Assembly Bill A4525

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4525
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. WALKER, COOK, JACOBSON, CUSICK, BARRON, HYNDMAN,
   DE LA ROSA,  BICHOTTE HERMELYN,   PICHARDO,   PERRY,   RAMOS,   GALEF,
   JEAN-PIERRE -- 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 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02384-01-1

 A. 4525                             2
 
 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.