELECTIONS OR POLITICAL SUBDIVISION SHALL PROVIDE VOTING MATERIALS IN THE
 COVERED LANGUAGE OF  AN  EQUAL  QUALITY  OF  THE  CORRESPONDING  ENGLISH
 LANGUAGE  MATERIALS,  INCLUDING  REGISTRATION  OR VOTING NOTICES, FORMS,
 INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMATION RELATING  TO
 THE  ELECTORAL  PROCESS, INCLUDING BALLOTS.   WHENEVER ANY SUCH BOARD OF
 ELECTIONS OR POLITICAL SUBDIVISION PROVIDES ANY REGISTRATION  OR  VOTING
 NOTICES, FORMS, INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMA-
 TION  RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED
 POLITICAL SUBDIVISION, IT SHALL PROVIDE THEM  IN  THE  LANGUAGE  OF  THE
 APPLICABLE  MINORITY  GROUP AS WELL AS IN THE ENGLISH LANGUAGE, PROVIDED
 THAT WHERE THE LANGUAGE OF THE APPLICABLE  MINORITY  GROUP  IS  ORAL  OR
 UNWRITTEN  OR  IN  THE CASE OF SOME AMERICAN INDIANS, IF THE PREDOMINANT
 LANGUAGE IS HISTORICALLY UNWRITTEN, THE BOARD OF ELECTIONS OR  POLITICAL
 SUBDIVISION  IS  ONLY REQUIRED TO FURNISH ORAL INSTRUCTIONS, ASSISTANCE,
 OR OTHER INFORMATION RELATING TO REGISTRATION AND VOTING.
   3. ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING  MATERIALS.
 A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  THAT  SHALL PROVIDE
 LANGUAGE ASSISTANCE TO A  PARTICULAR  MINORITY  GROUP,  WHICH  SEEKS  TO
 PROVIDE  ENGLISH-ONLY MATERIALS NOTWITHSTANDING THE DETERMINATION OF THE
 DIRECTOR, MAY FILE AN ACTION AGAINST THE STATE FOR A  DECLARATORY  JUDG-
 MENT  PERMITTING  SUCH  PROVISION.  THE  COURT SHALL GRANT THE REQUESTED
 RELIEF IF IT FINDS THAT THE DETERMINATION OF THE DIRECTOR WAS  UNREASON-
 ABLE OR AN ABUSE OF DISCRETION.
   § 17-212. PRECLEARANCE.  1.  PRECLEARANCE. TO ENSURE THAT THE RIGHT TO
 VOTE IS NOT DENIED  OR  ABRIDGED  ON  ACCOUNT  OF  RACE,  ETHNICITY,  OR
 LANGUAGE-MINORITY  GROUP, AS A RESULT OF THE ENACTMENT OR IMPLEMENTATION
 OF A COVERED POLICY, AS DEFINED IN  SUBDIVISION  TWO  OF  THIS  SECTION,
 AFTER  THE  EFFECTIVE DATE OF THIS SECTION, THE ENACTMENT OR IMPLEMENTA-
 TION OF A COVERED POLICY BY A COVERED ENTITY, AS DEFINED IN  SUBDIVISION
 THREE  OF  THIS  SECTION,  SHALL BE SUBJECT TO PRECLEARANCE BY THE CIVIL
 RIGHTS BUREAU OR BY A DESIGNATED COURT AS SET FORTH IN THIS SECTION.
   2. COVERED POLICIES. A "COVERED POLICY" SHALL INCLUDE ANY NEW OR MODI-
 FIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAN-
 DARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY CONCERNING ANY  OF  THE
 FOLLOWING TOPICS:
   (A) APPORTIONMENT;
   (B) METHOD OF ELECTION;
   (C) FORM OF GOVERNMENT;
   (D) ANNEXATION OF A POLITICAL SUBDIVISION;
   (E) INCORPORATION OF A POLITICAL SUBDIVISION;
   (F) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS;
   (G)  REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE
 ACTIVITIES;
   (H) NUMBER, LOCATION, OR HOURS OF ANY ELECTION  DAY  OR  EARLY  VOTING
 POLL SITE;
   (I)  DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT
 TO SPECIAL ELECTIONS;
   (J) REGISTRATION OF VOTERS;

 A. 10841--A                        12
 
   (K) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR  EARLY  VOTING
 POLL SITES;
   (L) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP;
   (M) CHANGES TO THE GOVERNMENTAL POWERS OF ELECTED OFFICIALS; AND
   (N) THE CIVIL RIGHTS BUREAU MAY DESIGNATE ADDITIONAL TOPICS FOR INCLU-
 SION  IN THIS LIST PURSUANT TO A RULE PROMULGATED UNDER THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT, IF IT DETERMINES THAT A NEW OR MODIFIED  VOTING
 QUALIFICATION,  PREREQUISITE  TO VOTING, LAW, ORDINANCE, STANDARD, PRAC-
 TICE, PROCEDURE, REGULATION, OR POLICY CONCERNING SUCH TOPICS  MAY  HAVE
 THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE,
 ETHNICITY, OR LANGUAGE-MINORITY GROUP.
   3. COVERED ENTITY. A "COVERED ENTITY" SHALL INCLUDE: (A) ANY POLITICAL
 SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS TWENTY-FIVE YEARS, HAS BECOME
 SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT ACTION BASED  UPON  A
 FINDING  OF  ANY VIOLATION OF THIS TITLE, THE FEDERAL VOTING RIGHTS ACT,
 THE FIFTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, OR A  VOTING-
 RELATED  VIOLATION  OF  THE  FOURTEENTH  AMENDMENT  TO THE UNITED STATES
 CONSTITUTION; (B) ANY POLITICAL SUBDIVISION WHICH, WITHIN  THE  PREVIOUS
 FIVE YEARS, HAS FAILED TO COMPLY WITH ITS OBLIGATIONS TO PROVIDE DATA OR
 INFORMATION  TO  THE  STATEWIDE DATABASE, AS STATED IN SECTION 17-208 OF
 THIS TITLE; (C) ANY POLITICAL SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS
 TWENTY-FIVE  YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR
 GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION  OF
 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE
 UNITED  STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF
 A PROTECTED CLASS; (D) ANY COUNTY IN WHICH, BASED ON  DATA  PROVIDED  BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMBINED MISDEMEANOR AND
 FELONY ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS  CONSISTING  OF  AT
 LEAST  TEN  THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT
 LEAST TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION  OF  THE  COUNTY,
 EXCEEDS  THAT  OF  THE  CITIZEN VOTING AGE POPULATION OF THE COUNTY AS A
 WHOLE BY AT LEAST TWENTY PERCENT AT ANY POINT WITHIN  THE  PREVIOUS  TEN
 YEARS;  OR  (E)  ANY  POLITICAL SUBDIVISION IN WHICH, BASED ON DATA MADE
 AVAILABLE BY THE UNITED STATES CENSUS, THE DISSIMILARITY  INDEX  OF  ANY
 PROTECTED  CLASS CONSISTING OF AT LEAST TWENTY-FIVE THOUSAND CITIZENS OF
 VOTING AGE OR WHOSE MEMBERS COMPRISE AT LEAST TEN PERCENT OF THE CITIZEN
 VOTING AGE POPULATION OF THE POLITICAL  SUBDIVISION,  IS  IN  EXCESS  OF
 FIFTY  WITH  RESPECT TO NON-HISPANIC WHITE CITIZENS OF VOTING AGE WITHIN
 THE POLITICAL SUBDIVISION AT ANY POINT WITHIN THE PREVIOUS TEN YEARS. IF
 ANY COVERED ENTITY IS A  POLITICAL  SUBDIVISION  IN  WHICH  A  BOARD  OF
 ELECTIONS  HAS  BEEN  ESTABLISHED, THAT BOARD OF ELECTIONS SHALL ALSO BE
 DEEMED A COVERED ENTITY. IF ANY POLITICAL SUBDIVISION IN WHICH  A  BOARD
 OF ELECTIONS HAS BEEN ESTABLISHED CONTAINS A COVERED ENTITY FULLY WITHIN
 ITS  BORDERS,  THAT  POLITICAL  SUBDIVISION  AND THAT BOARD OF ELECTIONS
 SHALL BOTH BE DEEMED A COVERED ENTITY.
   4. PRECLEARANCE BY CIVIL RIGHTS BUREAU. A COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE  FOR A COVERED POLICY FROM THE CIVIL RIGHTS BUREAU PURSUANT
 TO THE FOLLOWING PROCESS:
   (A) THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN  WRITING  TO
 THE  CIVIL  RIGHTS  BUREAU OF THE OFFICE OF THE ATTORNEY GENERAL. IF THE
 COVERED ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL  CONTEM-
 PORANEOUSLY  PROVIDE  A COPY OF THE COVERED POLICY TO THE STATE BOARD OF
 ELECTIONS.
   (B) THE CIVIL RIGHTS BUREAU SHALL GRANT OR  DENY  PRECLEARANCE  WITHIN
 THE FOLLOWING TIME PERIODS:

 A. 10841--A                        13
 
   (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OF POLL SITES OR
 THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETHER FOR ELECTION
 DAY  OR  EARLY  VOTING,  THE  CIVIL  RIGHTS  BUREAU  SHALL GRANT OR DENY
 PRECLEARANCE WITHIN THIRTY DAYS FOLLOWING THE RECEIPT OF SUBMISSION.  IF
 THE  CIVIL RIGHTS BUREAU GRANTS PRECLEARANCE, IT MAY, IN ITS DISCRETION,
 DESIGNATE PRECLEARANCE AS "PRELIMINARY" IN WHICH CASE THE  CIVIL  RIGHTS
 BUREAU  MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE RECEIPT OF
 SUBMISSION OF THE COVERED POLICY.
   (II) FOR ANY OTHER COVERED POLICY, THE CIVIL RIGHTS BUREAU SHALL GRANT
 OR  DENY  PRECLEARANCE  WITHIN  SIXTY  DAYS  FOLLOWING  THE  RECEIPT  OF
 SUBMISSION OF THE COVERED POLICY.
   (III)  FOR  ANY  COVERED  POLICY  CONCERNING  THE  ESTABLISHMENT  OF A
 DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION,  APPORTIONMENT  PLANS,
 OR  A  CHANGE  TO THE FORM OF GOVERNMENT OF A POLITICAL SUBDIVISION, THE
 CIVIL RIGHTS BUREAU MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS.
   (C) THE CIVIL RIGHTS BUREAU SHALL GRANT PRECLEARANCE ONLY IF IT DETER-
 MINES THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF  MINORITY
 GROUPS  TO  PARTICIPATE  IN  THE  POLITICAL  PROCESS  AND TO ELECT THEIR
 PREFERRED CANDIDATES TO  OFFICE.  IF  THE  CIVIL  RIGHTS  BUREAU  GRANTS
 PRECLEARANCE,  THE  COVERED  ENTITY  MAY  ENACT OR IMPLEMENT THE COVERED
 POLICY IMMEDIATELY.
   (D) IF THE CIVIL RIGHTS BUREAU DENIES PRECLEARANCE, THE  CIVIL  RIGHTS
 BUREAU  SHALL  INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED
 POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (E) IF THE CIVIL RIGHTS BUREAU FAILS TO RESPOND WITHIN  THE  TIME  FOR
 RESPONSE  AS  ESTABLISHED  IN  THIS SECTION, THE COVERED POLICY SHALL BE
 DEEMED PRECLEARED AND THE COVERED ENTITY  MAY  ENACT  OR  IMPLEMENT  THE
 COVERED POLICY.
   (F)  APPEAL  OF  ANY DENIAL BY THE CIVIL RIGHTS BUREAU MAY BE HEARD IN
 THE SUPREME COURT FOR THE COUNTY OF NEW YORK, FROM WHICH APPEAL  MAY  BE
 TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE PROCEDURE. DUE TO THE
 FREQUENCY  AND  URGENCY  OF  ELECTIONS, ACTIONS BROUGHT PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND
 RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON APPEAL.
   (G) THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH RULES AND  REGULATIONS
 PURSUANT  TO  THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE NECESSARY TO
 EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   5. PRECLEARANCE BY A DESIGNATED COURT. A  COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM A COURT PURSUANT TO THE FOLLOWING
 PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE FOLLOWING DESIGNATED COURT IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH
 THE  COVERED  ENTITY IS LOCATED: (I) FIRST JUDICIAL DEPARTMENT: NEW YORK
 COUNTY; (II) SECOND JUDICIAL  DEPARTMENT:    WESTCHESTER  COUNTY;  (III)
 THIRD  JUDICIAL  DEPARTMENT:  ALBANY  COUNTY;  AND  (IV) FOURTH JUDICIAL
 DEPARTMENT: ERIE COUNTY.   IF THE COVERED ENTITY IS  A  COUNTY  OR  CITY
 BOARD  OF  ELECTIONS,  IT  SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF THE
 COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B) THE COVERED ENTITY SHALL CONTEMPORANEOUSLY PROVIDE A COPY  OF  THE
 COVERED  POLICY  TO  THE CIVIL RIGHTS BUREAU. THE FAILURE OF THE COVERED
 ENTITY TO PROVIDE A COPY OF THE  COVERED  POLICY  TO  THE  CIVIL  RIGHTS
 BUREAU WILL RESULT IN AN AUTOMATIC DENIAL OF PRECLEARANCE.
   (C)  THE  COURT  SHALL  GRANT  OR  DENY PRECLEARANCE WITHIN SIXTY DAYS
 FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (D) THE COURT SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES THAT  THE
 COVERED  POLICY  WILL  NOT  DIMINISH  THE  ABILITY OF MINORITY GROUPS TO

 A. 10841--A                        14
 
 PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDI-
 DATES TO OFFICE. IF THE COURT GRANTS PRECLEARANCE,  THE  COVERED  ENTITY
 MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (E) IF THE COURT DENIES PRECLEARANCE, OR FAILS TO RESPOND WITHIN SIXTY
 DAYS, THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (F)  APPEAL OF ANY DENIAL MAY BE TAKEN ACCORDING TO THE ORDINARY RULES
 OF APPELLATE PROCEDURE. DUE TO THE FREQUENCY AND URGENCY  OF  ELECTIONS,
 ACTIONS  BROUGHT  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE ON APPEAL.
   6. FAILURE TO SEEK OR  OBTAIN  PRECLEARANCE.  IF  ANY  COVERED  ENTITY
 ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY  WITHOUT SEEKING PRECLEARANCE
 PURSUANT TO THIS SECTION, OR  ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY
 NOTWITHSTANDING  THE  DENIAL  OF  PRECLEARANCE,  EITHER THE CIVIL RIGHTS
 BUREAU OR ANY OTHER PARTY WITH STANDING TO BRING AN  ACTION  UNDER  THIS
 TITLE MAY BRING AN ACTION TO ENJOIN THE COVERED POLICY AND TO SEEK SANC-
 TIONS AGAINST THE POLITICAL SUBDIVISION AND OFFICIALS IN VIOLATION.
   § 17-214. CIVIL  LIABILITY  FOR  VOTER  INTIMIDATION.  1. VOTER INTIM-
 IDATION PROHIBITED. NO PERSON, WHETHER ACTING  UNDER  COLOR  OF  LAW  OR
 OTHERWISE,  SHALL  USE  OR  THREATEN  TO  USE  ANY  FORCE,  VIOLENCE  OR
 RESTRAINT, OR INFLICT OR THREATEN TO INFLICT ANY INJURY, DAMAGE, HARM OR
 LOSS, OR IN ANY OTHER  MANNER  PRACTICE  INTIMIDATION  THAT  CAUSES  ANY
 PERSON TO PLACE OR CAUSE TO BE PLACED OR REFRAIN FROM PLACING OR CAUSING
 TO  BE  PLACED HIS NAME UPON A REGISTRY OF VOTERS; OR TO VOTE OR REFRAIN
 FROM VOTING IN GENERAL OR FOR OR AGAINST ANY PARTICULAR PERSON OR FOR OR
 AGAINST ANY PROPOSITION SUBMITTED TO VOTERS AT SUCH ELECTION.
   2. VOTER DECEPTION PROHIBITED. NO PERSON, WHETHER ACTING  UNDER  COLOR
 OF LAW OR OTHERWISE, SHALL BY ABDUCTION, DURESS OR ANY FORCIBLE OR FRAU-
 DULENT DEVICE OR CONTRIVANCE IMPEDE, PREVENT OR OTHERWISE INTERFERE WITH
 THE  FREE  EXERCISE  OF THE ELECTIVE FRANCHISE BY ANY PERSON ELIGIBLE TO
 VOTE WITH THE PURPOSE OF INTERFERING WITH THE FREE EXERCISE OF THE ELEC-
 TIVE FRANCHISE IN ANY WAY, INCLUDING REGISTERING  TO  VOTE;  VOTING;  OR
 DECLINING  TO VOTE; OR VOTING FOR OR AGAINST ANY PARTICULAR CANDIDATE OR
 PROPOSITION; OR DECLINING TO VOTE FOR OR AGAINST ANY  PARTICULAR  CANDI-
 DATE  OR  PROPOSITION. NO PERSON ACTING UNDER COLOR OF LAW SHALL USE ANY
 FRAUDULENT DEVICE OR CONTRIVANCE THAT CAUSES INTERFERENCE WITH THE  FREE
 EXERCISE  OF THE ELECTIVE FRANCHISE BY ANY PERSON ELIGIBLE TO VOTE WITH-
 OUT REGARD TO THE INTENT UNDERLYING THE USE OF THE FRAUDULENT DEVICE  OR
 CONTRIVANCE.
   3.  STANDING.  ANY  AGGRIEVED  PERSONS,  ORGANIZATION WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   4. REMEDIES. UPON A FINDING OF A VIOLATION OF ANY  PROVISION  OF  THIS
 SECTION,  THE  COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING
 FOR ADDITIONAL TIME TO CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION
 AT ISSUE. THIS TITLE GIVES THE COURT  AUTHORITY  TO  IMPLEMENT  REMEDIES
 NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW.
   § 17-216. ATTORNEYS'  FEES.  IN ANY ACTION TO ENFORCE ANY PROVISION OF
 THIS TITLE, THE COURT SHALL ALLOW THE PREVAILING PLAINTIFF PARTY,  OTHER
 THAN THE STATE OR POLITICAL SUBDIVISION THEREOF, A REASONABLE ATTORNEYS'
 FEE,  LITIGATION  EXPENSES INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS

 A. 10841--A                        15
 
 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL  BE  DEEMED  TO
 HAVE  PREVAILED  WHEN, AS A RESULT OF LITIGATION, THE POLITICAL SUBDIVI-
 SION YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE  SUIT.    PREVAILING
 DEFENDANT  PARTIES  SHALL  NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS
 THE ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION.
   § 17-218. APPLICABILITY. THE PROVISIONS OF THIS TITLE SHALL  APPLY  TO
 ALL  ELECTIONS  FOR  ANY  ELECTED  OFFICE OR ELECTORAL CHOICE WITHIN THE
 STATE OR ANY POLITICAL SUBDIVISION. THE PROVISIONS OF THIS  TITLE  SHALL
 APPLY  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, INCLUDING ANY OTHER
 STATE LAW OR LOCAL LAW.
   § 17-220. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR ITS APPLICA-
 TION TO ANY PERSON,  POLITICAL  SUBDIVISION,  OR  CIRCUMSTANCE  IS  HELD
 INVALID,  THE  INVALIDITY  SHALL NOT AFFECT OTHER PROVISIONS OR APPLICA-
 TIONS OF THIS TITLE WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT  THE  INVALID
 PROVISION  OR  APPLICATION, AND TO THIS END THE PROVISIONS OF THIS TITLE
 ARE SEVERABLE.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  17-208 and 17-210 of the election law as added by section four
 of this act shall take effect three years after it shall have  become  a
 law;  and provided further, however, that section 17-212 of the election
 law, as added by section four of this act, shall take  effect  one  year
 after  the  attorney  general  certifies that the office of the attorney
 general is prepared to execute the duties assigned in  section  four  of
 this  act,  if  after  the  expiration  of one year the attorney general
 requires more time to certify that the office of the attorney general is
 prepared to execute the duties assigned in section four of this act, the
 attorney general, may, for good cause shown, apply to the  governor  for
 such  an  extension of time. The governor may grant or deny an extension
 of up to one year according to  his  or  her  discretion.  The  attorney
 general  shall  notify the legislative bill drafting commission upon the
 occurrence of the enactment of the legislation provided for  in  section
 four  of  this act in order that the commission may maintain an accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.