Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 20, 2022 |
approval memo.8 signed chap.226 |
Jun 17, 2022 |
delivered to governor |
Jun 02, 2022 |
returned to senate passed assembly ordered to third reading rules cal.607 substituted for a6678e |
Jun 02, 2022 |
substituted by s1046e rules report cal.607 reported reported referred to rules |
Jun 01, 2022 |
reference changed to ways and means |
May 28, 2022 |
print number 6678e |
May 28, 2022 |
amend and recommit to election law |
May 19, 2022 |
print number 6678d |
May 19, 2022 |
amend and recommit to election law |
May 11, 2022 |
print number 6678c |
May 11, 2022 |
amend (t) and recommit to election law |
May 06, 2022 |
print number 6678b |
May 06, 2022 |
amend and recommit to election law |
Jan 05, 2022 |
referred to election law |
Apr 30, 2021 |
print number 6678a |
Apr 30, 2021 |
amend and recommit to election law |
Mar 25, 2021 |
referred to election law |
Assembly Bill A6678E
Signed By Governor2021-2022 Legislative Session
Relates to the John R. Lewis Voting Rights Act of New York
download bill text pdfSponsored By
WALKER
Archive: Last Bill Status Via S1046 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 31, 2022
aye (43)- Addabbo Jr.
- Bailey
- Biaggi
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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May 31, 2022 - Rules Committee Vote
S104614Aye6Nay0Aye with Reservations1Absent0Excused0Abstained -
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Bill Amendments
co-Sponsors
Inez E. Dickens
Mathylde Frontus
N. Nick Perry
Catalina Cruz
Diana Richardson
Karines Reyes
Jo Anne Simon
Linda Rosenthal
2021-A6678 - Details
2021-A6678 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6678 2021-2022 Regular Sessions I N A S S E M B L Y March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, PERRY, CRUZ, RICHARD- SON, REYES, SIMON, L. ROSENTHAL -- read once and referred to the Committee on Election Law 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD02423-04-1 A. 6678 2 17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE. 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 A. 6678 3 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW. 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 A. 6678 4 RESULT OF THE DILUTION OR THE ABRIDGMENT OF THE RIGHTS OF MEMBERS OF THE PROTECTED CLASS. (B) A VIOLATION OF THIS SUBDIVISION SHALL BE: (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 A. 6678 5 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 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. A. 6678 6 (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 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- A. 6678 7 TION LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION. (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 A. 6678 8 DISCRETION, INTERPOSE OBJECTIONS EXPLAINING ITS BASIS OR INDICATE ANOTH- ER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL. (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. A. 6678 9 7. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRREPARABLE HARM 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 A. 6678 10 ESTIMATES MAINTAINED BY THE STATEWIDE DATABASE SHALL BE POSTED ONLINE AND MADE AVAILABLE TO THE PUBLIC AT NO COST. 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-TWO 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 A. 6678 11 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER- VATION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK ENGLISH "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; A. 6678 12 (J) REGISTRATION OF VOTERS; (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. 6678 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. 6678 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. 6678 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.
co-Sponsors
Inez E. Dickens
Mathylde Frontus
N. Nick Perry
Catalina Cruz
Diana Richardson
Karines Reyes
Jo Anne Simon
Linda Rosenthal
Phara Souffrant Forrest
Gina Sillitti
Jeffrey Dinowitz
Emily Gallagher
Kimberly Jean-Pierre
Zohran Mamdani
Pamela J. Hunter
Anna Kelles
Harvey Epstein
Demond Meeks
Michael Benedetto
Vivian Cook
Daniel O'Donnell
Stefani Zinerman
Ron Kim
Charles Lavine
Marcela Mitaynes
Robert C. Carroll
Fred Thiele
Khaleel Anderson
Peter Abbate
Rebecca Seawright
Steven Otis
Al Taylor
Chris Burdick
Rodneyse Bichotte Hermelyn
Kenny Burgos
Richard Gottfried
Amy Paulin
Steven Englebright
Alicia Hyndman
Nathalia Fernandez
Jenifer Rajkumar
Amanda Septimo
Andrew Hevesi
Eddie Gibbs
John T. McDonald III
Chantel Jackson
Manny De Los Santos
Yuh-Line Niou
Philip Ramos
Jen Lunsford
Deborah Glick
Sandy Galef
Yudelka Tapia
Patricia Fahy
J. Gary Pretlow
Jessica Gonzalez-Rojas
Maritza Davila
Harry B. Bronson
Thomas Abinanti
Michaelle C. Solages
2021-A6678A - Details
2021-A6678A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6678--A 2021-2022 Regular Sessions I N A S S E M B L Y March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, PERRY, CRUZ, RICHARD- SON, REYES, SIMON, L. ROSENTHAL -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD02423-06-1 A. 6678--A 2 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY. 17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE. 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. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 17-216. AUTHORITY TO ISSUE SUBPOENAS. 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. 17-220. ATTORNEYS' FEES. 17-222. APPLICABILITY. 17-224. 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, COLOR, 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, COLOR, 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, RULES AND REGU- LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRANCHISE SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A) PROTECTING THE RIGHT TO CAST AN EFFECTIVE BALLOT; (B) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO RACE, COLOR, AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. § 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 A DISTRICTING OR REDISTRICTING 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 A. 6678--A 3 DISTRICT OR WARD, EXCEPT FOR A MEMBER OF THE GOVERNING BODY THAT HOLDS EXCLUSIVELY EXECUTIVE 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. 5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS OF A RACE, COLOR, 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, THE ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED. (C) 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 A. 6678--A 4 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: (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; OR (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; OR (III) PRESUMPTIVELY ESTABLISHED IF IT IS SHOWN THAT THE POLITICAL SUBDIVISION USED RACE, COLOR, OR LANGUAGE-MINORITY GROUP, OR ANOTHER CHARACTERISTIC THAT SERVES AS A PROXY FOR RACE, COLOR, OR LANGUAGE-MI- NORITY GROUP, FOR THE PURPOSE OF DISTRICTING OR REDISTRICTING. A POLI- TICAL SUBDIVISION SHALL ONLY REBUT THIS PRESUMPTION BY SHOWING THAT RACE, COLOR, OR LANGUAGE-MINORITY GROUP, OR ANOTHER CHARACTERISTIC THAT SERVES AS A PROXY FOR RACE, COLOR, 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. 3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES. 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: (A) THE HISTORY OF DISCRIMINATION IN THE A. 6678--A 5 POLITICAL SUBDIVISION, GEOGRAPHIC REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVISION; (C) THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) 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; (E) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT LOWER RATES; (F) 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; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISADVANTAGED IN AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMINAL JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (H) 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; (I) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIF- ICANT LACK OF RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION FOR ADOPTING OR MAINTAINING THE METHOD OF ELECTION OR THE VOTING QUALIFICA- TION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCE- DURE, REGULATION, OR POLICY. 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 SUBDI- VISIONS IN THE GEOGRAPHIC REGION MAY BE CONSIDERED BUT IS LESS PROBATIVE THAN EVIDENCE CONCERNING THE POLITICAL SUBDIVISION ITSELF. 4. 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. 5. 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 DISTRICTING OR REDISTRICTING 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; A. 6678--A 6 (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 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 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. 6. PROCEDURES FOR IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS- TRICTING 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 POLI- TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS ENUMERATED IN THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA- TION LETTER, AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION, OR THE FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE FEDERAL VOTING RIGHTS ACT. (A) BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING 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-ENGL- ISH-SPEAKING COMMUNITIES, TO EXPLAIN THE DISTRICTING OR REDISTRICTING PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION. (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE FOR RELEASE AT LEAST ONE DRAFT DISTRICTING OR REDISTRICTING 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 REGARD- ING THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS AND THE PROPOSED SEQUENCE OF ELECTIONS, IF APPLICABLE. THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE DRAFT DISTRICTING OR REDISTRICING 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. 7. 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, A. 6678--A 7 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) 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 LAW, INCLUDING ANY OTHER 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 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. IF THE POLI- TICAL SUBDIVISION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF A. 6678--A 8 THIS TITLE, THERE SHALL BE NO NEED FOR THE POLITICAL SUBDIVISION TO ALSO OBTAIN PRECLEARANCE 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 SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND MAY, IN ITS DISCRETION, INDICATE ANOTHER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL. (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. 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. TO THE EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT, EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI- CATION OF RIGHTS. (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 ANY VIOLATION OF 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 A. 6678--A 9 COMMENCED BY A NYVRA NOTIFICATION LETTER, ANY SUCH PLAINTIFF MAY ONLY DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION. § 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, COLOR, 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) DISTRICTING OR REDISTRICTING PLANS FOR EVERY ELECTION IN EVERY POLITICAL SUBDIVISION. (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. 6. DATA ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS. THE STATEWIDE DATABASE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS SECTION BY APPLYING THE MOST ADVANCED, PEER-REVIEWED, AND VALIDATED METHODOLOGIES. 7. CALCULATION AND PUBLICATION OF POLITICAL SUBDIVISIONS REQUIRED TO PROVIDE ASSISTANCE TO LANGUAGE-MINORITY GROUPS. ON OR BEFORE FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-THREE AND EVERY THIRD YEAR THEREAFT- ER, 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 A. 6678--A 10 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 "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, A. 6678--A 11 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, COLOR, 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 IMPLEMENTATION 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) DISTRICTING OR REDISTRICTING; (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; (K) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR EARLY VOTING POLL SITES; (L) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND (M) 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, COLOR, OR LANGUAGE-MINORITY GROUP. A. 6678--A 12 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: (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. A. 6678--A 13 (III) FOR ANY COVERED POLICY CONCERNING THE ESTABLISHMENT OF A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION, DISTRICTING OR REDIS- TRICTING 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 PROVIDE AN OPPORTUNITY FOR ANY INTERESTED PARTY TO SUBMIT WRITTEN COMMENTS CONCERNING ANY COVERED POLI- CY PRIOR TO GRANTING OR DENYING PRECLEARANCE. (D) 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. (E) 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. (F) 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. (G) 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. 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 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. A. 6678--A 14 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. 7. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN- NING ON THE EFFECTIVE DATE OF THIS SECTION, THE CIVIL RIGHTS BUREAU MAY, IN ITS DISCRETION, INITIATE A LOOKBACK REVIEW IN WHICH IT MAY DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN PREVIOUSLY ENACTED BY COVERED JURISDICTIONS. (B) THE CIVIL RIGHTS BUREAU MAY ONLY INITIATE A LOOKBACK REVIEW OF COVERED POLICIES THAT WERE ENACTED OR IMPLEMENTED BY A COVERED JURISDIC- TION ON OR AFTER THE DATE ON WHICH THIS TITLE TAKES EFFECT AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. (C) IN ORDER TO INITIATE A LOOKBACK REVIEW, THE CIVIL RIGHTS BUREAU MUST PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO REVIEW A COVERED POLICY ENACTED OR IMPLEMENTED BY THAT COVERED ENTITY. UPON RECEIPT OF SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO THE CIVIL RIGHTS BUREAU WITHIN THIRTY DAYS. (D) UPON RECEIPT OF THE COVERED POLICY, THE CIVIL RIGHTS BUREAU MAY DENY CLEARANCE TO THE COVERED POLICY WITHIN NINETY DAYS IF IT DETERMINES THAT THE COVERED POLICY IS LIKELY TO DIMINISH THE ABILITY OF MINORITY GROUPS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. (E) IF THE CIVIL RIGHTS BUREAU DENIES CLEARANCE TO A COVERED POLICY PURSUANT TO THIS SUBDIVISION, THE CIVIL RIGHTS BUREAU SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED; HOWEVER, DENIAL OF CLEARANCE SHALL NOT PROVIDE A BASIS TO INVALIDATE ANY ELECTIONS PREVIOUSLY CONDUCTED PURSUANT TO THE COVERED POLICY. (F) APPEAL OF ANY DENIAL OF CLEARANCE 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 PROCE- DURE. 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 SHALL PROVIDE OPPORTUNITY FOR ANY INTER- ESTED PARTY TO SUBMIT WRITTEN COMMENTS CONCERNING ANY COVERED POLICY DURING THE LOOKBACK PERIOD. 8. RULES AND REGULATIONS. 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 SECTION. § 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE. (B) A VIOLATION OF THIS SUBDIVISION SHALL BE: (I) ESTABLISHED IF A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE, RESTRAINT, ABDUCTION OR DURESS, OR INFLICTS OR THREATENS TO INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRAC- TICES INTIMIDATION THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT- A. 6678--A 15 TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (II) ESTABLISHED IF A PERSON USES ANY DECEPTIVE OR FRAUDULENT DEVICE, CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTER- FERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON 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; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (III) ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER- FERES WITH ACCESS TO ANY POLLING PLACE OR ELECTIONS OFFICE, OR OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS. 2. 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. 3. 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, INCLUDING ANY OTHER STATE OR LOCAL LAW. ANY PARTY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THE FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSA- TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION. § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE- PARABLE HARM OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE EXPENDITURE TO DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS, ACTIONS BROUGHT PURSUANT TO THIS TITLE SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO- MATIC CALENDAR PREFERENCE. 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) PLAINTIFFS 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. § 17-220. 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 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL BE DEEMED TO A. 6678--A 16 HAVE PREVAILED WHEN, AS A RESULT OF LITIGATION, THE DEFENDANT PARTY YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT. PREVAILING DEFEND- ANT PARTIES SHALL NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS THE ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION. § 17-222. 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. § 17-224. 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 paragraph (c) of subdivision seven of section 17-206 of the election law as added by section four of this act shall take effect one year after it shall have become a law; and provided further, 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 officers law.
co-Sponsors
Inez E. Dickens
Mathylde Frontus
N. Nick Perry
Catalina Cruz
Diana Richardson
Karines Reyes
Jo Anne Simon
Linda Rosenthal
Phara Souffrant Forrest
Gina Sillitti
Jeffrey Dinowitz
Emily Gallagher
Kimberly Jean-Pierre
Zohran Mamdani
Pamela J. Hunter
Anna Kelles
Harvey Epstein
Demond Meeks
Michael Benedetto
Vivian Cook
Daniel O'Donnell
Stefani Zinerman
Ron Kim
Charles Lavine
Marcela Mitaynes
Robert C. Carroll
Fred Thiele
Khaleel Anderson
Peter Abbate
Rebecca Seawright
Steven Otis
Al Taylor
Chris Burdick
Rodneyse Bichotte Hermelyn
Kenny Burgos
Richard Gottfried
Amy Paulin
Steven Englebright
Alicia Hyndman
Nathalia Fernandez
Jenifer Rajkumar
Amanda Septimo
Andrew Hevesi
Eddie Gibbs
John T. McDonald III
Chantel Jackson
Manny De Los Santos
Yuh-Line Niou
Philip Ramos
Jen Lunsford
Deborah Glick
Sandy Galef
Yudelka Tapia
Patricia Fahy
J. Gary Pretlow
Jessica Gonzalez-Rojas
Maritza Davila
Harry B. Bronson
Thomas Abinanti
Michaelle C. Solages
Jose Rivera
2021-A6678B - Details
2021-A6678B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6678--B 2021-2022 Regular Sessions I N A S S E M B L Y March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, CRUZ, REYES, SIMON, L. ROSENTHAL, FORREST, SILLITTI, DINOWITZ, GALLAGHER, JEAN-PIERRE, MAMDANI, HUNTER, KELLES, EPSTEIN, MEEKS, BENEDETTO, COOK, O'DONNELL, ZINERMAN, KIM, LAVINE, MITAYNES, CARROLL, THIELE, ANDERSON, ABBATE, SEAWRIGHT, OTIS, TAYLOR, BURDICK, BICHOTTE HERMELYN, BURGOS, GOTT- FRIED, PAULIN, ENGLEBRIGHT, HYNDMAN, FERNANDEZ, RAJKUMAR, SEPTIMO, HEVESI, GIBBS, McDONALD, JACKSON, DE LOS SANTOS, NIOU, RAMOS, LUNS- FORD, GLICK, GALEF, TAPIA, FAHY, PRETLOW, GONZALEZ-ROJAS, DAVILA, BRONSON, ABINANTI, SOLAGES -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Election Law in accordance with Assembly Rule 3, sec. 2 -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02423-08-2
A. 6678--B 2 § 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. 17-204. DEFINITIONS. 17-206. RIGHTS OF ACTION. 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 17-210. PRECLEARANCE COMMISSION. 17-212. PRECLEARANCE. 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 17-216. AUTHORITY TO ISSUE SUBPOENAS. 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. 17-220. ATTORNEYS' FEES. 17-222. APPLICABILITY. 17-224. 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, COLOR, 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, COLOR, 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, RULES AND REGU- LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRANCHISE SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A) PROTECTING THE RIGHT TO CAST AN EFFECTIVE BALLOT; (B) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO RACE, COLOR, AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS POLI- CIES AND PRACTICES CANNOT BE SO EXERCISED AS TO UNNECESSARILY DENY OR ABRIDGE THE RIGHT TO VOTE. POLICIES AND PRACTICES THAT BURDEN THE RIGHT TO VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPELLING POLICY JUSTI- FICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE. § 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 A. 6678--B 3 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 A DISTRICTING OR REDISTRICTING 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 EXECUTIVE 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. 5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS OF A RACE, COLOR, 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. 9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI- GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT OR ADJUDI- CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION. 10. "PRECLEARANCE COMMISSION" MEANS THE COMMISSION FORMED BY THIS TITLE TO MAKE DETERMINATIONS AS TO PRECLEARANCE, INFORMED BY THE RECOM- MENDATIONS OF THE CIVIL RIGHTS BUREAU. 11. "DECEPTIVE OR FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION" MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A) THE TIME, PLACE, AND MANNER OF ANY ELECTION; (B) THE QUALIFICATIONS OR RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A STATEMENT OF ENDORSEMENT BY ANY SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR ORGANIZATION. § 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- A. 6678--B 4 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, THE ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED. (C) 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: (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; OR (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; OR (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; A. 6678--B 5 (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. 3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES. 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 WITHOUT A COMPELLING POLICY JUSTIFICA- TION, FACTORS THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE HISTORY OF DISCRIMINATION IN THE POLITICAL SUBDIVISION, GEOGRAPHIC REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVI- SION; (C) THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENIAL OF ACCESS OF EITHER ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE PROTECTED CLASS TO THOSE PROCESSES DETERMINING WHICH GROUPS OF CANDI- DATES WILL RECEIVE ACCESS TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER SUPPORT IN A GIVEN ELECTION; (E) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT LOWER RATES; (F) THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLI- TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR- ATE; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISAD- VANTAGED IN AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMINAL JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (H) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISADVANTAGED IN OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTIC- IPATE EFFECTIVELY IN THE POLITICAL PROCESS; (I) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK OF RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION FOR ADOPTING OR MAIN- TAINING THE METHOD OF ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY. NO FACTOR IS DISPOSITIVE OR NECESSARY TO ESTABLISH THE EXIST- ENCE 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. 4. 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. 5. REMEDIES. (A) UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE COURT SHALL IMPLEMENT APPROPRIATE REMEDIES THAT ARE A. 6678--B 6 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 DISTRICTING OR REDISTRICTING 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) TRANSFERRING AUTHORITY FOR CONDUCTING THE POLITICAL SUBDIVI- SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED; (VIII) ADDITIONAL VOTING HOURS OR DAYS; (IX) ADDITIONAL POLLING LOCATIONS; (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL; (XI) ORDERING OF SPECIAL ELECTIONS; (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION; (XIII) REQUIRING ADDITIONAL VOTER EDUCATION; (XIV) MODIFYING THE ELECTION CALENDAR; OR (XV) 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 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 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. 6. PROCEDURES FOR IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS- TRICTING 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 POLI- TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS ENUMERATED IN THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA- TION LETTER, AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION, OR THE FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE FEDERAL VOTING RIGHTS ACT. (A) BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING 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-ENGL- ISH-SPEAKING COMMUNITIES, TO EXPLAIN THE DISTRICTING OR REDISTRICTING PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION. (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE FOR RELEASE AT LEAST ONE DRAFT DISTRICTING OR REDISTRICTING 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 A. 6678--B 7 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 REGARD- ING THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS AND THE PROPOSED SEQUENCE OF ELECTIONS, IF APPLICABLE. THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE DRAFT DISTRICTING OR REDISTRICTING 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. 7. 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) 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 PRECLEARANCE COMMISSION. SUCH A SUBMISSION SHALL BE REFERRED TO AS A "NYVRA PROPOSAL" IN THIS TITLE. A. 6678--B 8 (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 FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL RIGHTS BUREAU SHALL SUBMIT A REPORT AND RECOMMENDATION TO THE PRECLEAR- ANCE COMMISSION AS TO WHETHER THE PRECLEARANCE COMMISSION SHOULD GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. (IV) WITHIN SIXTY DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE PRECLEAR- ANCE COMMISSION SHALL EITHER GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. (V) THE PRECLEARANCE COMMISSION 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 PRECLEARANCE COMMISSION MAY GRANT APPROVAL TO THE NYVRA PROPOSAL NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. (VI) IF THE PRECLEARANCE COMMISSION GRANTS APPROVAL, THE NYVRA PROPOSAL SHALL BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER 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 SUBDIVI- SION TO ALSO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH SECTION. (VII) IF THE PRECLEARANCE COMMISSION DENIES APPROVAL, THE NYVRA PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED. THE PRECLEARANCE COMMIS- SION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND MAY, IN ITS DISCRETION, INDICATE ANOTHER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL. (VIII) IF THE PRECLEARANCE COMMISSION 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- A. 6678--B 9 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. 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. TO THE EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT, EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI- CATION OF RIGHTS. (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 ANY VIOLATION OF 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. 8. COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES MAY FILE AN ACTION JOINTLY PURSUANT TO THIS CHAPTER IF THEY DEMONSTRATE THAT THE COMBINED VOTING PREFERENCES OF THE MULTIPLE PROTECTED CLASSES ARE POLARIZED AGAINST THE REST OF THE ELECTORATE. § 17-208. 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 "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". A. 6678--B 10 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. 4. 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. § 17-210. PRECLEARANCE COMMISSION. 1. PRECLEARANCE COMMISSION. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF LAW, A PRECLEARANCE COMMISSION, AN ENTITY RESPONSIBLE FOR MAKING DETERMINATIONS AS TO PRECLEARANCE AND OTHER MATTERS AS ENUMERATED UNDER THIS TITLE, WHICH DETERMINATIONS SHALL BE BASED UPON THE PROVISIONS OF THIS TITLE AND THE RECOMMENDATIONS OF THE CIVIL RIGHTS BUREAU. THIS COMMISSION SHALL BE REFERRED TO AS THE "PRECLEARANCE COMMISSION" OR "COMMISSION" IN THIS TITLE. 2. PRECLEARANCE COMMISSION STRUCTURE AND MEMBERSHIP. (A) THE COMMIS- SION SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE SELECTED AS SET FORTH IN THIS SECTION AND SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS TITLE. (B) THE MEMBERS OF THE COMMISSION SHALL SERVE STAGGERED TERMS TO ENSURE CONTINUITY. FOR THE FIRST CLASS OF THE COMMISSION, THE FIRST MEMBER SELECTED AND APPOINTED AS DESCRIBED IN THIS SECTION SHALL SERVE A TERM OF FIVE YEARS, THE SECOND MEMBER THUS SELECTED AND APPOINTED SHALL SERVE A TERM OF FOUR YEARS, THE THIRD MEMBER THUS SELECTED AND APPOINTED SHALL SERVE A TERM OF THREE YEARS, THE FOURTH MEMBER THUS SELECTED AND APPOINTED SHALL SERVE A TERM OF TWO YEARS, AND THE FIFTH MEMBER THUS SELECTED AND APPOINTED SHALL SERVE A TERM OF ONE YEAR. ALL SUBSEQUENT MEMBERS OF THE COMMISSION SHALL BE SELECTED AND APPOINTED AS DESCRIBED IN THIS SECTION AND SHALL SERVE A TERM OF FIVE YEARS, UNLESS SELECTED AND APPOINTED TO COMPLETE A VACANT TERM. A. 6678--B 11 (C) THE COMMISSION BY A MAJORITY VOTE SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS TO PRESIDE OVER ITS MEETINGS, OTHER PROCEEDINGS, AND VOTES, FOR A TERM OF ONE YEAR. (D) A MAJORITY OF THE MEMBERS OF THE COMMISSION, CONFERRING IN PERSON, TELEPHONICALLY, BY VIDEOCONFERENCE, OR BY OTHER MEANS AS AGREED BY THE COMMISSION, SHALL CONSTITUTE A QUORUM, AND THE COMMISSION SHALL HAVE THE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION WITHOUT VACANCY. (E) TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION OR BE NOMI- NATED TO SERVE AS A MEMBER OF THE COMMISSION, AN INDIVIDUAL MUST: (I) BE A RESIDENT OF THE STATE OF NEW YORK; (II) BE A MEMBER OF THE NEW YORK STATE BAR; (III) HAVE AT LEAST FIVE YEARS OF LEGAL EXPERIENCE; (IV) HAVE DEMONSTRATED EXPERIENCE REPRESENTING OR WORKING ON BEHALF OF MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE; AND (V) HAVE DEMONSTRATED AN ABILITY TO APPRECIATE THE EXPERIENCES OF MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE, IN VOTING IN ELECTIONS IN THE STATE OF NEW YORK, OR HAVE DEMONSTRATED AN APPRECIATION FOR OR COMMITMENT TO THE DIVERSITY OF THE STATE OF NEW YORK. (F) NO INDIVIDUAL SHALL BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION WHO: (I) IS CURRENTLY SERVING IN ANY ELECTED GOVERNMENTAL OFFICE OR HAS WITHIN THE LAST FIVE YEARS SERVED IN ANY ELECTED GOVERNMENTAL OFFICE; (II) IS CURRENTLY SERVING ON ANY BOARD OF ELECTIONS; OR (III) IS CURRENTLY HOLDING ANY OFFICIAL POSITION FOR A POLITICAL PARTY. (G) MEMBERS OF THE COMMISSION SHALL BE COMPENSATED AT AN HOURLY RATE BASED ON THE RATE EQUIVALENT TO AN ASSISTANT ATTORNEY GENERAL OF SIMILAR EXPERIENCE FOR TIME ACTUALLY SPENT IN THE PERFORMANCE OF THE MEMBER'S DUTIES UNDER THIS SECTION, AND, IN ADDITION THERETO, SHALL BE REIMBURSED FOR ALL REASONABLE EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THE MEMBER IN THE PERFORMANCE OF THE MEMBER'S DUTIES UNDER THIS SECTION. COMMISSIONERS SHALL PROVIDE INVOICES TO THE DEPARTMENT OF LAW, ACCOUNT- ING FOR TIME SPENT TO THE TENTH OF AN HOUR AND DETAILING THEIR ACTIVITY TO THE DEGREE OF SPECIFICITY REQUIRED FOR THE RECOVERY OF ATTORNEYS' FEES AND EXPENSES IN FEDERAL CIVIL RIGHTS CASES. (H) MEMBERS OF THE COMMISSION MAY BE REMOVED FOR CAUSE BY MAJORITY VOTE OF THE COMMISSION FOR SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT IN OFFICE, OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY. (I) ANY VACANCY OCCURRING ON THE COMMISSION SHALL BE FILLED WITHIN THIRTY DAYS OF ITS OCCURRENCE, IN THE SAME MANNER AS A MEMBER IS INITIALLY SELECTED, TO COMPLETE THE VACANT TERM. (J) A COMMISSIONER WHO HAS COMPLETED ONE OR MORE TERMS ON THE COMMIS- SION, INCLUDING ANY PARTIAL TERM WHICH THE COMMISSIONER WAS SELECTED TO COMPLETE UPON A VACANCY, SHALL BE ELIGIBLE TO APPLY FOR AND BE SELECTED FOR FURTHER SERVICE ON THE COMMISSION, UNLESS REMOVED FOR CAUSE. 3. NOMINATING COMMITTEE. (A) THERE IS HEREBY ESTABLISHED A NOMINATING COMMITTEE OF ORGANIZATIONAL NOMINATORS RESPONSIBLE FOR IDENTIFYING AND NOMINATING CANDIDATES WHO ARE QUALIFIED UNDER THIS SECTION TO SERVE AS COMMISSIONERS ON THE PRECLEARANCE COMMISSION. THIS COMMITTEE OF ORGAN- IZATIONAL NOMINATORS SHALL BE REFERRED TO AS THE "NOMINATING COMMITTEE" OR "COMMITTEE" IN THIS TITLE AND SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH HEREIN. (B) THE NOMINATING COMMITTEE SHALL CONSIST OF AT LEAST FIVE, AND NO MORE THAN FIFTEEN, ORGANIZATIONS CERTIFIED BY THE CHIEF OF THE CIVIL A. 6678--B 12 RIGHTS BUREAU AS MEETING ALL OF THE QUALIFICATIONS IN THIS SUBDIVISION. AN ORGANIZATIONAL NOMINATOR, TO BE ELIGIBLE FOR CERTIFICATION TO THE NOMINATING COMMITTEE, SHALL: (I) BE A REGISTERED 501(C)(3) NONPROFIT ENTITY INCORPORATED IN NEW YORK STATE THAT HAS BEEN IN CONTINUOUS OPERATION FOR AT LEAST THE LAST TWENTY YEARS; (II) HAVE DEMONSTRATED A COMMITMENT TO THE PURPOSES OF THIS TITLE AND SPECIFICALLY TO SECURING THE VOTING RIGHTS OF PROTECTED CLASS MEMBERS AS DEFINED IN THIS TITLE, WHICH COMMITMENT MAY BE DEMONSTRATED BY (A) REFERENCE TO SUCH PROTECTED CLASS MEMBERS IN THE ORGANIZATION'S MISSION STATEMENT; OR (B) PARTICIPATION IN TEN OR MORE LAWSUITS IN FEDERAL COURT OR THE COURTS OF THE STATE OF NEW YORK ON BEHALF OF ONE OR MORE MEMBERS OF A PROTECTED CLASS ON ISSUES RELATED TO THIS TITLE; AND (III) BE REGISTERED WITH THE CHARITIES BUREAU OF THE NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL; AND (C) THE NOMINATING COMMITTEE BY MAJORITY VOTE SHALL ELECT A CHAIR FROM AMONG ITS MEMBER ORGANIZATIONS FOR A TERM OF ONE YEAR. (D) A MAJORITY OF THE NOMINATING COMMITTEE SHALL CONSTITUTE A QUORUM, AND THE COMMITTEE SHALL HAVE THE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE COMMITTEE WITHOUT VACANCY. (E) THE CIVIL RIGHTS BUREAU SHALL ESTABLISH A PROCESS AND PROCEDURES BY WHICH TO SOLICIT AND REVIEW, ON A ROLLING OR INTERMITTENT BASIS, APPLICATIONS FOR INCLUSION IN THE NOMINATING COMMITTEE. WITHIN A REASON- ABLE TIME FROM THE EFFECTIVE DATE OF THIS SECTION, THE CHIEF OF THE CIVIL RIGHTS BUREAU SHALL CERTIFY UP TO FIFTEEN ORGANIZATIONS THAT MEET THE QUALIFICATIONS OF PARAGRAPH (B) OF THIS SUBDIVISION AS MEMBERS OF THE NOMINATING COMMITTEE. WITHIN THIRTY DAYS OF THE CERTIFICATION BY THE CHIEF OF THE CIVIL RIGHTS BUREAU OF AT LEAST FIVE ORGANIZATIONS FOR INCLUSION IN THE NOMINATING COMMITTEE, THE NOMINATING COMMITTEE SHALL ADOPT PROCESSES AND PROCEDURES BY WHICH IT WILL MEET ON A REGULAR OR AS-NEEDED BASIS TO SOLICIT AND REVIEW THE APPLICATIONS OF CANDIDATES FOR SERVICE ON THE PRECLEARANCE COMMISSION. THESE PROCESSES AND PROCEDURES SHALL INCLUDE THE FOLLOWING REQUIREMENTS: (I) THE NOMINATING COMMITTEE SHALL SOLICIT APPLICATIONS STATEWIDE FROM CANDIDATES FOR SERVICE ON THE COMMISSION; (II) FROM THE APPLICATIONS RECEIVED FOR MEMBERSHIP ON THE COMMISSION, THE NOMINATING COMMITTEE SHALL SELECT A POOL OF THIRTY QUALIFIED CANDI- DATES FOR INCLUSION IN A NOMINEE POOL, PROVIDED THAT, IF THE NOMINATING COMMITTEE FINDS, AFTER DUE DILIGENCE, THAT THERE ARE FEWER THAN THIRTY QUALIFIED APPLICANTS TO BE COMMISSIONERS, THE NOMINATING COMMITTEE MAY REDUCE THE NOMINEE POOL'S SIZE BY A THREE-FIFTHS VOTE TO A LOWER NUMBER SO THAT THE COMMISSION'S MEMBERSHIP MAY BE FILLED; (III) ONLY CANDIDATES WHO MEET THE QUALIFICATIONS SET FORTH IN THIS SECTION FOR SERVICE ON THE PRECLEARANCE COMMISSION SHALL BE INCLUDED IN THE NOMINEE POOL; (IV) THREE-FIFTHS OF THE NOMINATING COMMITTEE'S MEMBER ORGANIZATIONS MUST AGREE AND VOTE IN SUPPORT OF ANY CANDIDATE'S INCLUSION IN THE NOMI- NEE POOL; AND (V) THE NOMINATING COMMITTEE SHALL MAINTAIN THE QUALIFIED CANDIDATE POOL SO THAT SUBSEQUENT VACANCIES MAY BE FILLED IN THE MANNER SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION. (F) THE NOMINATING COMMITTEE'S MEMBERS SHALL NEITHER BE PUBLIC OFFI- CERS NOR BE SUBJECT TO THE REQUIREMENTS OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING WHICH, THE NOMINATING COMMITTEE AND ITS MEMBERS SHALL BE ENTITLED TO REPRESENTATION, INDEMNIFICATION, AND TO BE HELD HARMLESS TO THE SAME EXTENT AS ANY OTHER PERSON EMPLOYED IN SERVICE OF THE STATE AND A. 6678--B 13 ENTITLED TO SUCH COVERAGE UNDER SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW. (G) A MEMBER OF THE NOMINATING COMMITTEE MAY BE REMOVED FOR CAUSE BY MAJORITY VOTE OF THE NOMINATING COMMITTEE FOR SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT, OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF THE COMMITTEE, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY. (H) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, NO MEETING OR PROCEEDING OF THE NOMINATING COMMITTEE SHALL BE OPEN TO THE PUBLIC. 4. SELECTION OF COMMISSIONERS BY LOT FROM NOMINEE POOL BY CHIEF JUDGE. WITHIN THIRTY DAYS OF THE DATE BY WHICH THE NOMINATING COMMITTEE HAS IDENTIFIED AND NOMINATED A POOL OF CANDIDATES WHO ARE QUALIFIED TO SERVE AS MEMBERS OF THE PRECLEARANCE COMMISSION UNDER THIS SECTION, THE CHIEF JUDGE OF THE COURT OF APPEALS SHALL SELECT BY LOT FROM THE INDI- VIDUALS NOMINATED TO THE NOMINEE POOL BY THE NOMINATING COMMITTEE A NUMBER OF CANDIDATES EQUAL TO THE NUMBER OF VACANCIES ON THE COMMISSION, WHO SHALL BE APPOINTED AS COMMISSIONERS. AT THE EXPIRATION OF EACH COMMISSIONER'S TERM OR UPON ANY VACANCY, THE CHIEF JUDGE SHALL SELECT BY LOT FROM THE POOL OF QUALIFIED CANDIDATES AVAILABLE AT THAT TIME. § 17-212. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE RIGHT TO VOTE IS NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, 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 IMPLEMENTATION 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) DISTRICTING OR REDISTRICTING; (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; (K) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR EARLY VOTING POLL SITES; (L) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND (M) 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, COLOR, 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 A. 6678--B 14 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; (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 THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES 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 CITI- ZENS 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 WITH- IN 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 PRECLEARANCE COMMISSION. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY FROM THE PRECLEARANCE COMMIS- SION PURSUANT TO THE FOLLOWING PROCESS: (A) THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO THE PRECLEARANCE COMMISSION. 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) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, THE COMMIS- SION SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. (C) AFTER PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO COMMENT ON THE SUBMISSION TO THE CIVIL RIGHTS BUREAU WITHIN THE TIME PERIODS SET FORTH BELOW. TO FACILITATE PUBLIC COMMENT, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE. (D) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, THE CIVIL RIGHTS BUREAU SHALL REVIEW THE SUBMISSION AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, WHICH SHALL BE CONCURRENT WITH THE TIME PERIODS FOR PUBLIC COMMENT, PROVIDE A REPORT AND RECOMMENDATION TO THE COMMIS- SION, WHICH SHALL INCLUDE A RECOMMENDATION AS TO WHETHER, UNDER THIS TITLE, PRECLEARANCE SHOULD BE GRANTED OR DENIED TO THE COVERED POLICY. THE CIVIL RIGHTS BUREAU MAY NOT SUBMIT ITS REPORT AND RECOMMENDATION UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL RIGHTS BUREAU MAY REQUEST MORE INFORMATION FROM A JURISDICTION SUBMITTING A COVERED A. 6678--B 15 POLICY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASONABLE REQUESTS FOR MORE INFORMATION MAY BE GROUNDS FOR THE DENIAL OF PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND RECOMMENDATION SHALL BE POSTED PUBLIC- LY ON THE PRECLEARANCE COMMISSION'S WEBSITE PROMPTLY AFTER THEY ARE RECEIVED BY THE COMMISSION. HOWEVER, COMMUNICATIONS BETWEEN THE CIVIL RIGHTS BUREAU AND THE COMMISSION OR ITS MEMBERS OTHER THAN THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDATION SHALL BE EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. (E) UPON RECEIPT OF THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDA- TION REGARDING A COVERED POLICY SUBMITTED FOR PRECLEARANCE, THE PRECLEARANCE COMMISSION SHALL REVIEW THE COVERED POLICY, THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, DENY OR GRANT PRECLEAR- ANCE. IN DETERMINING WHETHER TO DENY OR GRANT PRECLEARANCE, THE COMMIS- SION SHALL GIVE DEFERENCE TO THE CIVIL RIGHTS BUREAU'S RECOMMENDATION UNDER AN "ARBITRARY AND CAPRICIOUS" STANDARD OF REVIEW. IN ANY DETERMI- NATION AS TO PRECLEARANCE, THE COMMISSION SHALL IDENTIFY IN WRITING WHETHER IT IS APPROVING OR REJECTING THE CIVIL RIGHTS BUREAU'S RECOMMEN- DATION. IF THE PRECLEARANCE COMMISSION GRANTS PRECLEARANCE, IT MAY, IN ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY" IN WHICH CASE THE COMMISSION MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY. (I) THE COMMISSION SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES, UPON REVIEW OF THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF MINORITY GROUPS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDI- DATES TO OFFICE. IF THE COMMISSION GRANTS PRECLEARANCE, THE COVERED ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY. (II) IF THE COMMISSION DENIES PRECLEARANCE, THE COMMISSION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED. (III) IF THE COMMISSION 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. (IV) IF THE COMMISSION'S MEMBERSHIP FALLS BELOW A QUORUM AT ANY TIME, OR DURING ANY TIME PERIOD THAT MAY ELAPSE BETWEEN THE EFFECTIVE DATE OF THIS SECTION AND THE ESTABLISHMENT OF A QUORUM ON THE COMMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION AS TO WHETHER PRECLEARANCE SHOULD BE GRANTED OR DENIED SHALL HAVE THE FORCE OF FINAL PRECLEARANCE DETERMI- NATION UNTIL THE COMMISSION'S QUORUM IS ESTABLISHED OR RESTORED. (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS BUREAU REVIEW, AND THE DECISION OF THE COMMISSION TO GRANT OR DENY PRECLEARANCE ON SUBMISSION SHALL BE AS FOLLOWS: (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 PERIOD FOR PUBLIC COMMENT SHALL BE FIVE BUSI- NESS DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMEN- DATION TO THE COMMISSION WITHIN TWENTY-FIVE DAYS FOLLOWING THE RECEIPT OF SUBMISSION, AND A SINGLE COMMISSIONER, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN FIVE DAYS, EITHER: (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDATION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED OR GRANTED. IF A. 6678--B 16 THE COMMISSIONER INITIALLY ASSIGNED REFERS THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION, THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN FIVE DAYS FROM THE DATE OF REFERRAL. (II) FOR ANY COVERED POLICY CONCERNING THE ESTABLISHMENT OF A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION, DISTRICTING OR REDIS- TRICTING PLANS, OR A CHANGE TO THE FORM OF GOVERNMENT OF A POLITICAL SUBDIVISION, THE PERIOD FOR PUBLIC COMMENT SHALL BE FIFTEEN BUSINESS DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN SEVENTY-FIVE DAYS, AND A PANEL OF THREE COMMIS- SIONERS, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN FIFTEEN DAYS, DENY OR GRANT PRECLEARANCE. SUBJECT TO THE STAND- ARDS OF REVIEW AND REQUIREMENT OF A WRITTEN STATEMENT IDENTIFYING THE REASONS FOR APPROVING OR REJECTING THE RECOMMENDATION OF THE CIVIL RIGHTS BUREAU, THE VOTE OF ANY COMMISSIONER TO DENY PRECLEARANCE SHALL BE SUFFICIENT TO DENY PRECLEARANCE. IN CONSULTATION WITH THE CIVIL RIGHTS BUREAU, THE COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH. (III) FOR ANY OTHER COVERED POLICY, THE PERIOD FOR PUBLIC COMMENT SHALL BE TEN BUSINESS DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN FIFTY DAYS, AND A SINGLE COMMISSIONER, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN FIVE DAYS, EITHER: (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDATION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMI- NATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED OR GRANTED. IF THE COMMISSIONER INITIALLY ASSIGNED REFERS THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION, THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN TEN DAYS FROM THE DATE OF REFERRAL. IN CONSULTATION WITH THE CIVIL RIGHTS BUREAU, THE COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH. (G) APPEAL OF ANY DENIAL BY THE PRECLEARANCE COMMISSION MAY BE HEARD IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK IN A PROCEEDING COMMENCED AGAINST THE COMMISSION, PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FROM WHICH APPEAL MAY BE TAKEN ACCORD- ING 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. 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. A. 6678--B 17 (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 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. 7. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN- NING ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY, IN ITS DISCRETION, INITIATE A LOOKBACK REVIEW IN WHICH IT MAY DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN PREVIOUSLY ENACTED BY COVERED JURISDICTIONS. (B) THE COMMISSION MAY ONLY INITIATE A LOOKBACK REVIEW OF COVERED POLICIES THAT WERE ENACTED OR IMPLEMENTED BY A COVERED JURISDICTION ON OR AFTER THE DATE ON WHICH THIS TITLE TAKES EFFECT AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. (C) IN ORDER TO INITIATE A LOOKBACK REVIEW, THE COMMISSION MUST PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO REVIEW A COVERED POLICY ENACTED OR IMPLEMENTED BY THAT COVERED ENTITY. UPON RECEIPT OF SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRIT- ING TO THE PRECLEARANCE COMMISSION WITHIN THIRTY DAYS. (D) UPON RECEIPT OF A COVERED POLICY FOR LOOKBACK REVIEW, THE COMMIS- SION SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. THE SCHEDULE AND PROCEDURES FOR RECEIVING PUBLIC COMMENT AND EVALUATING A SUBMISSION THROUGH LOOKBACK REVIEW SHALL REFLECT THE SCHEDULE AND PROCEDURES PROVIDED BY PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION, BASED ON THE TYPE OF POLICY THAT IS THE SUBJECT OF THE SUBMISSION. 8. RULES AND REGULATIONS. 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 SECTION. § 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE. (B) A VIOLATION OF THIS SUBDIVISION SHALL BE: (I) ESTABLISHED IF A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE, RESTRAINT, ABDUCTION OR DURESS, OR INFLICTS OR THREATENS TO INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRAC- TICES INTIMIDATION THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT- TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR A. 6678--B 18 NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (II) ESTABLISHED IF A PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDU- LENT DEVICE, CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTERFERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON 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; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (III) ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER- FERES WITH ACCESS TO ANY POLLING PLACE OR ELECTIONS OFFICE, OR OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS. 2. 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. 3. 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, INCLUDING ANY OTHER STATE OR LOCAL LAW. ANY PARTY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THE FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSA- TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION. § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE- PARABLE HARM OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE EXPENDITURE TO DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS, ACTIONS BROUGHT PURSUANT TO THIS TITLE SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO- MATIC CALENDAR PREFERENCE. 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) PLAINTIFFS 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. § 17-220. 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 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL BE DEEMED TO A. 6678--B 19 HAVE PREVAILED WHEN, AS A RESULT OF LITIGATION, THE DEFENDANT PARTY YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT. PREVAILING DEFEND- ANT PARTIES SHALL NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS THE ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION. § 17-222. 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. § 17-224. 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 paragraph (c) of subdivision seven of section 17-206 of the election law as added by section four of this act shall take effect one year after it shall have become a law; and provided further, however, that section 17-208 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 certi- fy 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 legisla- tive law and section 70-b of the public officers law.
co-Sponsors
Inez E. Dickens
Mathylde Frontus
N. Nick Perry
Catalina Cruz
Karines Reyes
Jo Anne Simon
Linda Rosenthal
Phara Souffrant Forrest
Gina Sillitti
Jeffrey Dinowitz
Emily Gallagher
Kimberly Jean-Pierre
Zohran Mamdani
Pamela J. Hunter
Anna Kelles
Harvey Epstein
Demond Meeks
Michael Benedetto
Vivian Cook
Daniel O'Donnell
Stefani Zinerman
Ron Kim
Charles Lavine
Marcela Mitaynes
Robert C. Carroll
Fred Thiele
Khaleel Anderson
Peter Abbate
Rebecca Seawright
Steven Otis
Al Taylor
Chris Burdick
Rodneyse Bichotte Hermelyn
Kenny Burgos
Richard Gottfried
Amy Paulin
Steven Englebright
Alicia Hyndman
Nathalia Fernandez
Jenifer Rajkumar
Amanda Septimo
Andrew Hevesi
Eddie Gibbs
John T. McDonald III
Chantel Jackson
Manny De Los Santos
Yuh-Line Niou
Philip Ramos
Jen Lunsford
Deborah Glick
Sandy Galef
Yudelka Tapia
Patricia Fahy
J. Gary Pretlow
Jessica Gonzalez-Rojas
Maritza Davila
Harry B. Bronson
Thomas Abinanti
Michaelle C. Solages
Dan Quart
Brian Cunningham
Jose Rivera
Albert A. Stirpe
2021-A6678C - Details
2021-A6678C - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6678--C 2021-2022 Regular Sessions I N A S S E M B L Y March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, CRUZ, REYES, SIMON, L. ROSENTHAL, FORREST, SILLITTI, DINOWITZ, GALLAGHER, JEAN-PIERRE, MAMDANI, HUNTER, KELLES, EPSTEIN, MEEKS, BENEDETTO, COOK, O'DONNELL, ZINERMAN, KIM, LAVINE, MITAYNES, CARROLL, THIELE, ANDERSON, ABBATE, SEAWRIGHT, OTIS, TAYLOR, BURDICK, BICHOTTE HERMELYN, BURGOS, GOTT- FRIED, PAULIN, ENGLEBRIGHT, HYNDMAN, FERNANDEZ, RAJKUMAR, SEPTIMO, HEVESI, GIBBS, McDONALD, JACKSON, DE LOS SANTOS, NIOU, RAMOS, LUNS- FORD, GLICK, GALEF, TAPIA, FAHY, PRETLOW, GONZALEZ-ROJAS, DAVILA, BRONSON, ABINANTI, SOLAGES, QUART, CUNNINGHAM, J. RIVERA -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Election Law in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, 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, providing assistance to language-minority groups, requiring certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creating civil liability 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02423-18-2 A. 6678--C 2
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. 17-204. DEFINITIONS. 17-206. RIGHTS OF ACTION. 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 17-210. PRECLEARANCE COMMISSION. 17-212. PRECLEARANCE. 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 17-216. AUTHORITY TO ISSUE SUBPOENAS. 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. 17-220. ATTORNEYS' FEES. 17-222. APPLICABILITY. 17-224. 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, COLOR, 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, COLOR, 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, RULES AND REGU- LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRANCHISE SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A) PROTECTING THE RIGHT TO CAST AN EFFECTIVE BALLOT; (B) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO RACE, COLOR, AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS POLI- CIES AND PRACTICES CANNOT BE SO EXERCISED AS TO UNNECESSARILY DENY OR ABRIDGE THE RIGHT TO VOTE. POLICIES AND PRACTICES THAT BURDEN THE RIGHT TO VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPELLING POLICY JUSTI- FICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE. § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE: A. 6678--C 3 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 A DISTRICTING OR REDISTRICTING 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 EXECUTIVE 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. 5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS OF A RACE, COLOR, 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. 9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI- GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT OR ADJUDI- CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION. 10. "PRECLEARANCE COMMISSION" MEANS THE COMMISSION FORMED BY THIS TITLE TO MAKE DETERMINATIONS AS TO PRECLEARANCE, INFORMED BY THE RECOM- MENDATIONS OF THE CIVIL RIGHTS BUREAU. 11. "DECEPTIVE OR FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION" MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A) THE TIME, PLACE, AND MANNER OF ANY ELECTION; (B) THE QUALIFICATIONS OR RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A STATEMENT OF ENDORSEMENT BY ANY SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR ORGANIZATION. A. 6678--C 4 § 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, THE ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED. (C) 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: (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; OR (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; OR (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; A. 6678--C 5 (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. 3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES. 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 WITHOUT A COMPELLING POLICY JUSTIFICA- TION, FACTORS THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE HISTORY OF DISCRIMINATION IN THE POLITICAL SUBDIVISION, GEOGRAPHIC REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVI- SION; (C) THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENIAL OF ACCESS OF EITHER ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE PROTECTED CLASS TO THOSE PROCESSES DETERMINING WHICH GROUPS OF CANDI- DATES WILL RECEIVE ACCESS TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER SUPPORT IN A GIVEN ELECTION; (E) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT LOWER RATES; (F) THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLI- TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR- ATE; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISAD- VANTAGED IN AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMINAL JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (H) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISADVANTAGED IN OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTIC- IPATE EFFECTIVELY IN THE POLITICAL PROCESS; (I) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK OF RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION THAT IS SUBSTANTIATED AND SUPPORTED BY EVIDENCE FOR ADOPTING OR MAINTAINING THE METHOD OF ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI- NANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY. 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. 4. 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 A. 6678--C 6 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. 5. 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 DISTRICTING OR REDISTRICTING PLANS; (IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT ALL MEMBERS OF THE GOVERNING BODY ARE ELECTED ON THE SAME DATE; (V) REASONABLY 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) TRANSFERRING AUTHORITY FOR CONDUCTING THE POLITICAL SUBDIVI- SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED; (VIII) ADDITIONAL VOTING HOURS OR DAYS; (IX) ADDITIONAL POLLING LOCATIONS; (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL; (XI) ORDERING OF SPECIAL ELECTIONS; (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION; (XIII) REQUIRING ADDITIONAL VOTER EDUCATION; (XIV) MODIFYING THE ELECTION CALENDAR; (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER AS THE COURT MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH PLAN DOES NOT HAVE THE PURPOSE OF DILUTING THE RIGHT TO VOTE ON THE BASIS OF PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN. (B) THE COURT SHALL ONLY ADOPT A REMEDY THAT WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROC- ESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. THE COURT SHALL CONSIDER PROPOSED REMEDIES BY ANY PARTIES AND INTERESTED NON-PARTIES, AND SHALL 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 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. 6. PROCEDURES FOR IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS- TRICTING 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 POLI- TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS ENUMERATED IN THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA- TION LETTER, AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION, OR THE FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE FEDERAL VOTING RIGHTS ACT. (A) BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS OF THE PROPOSED BOUNDARIES OF THE DISTRICTS, THE POLITICAL SUBDIVISION A. 6678--C 7 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-ENGL- ISH-SPEAKING COMMUNITIES, TO EXPLAIN THE DISTRICTING OR REDISTRICTING PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION. (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE FOR RELEASE AT LEAST ONE DRAFT DISTRICTING OR REDISTRICTING 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 REGARD- ING THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS AND THE PROPOSED SEQUENCE OF ELECTIONS, IF APPLICABLE. THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE DRAFT DISTRICTING OR REDISTRICTING 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. 7. 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) 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. A. 6678--C 8 (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 PRECLEARANCE COMMISSION. 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 FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL RIGHTS BUREAU SHALL SUBMIT A REPORT AND RECOMMENDATION TO THE PRECLEAR- ANCE COMMISSION AS TO WHETHER THE PRECLEARANCE COMMISSION SHOULD GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. (IV) WITHIN SIXTY DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE PRECLEAR- ANCE COMMISSION SHALL EITHER GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. (V) THE PRECLEARANCE COMMISSION 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 PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE. THE PRECLEAR- ANCE COMMISSION MAY GRANT APPROVAL TO THE NYVRA PROPOSAL NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. (VI) IF THE PRECLEARANCE COMMISSION GRANTS APPROVAL, THE NYVRA PROPOSAL SHALL BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER 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 SUBDIVI- SION TO ALSO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH SECTION. (VII) IF THE PRECLEARANCE COMMISSION DENIES APPROVAL, THE NYVRA PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED. THE PRECLEARANCE COMMIS- SION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND MAY, IN ITS DISCRETION, INDICATE ANOTHER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL. (VIII) IF THE PRECLEARANCE COMMISSION 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 A. 6678--C 9 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. 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. TO THE EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT, EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI- CATION OF RIGHTS. (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 ANY VIOLATION OF 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. 8. COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES MAY FILE AN ACTION JOINTLY PURSUANT TO THIS CHAPTER IF THEY DEMONSTRATE THAT THE COMBINED VOTING PREFERENCES OF THE MULTIPLE PROTECTED CLASSES ARE POLARIZED AGAINST THE REST OF THE ELECTORATE. § 17-208. 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, BASED ON DATA FROM THE AMERICAN COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALITY 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; A. 6678--C 10 (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 "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 IT IS DETERMINED 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 MATE- RIALS, 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 INFORMATION RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED POLI- TICAL SUBDIVISION, IT SHALL PROVIDE THEM IN THE LANGUAGE OF THE APPLICA- BLE 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 MAY FILE AN ACTION AGAINST THE STATE FOR A DECLARATORY JUDGMENT PERMITTING SUCH PROVISION. THE COURT SHALL GRANT THE REQUESTED RELIEF IF IT FINDS THAT THE DETERMINATION WAS UNREASONABLE OR AN ABUSE OF DISCRETION. 4. 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. § 17-210. PRECLEARANCE COMMISSION. 1. PRECLEARANCE COMMISSION. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF LAW, A PRECLEARANCE COMMISSION. SUCH ENTITY SHALL BE RESPONSIBLE FOR MAKING DETERMINATIONS ON PRECLEARANCE AND OTHER MATTERS AS ENUMERATED UNDER THIS TITLE. SUCH DETERMINATIONS SHALL BE BASED UPON THE PROVISIONS OF THIS TITLE AND THE RECOMMENDATIONS OF THE CIVIL RIGHTS BUREAU. THIS COMMISSION SHALL HERE- INAFTER BE REFERRED TO AS THE "PRECLEARANCE COMMISSION" OR "COMMISSION" IN THIS TITLE. THE COMMISSION SHALL OPERATE AND MAINTAIN A WEBSITE FOR POSTING PRECLEARANCE SUBMISSIONS AND DECISIONS TO ENSURE THAT THEY ARE ACCESSIBLE TO THE PUBLIC. 2. PRECLEARANCE COMMISSION STRUCTURE AND MEMBERSHIP. (A) THE COMMIS- SION SHALL CONSIST OF THREE MEMBERS TO BE SELECTED AS SET FORTH IN THIS A. 6678--C 11 SECTION AND SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS TITLE. (B) THE GOVERNOR SHALL SELECT ONE MEMBER, AND THE ATTORNEY GENERAL SHALL SELECT ONE MEMBER. UPON THEIR SELECTION BOTH MEMBERS SHALL THEREIN JOINTLY SELECT ONE MEMBER TO SERVE ON SUCH COMMISSION. (C) TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION AN INDIVID- UAL MUST: (I) BE A RESIDENT OF NEW YORK STATE; (II) HAVE DEMONSTRATED EXPERIENCE REPRESENTING OR WORKING ON BEHALF OF MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE; (III) HAVE EXPERIENCE WORKING WITH MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE, IN VOTING IN ELECTIONS IN THE STATE OF NEW YORK, (D) NO INDIVIDUAL SHALL BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION WHO: (I) IS CURRENTLY SERVING IN ANY ELECTED GOVERNMENTAL OFFICE OR HAS WITHIN THE LAST FIVE YEARS SERVED IN ANY ELECTED GOVERNMENTAL OFFICE; (II) IS CURRENTLY SERVING ON ANY BOARD OF ELECTIONS; OR (III) IS CURRENTLY HOLDING ANY OFFICIAL POSITION FOR A POLITICAL PARTY. (E) MEMBERS OF THE COMMISSION SHALL SERVE STAGGERED TERMS. THE FIRST MEMBER SHALL BE CHOSEN BY THE ATTORNEY GENERAL AND SHALL SERVE A TERM OF FIVE YEARS, THE SECOND MEMBER SHALL BE CHOSEN BY THE GOVERNOR AND SHALL SERVE A TERM OF FOUR YEARS AND THE THIRD MEMBER CHOSEN BY THE FIRST TWO MEMBERS SHALL SERVE A TERM OF THREE YEARS. ALL SUBSEQUENT MEMBERS OF THE COMMISSION SHALL BE SELECTED AND APPOINTED AS DESCRIBED IN THIS SECTION AND SHALL SERVE A TERM OF FIVE YEARS, UNLESS SELECTED AND APPOINTED TO COMPLETE A VACANT TERM. (F) THE COMMISSION BY A MAJORITY VOTE SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS TO PRESIDE OVER ITS MEETINGS, OTHER PROCEEDINGS, AND VOTES. THE CHAIRPERSON SHALL SERVE A ONE YEAR TERM. (G) A MAJORITY OF THE MEMBERS OF THE COMMISSION, CONFERRING IN PERSON, TELEPHONICALLY, BY VIDEOCONFERENCE, OR BY OTHER MEANS AS AGREED BY THE COMMISSION, SHALL CONSTITUTE A QUORUM, AND THE COMMISSION SHALL HAVE THE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION WITHOUT VACANCY. (H) MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR ALL REASONABLE AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. (I) MEMBERS OF THE COMMISSION MAY BE REMOVED FOR CAUSE BY MAJORITY VOTE OF THE COMMISSION FOR SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT IN OFFICE, OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY. (J) ANY VACANCY OCCURRING ON THE COMMISSION SHALL BE FILLED WITHIN THIRTY DAYS OF ITS OCCURRENCE, BY THOSE WHO SELECTED THE MEMBER IN SUCH SEAT, TO COMPLETE THE VACANT TERM. (K) NOTHING IN THIS ARTICLE SHALL PREVENT A MEMBER FROM SERVING A SECOND CONSECUTIVE TERM UNLESS SUCH PERSON HAS PREVIOUSLY BEEN REMOVED FOR CAUSE FROM SAID COMMISSION. § 17-212. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE RIGHT TO VOTE IS NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, 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 IMPLEMENTATION 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. A. 6678--C 12 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) METHOD OF ELECTION; (B) FORM OF GOVERNMENT; (C) ANNEXATION OF A POLITICAL SUBDIVISION; (D) INCORPORATION OF A POLITICAL SUBDIVISION; (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS; (F) REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE ACTIVITIES; (G) NUMBER, LOCATION, OR HOURS OF ANY ELECTION DAY OR EARLY VOTING POLL SITE; (H) DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT TO SPECIAL ELECTIONS; (I) REGISTRATION OF VOTERS; (J) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR EARLY VOTING POLL SITES; (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND (L) 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, COLOR, 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 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; (C) 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 THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI- ZEN VOTING AGE POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) 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 ESTAB- LISHED, 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 A. 6678--C 13 POLITICAL SUBDIVISION AND THAT BOARD OF ELECTIONS SHALL BOTH BE DEEMED A COVERED ENTITY. 4. PRECLEARANCE BY THE ATTORNEY GENERAL AND THE PRECLEARANCE COMMIS- SION. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY FROM THE PRECLEARANCE COMMISSION PURSUANT TO THE FOLLOWING PROCESS: (A) THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO THE PRECLEARANCE COMMISSION AND THE CIVIL RIGHTS BUREAU. IF THE COVERED ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL CONTEMPORANEOUS- LY PROVIDE A COPY OF THE COVERED POLICY TO THE STATE BOARD OF ELECTIONS. (B) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS PRACTICABLE BUT NO LATER THAN WITHIN TEN DAYS, THE COMMISSION SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. (C) AFTER PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO COMMENT ON THE SUBMISSION TO THE CIVIL RIGHTS BUREAU WITHIN THE TIME PERIODS SET FORTH BELOW. TO FACILITATE PUBLIC COMMENT, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE. (D) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, THE CIVIL RIGHTS BUREAU SHALL REVIEW THE SUBMISSION AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, PROVIDE A REPORT AND RECOMMENDATION TO THE COMMISSION, WHICH SHALL INCLUDE A RECOMMENDATION AS TO WHETHER, UNDER THIS TITLE, PRECLEARANCE SHOULD BE GRANTED OR DENIED TO THE COVERED POLICY. SUCH TIME PERIOD SHALL RUN CONCURRENT WITH THE TIME PERIODS FOR PUBLIC COMMENT. THE CIVIL RIGHTS BUREAU MAY NOT SUBMIT ITS REPORT AND RECOMMENDATION UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL RIGHTS BUREAU MAY REQUEST MORE INFORMATION FROM A JURISDICTION SUBMIT- TING A COVERED POLICY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASON- ABLE REQUESTS FOR MORE INFORMATION MAY BE GROUNDS FOR THE DENIAL OF PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND RECOMMENDATION SHALL BE POSTED PUBLICLY ON THE PRECLEARANCE COMMISSION'S WEBSITE PROMPTLY AFTER THEY ARE RECEIVED BY THE COMMISSION. PROVIDED, HOWEVER, SUCH COMMUNICATIONS BETWEEN THE CIVIL RIGHTS BUREAU AND THE COMMISSION OR ITS MEMBERS OTHER THAN THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDATION SHALL BE EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. THE CIVIL RIGHTS BUREAU MAY INSTEAD OPT TO GRANT OR DENY PRECLEARANCE DIRECTLY WITHOUT SENDING A RECOMMENDATION TO THE COMMIS- SION. (E) UPON RECEIPT OF THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDA- TION REGARDING A COVERED POLICY SUBMITTED FOR PRECLEARANCE, THE PRECLEARANCE COMMISSION SHALL REVIEW THE COVERED POLICY, THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, DENY OR GRANT PRECLEAR- ANCE. IN DETERMINING WHETHER TO DENY OR GRANT PRECLEARANCE, THE COMMIS- SION SHALL GIVE DEFERENCE TO THE CIVIL RIGHTS BUREAU'S RECOMMENDATION UNDER AN "ARBITRARY AND CAPRICIOUS" STANDARD OF REVIEW. IN ANY DETERMI- NATION AS TO PRECLEARANCE, THE COMMISSION SHALL IDENTIFY IN WRITING WHETHER IT IS APPROVING OR REJECTING THE CIVIL RIGHTS BUREAU'S RECOMMEN- DATION. IF THE PRECLEARANCE COMMISSION GRANTS PRECLEARANCE, IT MAY, IN ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY" IN WHICH CASE THE COMMISSION MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY. (I) THE COMMISSION SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES, UPON REVIEW OF THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS A. 6678--C 14 TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. IF THE COMMISSION GRANTS PRECLEARANCE, THE COVERED ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY. (II) IF THE COMMISSION DENIES PRECLEARANCE, THE COMMISSION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED. (III) IF THE COMMISSION FAILS TO RESPOND WITHIN THE TIME FOR RESPONSE AS ESTABLISHED IN THIS SECTION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION ON THE COVERED POLICY SHALL GOVERN. (IV) IF THE COMMISSION'S MEMBERSHIP FALLS BELOW A QUORUM AT ANY TIME, OR DURING ANY TIME PERIOD THAT MAY ELAPSE BETWEEN THE EFFECTIVE DATE OF THIS SECTION AND THE ESTABLISHMENT OF A QUORUM ON THE COMMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION AS TO WHETHER PRECLEARANCE SHOULD BE GRANTED OR DENIED SHALL HAVE THE FORCE OF FINAL PRECLEARANCE DETERMI- NATION UNTIL THE COMMISSION'S QUORUM IS ESTABLISHED OR RESTORED. (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS BUREAU REVIEW, AND THE DECISION OF THE COMMISSION TO GRANT OR DENY PRECLEARANCE ON SUBMISSION SHALL BE AS FOLLOWS: (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION OF POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH- ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL BE FIVE BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN TEN DAYS FOLLOWING THE RECEIPT OF SUCH SUBMISSION AND A SINGLE COMMISSIONER, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT. WITHIN FIVE DAYS SUCH COMMIS- SIONER SHALL, EITHER: (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDA- TION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOM- MENDATION TO THE FULL COMMISSION FOR A DETERMINATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED OR GRANTED. (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE AN EXTENSION OF UP TO TWENTY DAYS TO SUBMIT ITS REPORT AND RECOMMENDA- TION TO THE COMMISSION. IF THE COMMISSIONER INITIALLY ASSIGNED REFERS THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION, THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN FIVE DAYS FROM THE DATE OF REFERRAL. (III) FOR ANY OTHER COVERED POLICY, THE PERIOD FOR PUBLIC COMMENT SHALL BE TEN BUSINESS DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN FORTY DAYS, AND A SINGLE COMMISSIONER, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN FIVE DAYS, EITHER: (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDATION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMI- NATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED OR GRANTED. IF THE COMMISSIONER INITIALLY ASSIGNED REFERS THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION, THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN TEN DAYS FROM THE DATE OF REFERRAL. IN CONSULTATION WITH THE CIVIL RIGHTS BUREAU, THE COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH. (IV) THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES FOR AN EXPEDITED, EMERGENCY PRECLEARANCE PROCESS IN THE EVENT OF A COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP- TER OR OTHER EXIGENT CIRCUMSTANCES. ANY PRECLEARANCE GRANTED UNDER THIS A. 6678--C 15 PROVISION SHALL BE DESIGNATED "PRELIMINARY" AND THE COMMISSION MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED POLICY. (G) APPEAL OF ANY DENIAL BY THE PRECLEARANCE COMMISSION MAY BE HEARD IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF ALBANY IN A PROCEEDING COMMENCED AGAINST THE COMMISSION, PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, 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. 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 PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES 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. PRECLEARANCE BY PUBLIC NOTICE AND COMMENT. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY THROUGH THE USE OF A PUBLIC NOTICE AND COMMENT PERIOD PURSUANT TO THE FOLLOWING PROCESS: (A) PRIOR TO ENACTING OR SEEKING TO ADMINISTER ANY COVERED POLICIES UNDER SUBDIVISION TWO OF THIS SECTION THE COVERED ENTITY SHALL PUBLISH THE PROPOSED COVERED POLICY CHANGE ON ITS OFFICIAL WEBSITE, ALONG WITH AN EXPLANATION FOR HOW THE CHANGE WOULD NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE, AND PUBLISH GENERAL NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. THE COVERED ENTITY SHALL ALSO PUBLICIZE THE NOTICE THROUGH PRESS RELEASES AND SUCH OTHER MEDIA. THE COVERED ENTITY SHALL NOTIFY THE CIVIL RIGHTS BUREAU AND THE PRECLEARANCE COMMISSION OF ITS INTENT TO USE THE NOTICE AND COMMENT PROCESS TO PRECLEAR A PROPOSED CHANGE. (B) SUCH NOTICE SHALL BE MADE AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE LAST DATE PRESCRIBED IN THE NOTICE FOR PUBLIC COMMENT. A. 6678--C 16 (C) PUBLIC COMMENT SHALL BE ACCEPTED FOR A PERIOD OF NO FEWER THAN THIRTY DAYS. DURING THIS PERIOD, THE COVERED ENTITY SHALL AFFORD INTER- ESTED PERSONS AN OPPORTUNITY TO SUBMIT DATA, VIEWS, AND ARGUMENTS IN WRITING BY MAIL, FAX, OR EMAIL, OR THROUGH AN ONLINE PUBLIC COMMENT PORTAL ON THE OFFICIAL WEBSITE FOR THE LOCALITY IF ONE HAS BEEN ESTAB- LISHED. (D) THE COVERED ENTITY SHALL CONDUCT AT LEAST ONE PUBLIC HEARING DURING THIS PERIOD TO RECEIVE PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. (E) THE COVERED ENTITY MAY MAKE CHANGES TO THE PROPOSED COVERED PRAC- TICE IN RESPONSE TO PUBLIC COMMENT RECEIVED. IN DOING SO, THE REVISED COVERED PRACTICE SHALL BE PUBLISHED AND PUBLIC COMMENT SHALL BE ACCEPTED IN ACCORDANCE WITH THIS SUBSECTION, EXCEPT THE PUBLIC COMMENT PERIOD SHALL BE NO FEWER THAN FIFTEEN DAYS. (F) FOLLOWING THE PUBLIC COMMENT PERIOD OR PERIODS PRESCRIBED, THE COVERED ENTITY SHALL PUBLISH THE FINAL COVERED PRACTICE, WHICH SHALL INCLUDE A PLAIN ENGLISH DESCRIPTION OF THE PRACTICE AND THE TEXT OF AN ORDINANCE IF APPLICABLE, GIVING EFFECT TO THE PRACTICE, MAPS OF PROPOSED BOUNDARY CHANGES, OR OTHER RELEVANT MATERIALS, AND NOTICE THAT THE COVERED PRACTICE WILL TAKE EFFECT IN THIRTY DAYS. (G) DURING THIS THIRTY-DAY WAITING PERIOD, ANY PERSON WHO WILL BE SUBJECT TO, OR AFFECTED BY, THE COVERED PRACTICE MAY CHALLENGE, IN THE SUPREME COURT OF THE LOCALITY WHERE THE COVERED PRACTICE IS TO BE IMPLE- MENTED, THE COVERED PRACTICE AS HAVING THE PURPOSE OR EFFECT OF DIMIN- ISHING THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. (H) THE PRECLEARANCE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY ASSERT JURISDICTION OVER THE PROPOSED CHANGE UPON RECEIVING NOTICE OF THE COVERED ENTITY'S INTENT TO USE THE NOTICE AND COMMENT PROCESS ANY TIME BEFORE THE CLOSE OF THE PUBLIC COMMENT PERIOD. A SINGLE MEMBER MAY ASSERT JURISDICTION. 7. 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. 8. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN- NING ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY, IN ITS DISCRETION, INITIATE A LOOKBACK REVIEW IN WHICH IT MAY DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN PREVIOUSLY ENACTED BY COVERED JURISDICTIONS. (B) THE COMMISSION OR CIVIL RIGHTS BUREAU MAY ONLY INITIATE A LOOKBACK REVIEW OF COVERED POLICIES THAT WERE ENACTED OR IMPLEMENTED BY A COVERED JURISDICTION ON OR AFTER THE DATE ON WHICH THIS TITLE TAKES EFFECT AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. (C) IN ORDER TO INITIATE A LOOKBACK REVIEW, THE COMMISSION OR CIVIL RIGHTS BUREAU MUST PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO REVIEW A COVERED POLICY ENACTED OR IMPLEMENTED BY THAT COVERED ENTITY. UPON RECEIPT OF SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO THE PRECLEARANCE COMMISSION OR CIVIL RIGHTS BUREAU WITHIN THIRTY DAYS. (D) UPON RECEIPT OF A COVERED POLICY FOR LOOKBACK REVIEW, THE COMMIS- SION OR CIVIL RIGHTS BUREAU SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. THE SCHEDULE AND PROCEDURES FOR RECEIVING PUBLIC COMMENT AND EVALUATING A. 6678--C 17 A SUBMISSION THROUGH LOOKBACK REVIEW SHALL REFLECT THE SCHEDULE AND PROCEDURES PROVIDED BY PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION, BASED ON THE TYPE OF POLICY THAT IS THE SUBJECT OF THE SUBMISSION. 9. RULES AND REGULATIONS. 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 SECTION. § 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE. (B) A VIOLATION OF THIS SUBDIVISION SHALL BE: (I) ESTABLISHED IF A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE, RESTRAINT, ABDUCTION OR DURESS, OR INFLICTS OR THREATENS TO INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRAC- TICES INTIMIDATION THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT- TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (II) ESTABLISHED IF A PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDU- LENT DEVICE, CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTERFERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON 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; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (III) ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER- FERES WITH ACCESS TO ANY POLLING PLACE OR ELECTIONS OFFICE, OR OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS. 2. 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. 3. 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, INCLUDING ANY OTHER STATE OR LOCAL LAW. ANY PARTY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THE FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSA- TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION. § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE A. 6678--C 18 THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE- PARABLE HARM OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE EXPENDITURE TO DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS, ACTIONS BROUGHT PURSUANT TO THIS TITLE SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO- MATIC CALENDAR PREFERENCE. 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) PLAINTIFFS 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. § 17-220. 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 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL BE DEEMED TO HAVE PREVAILED WHEN, AS A RESULT OF LITIGATION, THE DEFENDANT PARTY YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT. PREVAILING DEFEND- ANT PARTIES SHALL NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS THE ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION. § 17-222. 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. § 17-224. 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 paragraph (c) of subdivision seven of section 17-206 of the election law as added by section four of this act shall take effect one year after it shall have become a law; and provided further, however, that section 17-208 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 certi- fy 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 legisla- tive law and section 70-b of the public officers law.
co-Sponsors
Inez E. Dickens
Mathylde Frontus
N. Nick Perry
Catalina Cruz
Karines Reyes
Jo Anne Simon
Linda Rosenthal
Phara Souffrant Forrest
Gina Sillitti
Jeffrey Dinowitz
Emily Gallagher
Kimberly Jean-Pierre
Zohran Mamdani
Pamela J. Hunter
Anna Kelles
Harvey Epstein
Demond Meeks
Michael Benedetto
Vivian Cook
Daniel O'Donnell
Stefani Zinerman
Ron Kim
Charles Lavine
Marcela Mitaynes
Robert C. Carroll
Fred Thiele
Khaleel Anderson
Peter Abbate
Rebecca Seawright
Steven Otis
Al Taylor
Chris Burdick
Rodneyse Bichotte Hermelyn
Kenny Burgos
Richard Gottfried
Amy Paulin
Steven Englebright
Alicia Hyndman
Nathalia Fernandez
Jenifer Rajkumar
Amanda Septimo
Andrew Hevesi
Eddie Gibbs
John T. McDonald III
Chantel Jackson
Manny De Los Santos
Yuh-Line Niou
Philip Ramos
Jen Lunsford
Deborah Glick
Sandy Galef
Yudelka Tapia
Patricia Fahy
J. Gary Pretlow
Jessica Gonzalez-Rojas
Maritza Davila
Harry B. Bronson
Thomas Abinanti
Michaelle C. Solages
Dan Quart
Brian Cunningham
Jose Rivera
Albert A. Stirpe
2021-A6678D - Details
2021-A6678D - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6678--D 2021-2022 Regular Sessions I N A S S E M B L Y March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, CRUZ, REYES, SIMON, L. ROSENTHAL, FORREST, SILLITTI, DINOWITZ, GALLAGHER, JEAN-PIERRE, MAMDANI, HUNTER, KELLES, EPSTEIN, MEEKS, BENEDETTO, COOK, O'DONNELL, ZINERMAN, KIM, LAVINE, MITAYNES, CARROLL, THIELE, ANDERSON, ABBATE, SEAWRIGHT, OTIS, TAYLOR, BURDICK, BICHOTTE HERMELYN, BURGOS, GOTT- FRIED, PAULIN, ENGLEBRIGHT, HYNDMAN, FERNANDEZ, RAJKUMAR, SEPTIMO, HEVESI, GIBBS, McDONALD, JACKSON, DE LOS SANTOS, NIOU, RAMOS, LUNS- FORD, GLICK, GALEF, TAPIA, FAHY, PRETLOW, GONZALEZ-ROJAS, DAVILA, BRONSON, ABINANTI, SOLAGES, QUART, CUNNINGHAM, J. RIVERA, STIRPE -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Election Law in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, 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, providing assistance to language-minority groups, requiring certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creating civil liability 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)". EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02423-20-2 A. 6678--D 2
§ 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. 17-204. DEFINITIONS. 17-206. RIGHTS OF ACTION. 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 17-210. PRECLEARANCE COMMISSION. 17-212. PRECLEARANCE. 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 17-216. AUTHORITY TO ISSUE SUBPOENAS. 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. 17-220. ATTORNEYS' FEES. 17-222. APPLICABILITY. 17-224. 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, COLOR, 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, COLOR, 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, RULES AND REGU- LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRANCHISE SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A) PROTECTING THE RIGHT TO CAST AN EFFECTIVE BALLOT; (B) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO RACE, COLOR, AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO VOTE. THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS POLI- CIES AND PRACTICES CANNOT BE SO EXERCISED AS TO UNNECESSARILY DENY OR ABRIDGE THE RIGHT TO VOTE. POLICIES AND PRACTICES THAT BURDEN THE RIGHT A. 6678--D 3 TO VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPELLING POLICY JUSTI- FICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE. § 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 A DISTRICTING OR REDISTRICTING 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 EXECUTIVE 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. 5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS OF A RACE, COLOR, 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. 9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI- GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT OR ADJUDI- CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION. 10. "PRECLEARANCE COMMISSION" MEANS THE COMMISSION FORMED BY THIS TITLE TO MAKE DETERMINATIONS AS TO PRECLEARANCE, INFORMED BY THE RECOM- MENDATIONS OF THE CIVIL RIGHTS BUREAU. 11. "DECEPTIVE OR FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION" MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A) THE TIME, PLACE, AND MANNER OF ANY ELECTION; (B) THE QUALIFICATIONS OR RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A STATEMENT A. 6678--D 4 OF ENDORSEMENT BY ANY SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR ORGANIZATION. § 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, THE ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED. (C) 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 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, 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: (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; OR (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; OR (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 A. 6678--D 5 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. 3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES. 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 WITHOUT A COMPELLING POLICY JUSTIFICA- TION, FACTORS THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE HISTORY OF DISCRIMINATION IN THE POLITICAL SUBDIVISION, GEOGRAPHIC REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVI- SION; (C) THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENIAL OF ACCESS OF EITHER ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE PROTECTED CLASS TO THOSE PROCESSES DETERMINING WHICH GROUPS OF CANDI- DATES WILL RECEIVE ACCESS TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER SUPPORT IN A GIVEN ELECTION; (E) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT LOWER RATES; (F) THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLI- TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR- ATE; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISAD- VANTAGED IN AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMINAL JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (H) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISADVANTAGED IN OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTIC- IPATE EFFECTIVELY IN THE POLITICAL PROCESS; (I) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK OF RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION THAT IS SUBSTANTIATED AND SUPPORTED BY EVIDENCE FOR ADOPTING OR MAINTAINING THE METHOD OF ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI- NANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY. 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. 4. 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. A. 6678--D 6 5. 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 DISTRICTING OR REDISTRICTING PLANS; (IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT ALL MEMBERS OF THE GOVERNING BODY ARE ELECTED ON THE SAME DATE; (V) REASONABLY 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) TRANSFERRING AUTHORITY FOR CONDUCTING THE POLITICAL SUBDIVI- SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED; (VIII) ADDITIONAL VOTING HOURS OR DAYS; (IX) ADDITIONAL POLLING LOCATIONS; (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL; (XI) ORDERING OF SPECIAL ELECTIONS; (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION; (XIII) REQUIRING ADDITIONAL VOTER EDUCATION; (XIV) MODIFYING THE ELECTION CALENDAR; (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER AS THE COURT MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH PLAN DOES NOT HAVE THE PURPOSE OF DILUTING THE RIGHT TO VOTE ON THE BASIS OF PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN. (B) THE COURT SHALL ONLY ADOPT A REMEDY THAT WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROC- ESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. THE COURT SHALL CONSIDER PROPOSED REMEDIES BY ANY PARTIES AND INTERESTED NON-PARTIES, AND SHALL 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 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. 6. PROCEDURES FOR IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS- TRICTING 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 POLI- TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS ENUMERATED IN THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA- TION LETTER, AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION, OR THE FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE FEDERAL VOTING RIGHTS ACT. (A) BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING 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 A. 6678--D 7 SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING TO NON-ENGL- ISH-SPEAKING COMMUNITIES, TO EXPLAIN THE DISTRICTING OR REDISTRICTING PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION. (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE FOR RELEASE AT LEAST ONE DRAFT DISTRICTING OR REDISTRICTING 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 REGARD- ING THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS AND THE PROPOSED SEQUENCE OF ELECTIONS, IF APPLICABLE. THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE DRAFT DISTRICTING OR REDISTRICTING 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. 7. 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) 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 A. 6678--D 8 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 PRECLEARANCE COMMISSION. 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 FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL RIGHTS BUREAU SHALL SUBMIT A REPORT AND RECOMMENDATION TO THE PRECLEAR- ANCE COMMISSION AS TO WHETHER THE PRECLEARANCE COMMISSION SHOULD GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. (IV) WITHIN SIXTY DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE PRECLEAR- ANCE COMMISSION SHALL EITHER GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. (V) THE PRECLEARANCE COMMISSION 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 PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE. THE PRECLEAR- ANCE COMMISSION MAY GRANT APPROVAL TO THE NYVRA PROPOSAL NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. (VI) IF THE PRECLEARANCE COMMISSION GRANTS APPROVAL, THE NYVRA PROPOSAL SHALL BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER 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 SUBDIVI- SION TO ALSO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH SECTION. (VII) IF THE PRECLEARANCE COMMISSION DENIES APPROVAL, THE NYVRA PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED. THE PRECLEARANCE COMMIS- SION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND MAY, IN ITS DISCRETION, INDICATE ANOTHER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL. (VIII) IF THE PRECLEARANCE COMMISSION 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. A. 6678--D 9 (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. 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. TO THE EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT, EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI- CATION OF RIGHTS. (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 ANY VIOLATION OF 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. 8. COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES MAY FILE AN ACTION JOINTLY PURSUANT TO THIS CHAPTER IF THEY DEMONSTRATE THAT THE COMBINED VOTING PREFERENCES OF THE MULTIPLE PROTECTED CLASSES ARE POLARIZED AGAINST THE REST OF THE ELECTORATE. § 17-208. 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, BASED ON DATA FROM THE AMERICAN COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE, THAT: (A) MORE THAN TWO PERCENT, BUT IN NO INSTANCE FEWER THAN THREE HUNDRED INDIVIDUALS, OF THE CITIZENS OF VOTING AGE OF A POLITICAL SUBDIVISION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED ENGLISH PROFICIENT. A. 6678--D 10 (B) MORE THAN FOUR THOUSAND OF THE CITIZENS OF VOTING AGE OF SUCH POLITICAL SUBDIVISION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED ENGLISH PROFICIENT. (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 ARE LIMITED ENGLISH PROFICIENT. FOR THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERI- CAN" 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 IT IS DETERMINED 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 MATE- RIALS, 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 INFORMATION RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED POLI- TICAL SUBDIVISION, IT SHALL PROVIDE THEM IN THE LANGUAGE OF THE APPLICA- BLE 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 MAY FILE AN ACTION AGAINST THE STATE FOR A DECLARATORY JUDGMENT PERMITTING SUCH PROVISION. THE COURT SHALL GRANT THE REQUESTED RELIEF IF IT FINDS THAT THE DETERMINATION WAS UNREASONABLE OR AN ABUSE OF DISCRETION. 4. 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. 5. THIS SECTION SHALL NOT APPLY TO SPECIAL DISTRICTS AS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW. § 17-210. PRECLEARANCE COMMISSION. 1. PRECLEARANCE COMMISSION. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF LAW, A PRECLEARANCE COMMISSION. SUCH ENTITY SHALL BE RESPONSIBLE FOR MAKING DETERMINATIONS ON PRECLEARANCE AND OTHER MATTERS AS ENUMERATED UNDER THIS TITLE. SUCH DETERMINATIONS SHALL BE BASED UPON THE PROVISIONS OF THIS TITLE AND THE RECOMMENDATIONS OF THE CIVIL RIGHTS BUREAU. THIS COMMISSION SHALL HERE- INAFTER BE REFERRED TO AS THE "PRECLEARANCE COMMISSION" OR "COMMISSION" IN THIS TITLE. THE COMMISSION SHALL OPERATE AND MAINTAIN A WEBSITE FOR POSTING PRECLEARANCE SUBMISSIONS AND DECISIONS TO ENSURE THAT THEY ARE ACCESSIBLE TO THE PUBLIC. 2. PRECLEARANCE COMMISSION STRUCTURE AND MEMBERSHIP. (A) THE COMMIS- SION SHALL CONSIST OF THREE MEMBERS TO BE SELECTED AS SET FORTH IN THIS A. 6678--D 11 SECTION AND SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS TITLE. (B) THE GOVERNOR SHALL SELECT ONE MEMBER, AND THE ATTORNEY GENERAL SHALL SELECT ONE MEMBER. UPON THEIR SELECTION BOTH MEMBERS SHALL THEREIN JOINTLY SELECT ONE MEMBER TO SERVE ON SUCH COMMISSION. (C) TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION AN INDIVID- UAL MUST: (I) BE A RESIDENT OF NEW YORK STATE; (II) HAVE DEMONSTRATED EXPERIENCE REPRESENTING OR WORKING ON BEHALF OF MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE; (III) HAVE EXPERIENCE WORKING WITH MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE, IN VOTING IN ELECTIONS IN THE STATE OF NEW YORK, (D) NO INDIVIDUAL SHALL BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION WHO: (I) IS CURRENTLY SERVING IN ANY ELECTED GOVERNMENTAL OFFICE OR HAS WITHIN THE LAST FIVE YEARS SERVED IN ANY ELECTED GOVERNMENTAL OFFICE; (II) IS CURRENTLY SERVING ON ANY BOARD OF ELECTIONS; OR (III) IS CURRENTLY HOLDING ANY OFFICIAL POSITION FOR A POLITICAL PARTY. (E) MEMBERS OF THE COMMISSION SHALL SERVE STAGGERED TERMS. THE FIRST MEMBER SHALL BE CHOSEN BY THE ATTORNEY GENERAL AND SHALL SERVE A TERM OF FIVE YEARS, THE SECOND MEMBER SHALL BE CHOSEN BY THE GOVERNOR AND SHALL SERVE A TERM OF FOUR YEARS AND THE THIRD MEMBER CHOSEN BY THE FIRST TWO MEMBERS SHALL SERVE A TERM OF THREE YEARS. ALL SUBSEQUENT MEMBERS OF THE COMMISSION SHALL BE SELECTED AND APPOINTED AS DESCRIBED IN THIS SECTION AND SHALL SERVE A TERM OF FIVE YEARS, UNLESS SELECTED AND APPOINTED TO COMPLETE A VACANT TERM. (F) THE COMMISSION BY A MAJORITY VOTE SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS TO PRESIDE OVER ITS MEETINGS, OTHER PROCEEDINGS, AND VOTES. THE CHAIRPERSON SHALL SERVE A ONE YEAR TERM. (G) A MAJORITY OF THE MEMBERS OF THE COMMISSION, CONFERRING IN PERSON, TELEPHONICALLY, BY VIDEOCONFERENCE, OR BY OTHER MEANS AS AGREED BY THE COMMISSION, SHALL CONSTITUTE A QUORUM, AND THE COMMISSION SHALL HAVE THE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION WITHOUT VACANCY. (H) MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR ALL REASONABLE AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. (I) MEMBERS OF THE COMMISSION MAY BE REMOVED FOR CAUSE BY MAJORITY VOTE OF THE COMMISSION FOR SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT IN OFFICE, OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY. (J) ANY VACANCY OCCURRING ON THE COMMISSION SHALL BE FILLED WITHIN THIRTY DAYS OF ITS OCCURRENCE, BY THOSE WHO SELECTED THE MEMBER IN SUCH SEAT, TO COMPLETE THE VACANT TERM. (K) NOTHING IN THIS ARTICLE SHALL PREVENT A MEMBER FROM SERVING A SECOND CONSECUTIVE TERM UNLESS SUCH PERSON HAS PREVIOUSLY BEEN REMOVED FOR CAUSE FROM SAID COMMISSION. § 17-212. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE RIGHT TO VOTE IS NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, 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 IMPLEMENTATION 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. A. 6678--D 12 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) METHOD OF ELECTION; (B) FORM OF GOVERNMENT; (C) ANNEXATION OF A POLITICAL SUBDIVISION; (D) INCORPORATION OF A POLITICAL SUBDIVISION; (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS; (F) REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE ACTIVITIES; (G) NUMBER, LOCATION, OR HOURS OF ANY ELECTION DAY OR EARLY VOTING POLL SITE; (H) DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT TO SPECIAL ELECTIONS; (I) REGISTRATION OF VOTERS; (J) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR EARLY VOTING POLL SITES; (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND (L) 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, COLOR, 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 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; (C) 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 THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI- ZEN VOTING AGE POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) 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 ESTAB- LISHED, 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 A. 6678--D 13 POLITICAL SUBDIVISION AND THAT BOARD OF ELECTIONS SHALL BOTH BE DEEMED A COVERED ENTITY. 4. PRECLEARANCE BY THE ATTORNEY GENERAL AND THE PRECLEARANCE COMMIS- SION. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY FROM THE PRECLEARANCE COMMISSION PURSUANT TO THE FOLLOWING PROCESS: (A) THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO THE PRECLEARANCE COMMISSION AND THE CIVIL RIGHTS BUREAU. IF THE COVERED ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL CONTEMPORANEOUS- LY PROVIDE A COPY OF THE COVERED POLICY TO THE STATE BOARD OF ELECTIONS. (B) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS PRACTICABLE BUT NO LATER THAN WITHIN TEN DAYS, THE COMMISSION SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. (C) AFTER PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO COMMENT ON THE SUBMISSION TO THE CIVIL RIGHTS BUREAU WITHIN THE TIME PERIODS SET FORTH BELOW. TO FACILITATE PUBLIC COMMENT, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE. (D) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, THE CIVIL RIGHTS BUREAU SHALL REVIEW THE SUBMISSION AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, PROVIDE A REPORT AND RECOMMENDATION TO THE COMMISSION, WHICH SHALL INCLUDE A RECOMMENDATION AS TO WHETHER, UNDER THIS TITLE, PRECLEARANCE SHOULD BE GRANTED OR DENIED TO THE COVERED POLICY. SUCH TIME PERIOD SHALL RUN CONCURRENT WITH THE TIME PERIODS FOR PUBLIC COMMENT. THE CIVIL RIGHTS BUREAU MAY NOT SUBMIT ITS REPORT AND RECOMMENDATION UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL RIGHTS BUREAU MAY REQUEST MORE INFORMATION FROM A JURISDICTION SUBMIT- TING A COVERED POLICY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASON- ABLE REQUESTS FOR MORE INFORMATION MAY BE GROUNDS FOR THE DENIAL OF PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND RECOMMENDATION SHALL BE POSTED PUBLICLY ON THE PRECLEARANCE COMMISSION'S WEBSITE PROMPTLY AFTER THEY ARE RECEIVED BY THE COMMISSION. PROVIDED, HOWEVER, SUCH COMMUNICATIONS BETWEEN THE CIVIL RIGHTS BUREAU AND THE COMMISSION OR ITS MEMBERS OTHER THAN THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDATION SHALL BE EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. THE CIVIL RIGHTS BUREAU MAY INSTEAD OPT TO GRANT OR DENY PRECLEARANCE DIRECTLY WITHOUT SENDING A RECOMMENDATION TO THE COMMIS- SION. (E) UPON RECEIPT OF THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDA- TION REGARDING A COVERED POLICY SUBMITTED FOR PRECLEARANCE, THE PRECLEARANCE COMMISSION SHALL REVIEW THE COVERED POLICY, THE CIVIL RIGHTS BUREAU'S REPORT AND RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, DENY OR GRANT PRECLEAR- ANCE. IN DETERMINING WHETHER TO DENY OR GRANT PRECLEARANCE, THE COMMIS- SION SHALL GIVE DEFERENCE TO THE CIVIL RIGHTS BUREAU'S RECOMMENDATION UNDER AN "ARBITRARY AND CAPRICIOUS" STANDARD OF REVIEW. IN ANY DETERMI- NATION AS TO PRECLEARANCE, THE COMMISSION SHALL IDENTIFY IN WRITING WHETHER IT IS APPROVING OR REJECTING THE CIVIL RIGHTS BUREAU'S RECOMMEN- DATION. IF THE PRECLEARANCE COMMISSION GRANTS PRECLEARANCE, IT MAY, IN ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY" IN WHICH CASE THE COMMISSION MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY. (I) THE COMMISSION SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES, UPON REVIEW OF THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS A. 6678--D 14 TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. IF THE COMMISSION GRANTS PRECLEARANCE, THE COVERED ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY. (II) IF THE COMMISSION DENIES PRECLEARANCE, THE COMMISSION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED. (III) IF THE COMMISSION FAILS TO RESPOND WITHIN THE TIME FOR RESPONSE AS ESTABLISHED IN THIS SECTION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION ON THE COVERED POLICY SHALL GOVERN. (IV) IF THE COMMISSION'S MEMBERSHIP FALLS BELOW A QUORUM AT ANY TIME, OR DURING ANY TIME PERIOD THAT MAY ELAPSE BETWEEN THE EFFECTIVE DATE OF THIS SECTION AND THE ESTABLISHMENT OF A QUORUM ON THE COMMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION AS TO WHETHER PRECLEARANCE SHOULD BE GRANTED OR DENIED SHALL HAVE THE FORCE OF FINAL PRECLEARANCE DETERMI- NATION UNTIL THE COMMISSION'S QUORUM IS ESTABLISHED OR RESTORED. (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS BUREAU REVIEW, AND THE DECISION OF THE COMMISSION TO GRANT OR DENY PRECLEARANCE ON SUBMISSION SHALL BE AS FOLLOWS: (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION OF POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH- ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL BE FIVE BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN TEN DAYS FOLLOWING THE RECEIPT OF SUCH SUBMISSION AND A SINGLE COMMISSIONER, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT. WITHIN FIVE DAYS SUCH COMMIS- SIONER SHALL, EITHER: (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDA- TION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOM- MENDATION TO THE FULL COMMISSION FOR A DETERMINATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED OR GRANTED. (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE AN EXTENSION OF UP TO TWENTY DAYS TO SUBMIT ITS REPORT AND RECOMMENDA- TION TO THE COMMISSION. IF THE COMMISSIONER INITIALLY ASSIGNED REFERS THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION, THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN FIVE DAYS FROM THE DATE OF REFERRAL. (III) FOR ANY OTHER COVERED POLICY, THE PERIOD FOR PUBLIC COMMENT SHALL BE TEN BUSINESS DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN FORTY DAYS, AND A SINGLE COMMISSIONER, ASSIGNED ON A ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN FIVE DAYS, EITHER: (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDATION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMI- NATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED OR GRANTED. IF THE COMMISSIONER INITIALLY ASSIGNED REFERS THE SUBMISSION AND THE CIVIL RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION FOR A DETERMINATION, THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN TEN DAYS FROM THE DATE OF REFERRAL. IN CONSULTATION WITH THE CIVIL RIGHTS BUREAU, THE COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH. (IV) THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES FOR AN EXPEDITED, EMERGENCY PRECLEARANCE PROCESS IN THE EVENT OF A COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP- TER OR OTHER EXIGENT CIRCUMSTANCES. ANY PRECLEARANCE GRANTED UNDER THIS A. 6678--D 15 PROVISION SHALL BE DESIGNATED "PRELIMINARY" AND THE COMMISSION MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED POLICY. (G) APPEAL OF ANY DENIAL BY THE PRECLEARANCE COMMISSION MAY BE HEARD IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF ALBANY IN A PROCEEDING COMMENCED AGAINST THE COMMISSION, PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, 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. 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 PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES 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. PRECLEARANCE BY PUBLIC NOTICE AND COMMENT. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY THROUGH THE USE OF A PUBLIC NOTICE AND COMMENT PERIOD PURSUANT TO THE FOLLOWING PROCESS: (A) PRIOR TO ENACTING OR SEEKING TO ADMINISTER ANY COVERED POLICIES UNDER SUBDIVISION TWO OF THIS SECTION THE COVERED ENTITY SHALL PUBLISH THE PROPOSED COVERED POLICY CHANGE ON ITS OFFICIAL WEBSITE, ALONG WITH AN EXPLANATION FOR HOW THE CHANGE WOULD NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE, AND PUBLISH GENERAL NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. THE COVERED ENTITY SHALL ALSO PUBLICIZE THE NOTICE THROUGH PRESS RELEASES AND SUCH OTHER MEDIA. THE COVERED ENTITY SHALL NOTIFY THE CIVIL RIGHTS BUREAU AND THE PRECLEARANCE COMMISSION OF ITS INTENT TO USE THE NOTICE AND COMMENT PROCESS TO PRECLEAR A PROPOSED CHANGE. (B) SUCH NOTICE SHALL BE MADE AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE LAST DATE PRESCRIBED IN THE NOTICE FOR PUBLIC COMMENT. A. 6678--D 16 (C) PUBLIC COMMENT SHALL BE ACCEPTED FOR A PERIOD OF NO FEWER THAN THIRTY DAYS. DURING THIS PERIOD, THE COVERED ENTITY SHALL AFFORD INTER- ESTED PERSONS AN OPPORTUNITY TO SUBMIT DATA, VIEWS, AND ARGUMENTS IN WRITING BY MAIL, FAX, OR EMAIL, OR THROUGH AN ONLINE PUBLIC COMMENT PORTAL ON THE OFFICIAL WEBSITE FOR THE LOCALITY IF ONE HAS BEEN ESTAB- LISHED. (D) THE COVERED ENTITY SHALL CONDUCT AT LEAST ONE PUBLIC HEARING DURING THIS PERIOD TO RECEIVE PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. (E) THE COVERED ENTITY MAY MAKE CHANGES TO THE PROPOSED COVERED PRAC- TICE IN RESPONSE TO PUBLIC COMMENT RECEIVED. IN DOING SO, THE REVISED COVERED PRACTICE SHALL BE PUBLISHED AND PUBLIC COMMENT SHALL BE ACCEPTED IN ACCORDANCE WITH THIS SUBSECTION, EXCEPT THE PUBLIC COMMENT PERIOD SHALL BE NO FEWER THAN FIFTEEN DAYS. (F) FOLLOWING THE PUBLIC COMMENT PERIOD OR PERIODS PRESCRIBED, THE COVERED ENTITY SHALL PUBLISH THE FINAL COVERED PRACTICE, WHICH SHALL INCLUDE A PLAIN ENGLISH DESCRIPTION OF THE PRACTICE AND THE TEXT OF AN ORDINANCE IF APPLICABLE, GIVING EFFECT TO THE PRACTICE, MAPS OF PROPOSED BOUNDARY CHANGES, OR OTHER RELEVANT MATERIALS, AND NOTICE THAT THE COVERED PRACTICE WILL TAKE EFFECT IN THIRTY DAYS. (G) DURING THIS THIRTY-DAY WAITING PERIOD, ANY PERSON WHO WILL BE SUBJECT TO, OR AFFECTED BY, THE COVERED PRACTICE MAY CHALLENGE, IN THE SUPREME COURT OF THE LOCALITY WHERE THE COVERED PRACTICE IS TO BE IMPLE- MENTED, THE COVERED PRACTICE AS HAVING THE PURPOSE OR EFFECT OF DIMIN- ISHING THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE. (H) THE PRECLEARANCE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY ASSERT JURISDICTION OVER THE PROPOSED CHANGE UPON RECEIVING NOTICE OF THE COVERED ENTITY'S INTENT TO USE THE NOTICE AND COMMENT PROCESS ANY TIME BEFORE THE CLOSE OF THE PUBLIC COMMENT PERIOD. A SINGLE MEMBER MAY ASSERT JURISDICTION. 7. 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. 8. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN- NING ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY, IN ITS DISCRETION, INITIATE A LOOKBACK REVIEW IN WHICH IT MAY DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN PREVIOUSLY ENACTED BY COVERED JURISDICTIONS. (B) THE COMMISSION OR CIVIL RIGHTS BUREAU MAY ONLY INITIATE A LOOKBACK REVIEW OF COVERED POLICIES THAT WERE ENACTED OR IMPLEMENTED BY A COVERED JURISDICTION ON OR AFTER THE DATE ON WHICH THIS TITLE TAKES EFFECT AND PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. (C) IN ORDER TO INITIATE A LOOKBACK REVIEW, THE COMMISSION OR CIVIL RIGHTS BUREAU MUST PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO REVIEW A COVERED POLICY ENACTED OR IMPLEMENTED BY THAT COVERED ENTITY. UPON RECEIPT OF SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO THE PRECLEARANCE COMMISSION OR CIVIL RIGHTS BUREAU WITHIN THIRTY DAYS. (D) UPON RECEIPT OF A COVERED POLICY FOR LOOKBACK REVIEW, THE COMMIS- SION OR CIVIL RIGHTS BUREAU SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. THE SCHEDULE AND PROCEDURES FOR RECEIVING PUBLIC COMMENT AND EVALUATING A. 6678--D 17 A SUBMISSION THROUGH LOOKBACK REVIEW SHALL REFLECT THE SCHEDULE AND PROCEDURES PROVIDED BY PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION, BASED ON THE TYPE OF POLICY THAT IS THE SUBJECT OF THE SUBMISSION. 9. RULES AND REGULATIONS. 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 SECTION. § 17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE. (B) A VIOLATION OF THIS SUBDIVISION SHALL BE: (I) ESTABLISHED IF A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE, RESTRAINT, ABDUCTION OR DURESS, OR INFLICTS OR THREATENS TO INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRAC- TICES INTIMIDATION THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT- TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (II) ESTABLISHED IF A PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDU- LENT DEVICE, CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTERFERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON 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; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (III) ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER- FERES WITH ACCESS TO ANY POLLING PLACE OR ELECTIONS OFFICE, OR OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS. 2. 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. 3. 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, INCLUDING ANY OTHER STATE OR LOCAL LAW. ANY PARTY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THE FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSA- TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION. § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE A. 6678--D 18 THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE- PARABLE HARM OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE EXPENDITURE TO DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS, ACTIONS BROUGHT PURSUANT TO THIS TITLE SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO- MATIC CALENDAR PREFERENCE. 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) PLAINTIFFS 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. § 17-220. 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 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL BE DEEMED TO HAVE PREVAILED WHEN, AS A RESULT OF LITIGATION, THE DEFENDANT PARTY YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT. PREVAILING DEFEND- ANT PARTIES SHALL NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS THE ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION. § 17-222. 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. § 17-224. 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 paragraph (c) of subdivision seven of section 17-206 of the election law as added by section four of this act shall take effect one year after it shall have become a law; and provided further, however, that section 17-208 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 certi- fy 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 legisla- tive law and section 70-b of the public officers law.
co-Sponsors
Inez E. Dickens
Mathylde Frontus
Catalina Cruz
Karines Reyes
Jo Anne Simon
Linda Rosenthal
Phara Souffrant Forrest
Gina Sillitti
Jeffrey Dinowitz
Emily Gallagher
Kimberly Jean-Pierre
Zohran Mamdani
Pamela J. Hunter
Anna Kelles
Harvey Epstein
Demond Meeks
Michael Benedetto
Vivian Cook
Daniel O'Donnell
Stefani Zinerman
Ron Kim
Charles Lavine
Marcela Mitaynes
Robert C. Carroll
Fred Thiele
Khaleel Anderson
Peter Abbate
Rebecca Seawright
Steven Otis
Al Taylor
Chris Burdick
Rodneyse Bichotte Hermelyn
Kenny Burgos
Richard Gottfried
Amy Paulin
Steven Englebright
Alicia Hyndman
Nathalia Fernandez
Jenifer Rajkumar
Amanda Septimo
Andrew Hevesi
Eddie Gibbs
John T. McDonald III
Chantel Jackson
Manny De Los Santos
Yuh-Line Niou
Philip Ramos
Jen Lunsford
Deborah Glick
Sandy Galef
Yudelka Tapia
Patricia Fahy
J. Gary Pretlow
Jessica Gonzalez-Rojas
Maritza Davila
Harry B. Bronson
Thomas Abinanti
Michaelle C. Solages
Dan Quart
Brian Cunningham
Jose Rivera
Albert A. Stirpe
Crystal Peoples-Stokes
Monique Chandler-Waterman
Sarah Clark
Donna Lupardo
multi-Sponsors
Helene Weinstein
2021-A6678E (ACTIVE) - Details
2021-A6678E (ACTIVE) - Summary
Relates to the John R. Lewis Voting Rights Act of New York; establishes rights of actions for denying or abridging the right of any member of a protected class to vote; provides assistance to language-minority groups; provides for preclearance of certain voting policies
2021-A6678E (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6678--E 2021-2022 Regular Sessions I N A S S E M B L Y March 25, 2021 ___________ Introduced by M. of A. WALKER, DICKENS, FRONTUS, CRUZ, REYES, SIMON, L. ROSENTHAL, FORREST, SILLITTI, DINOWITZ, GALLAGHER, JEAN-PIERRE, MAMDANI, HUNTER, KELLES, EPSTEIN, MEEKS, BENEDETTO, COOK, O'DONNELL, ZINERMAN, KIM, LAVINE, MITAYNES, CARROLL, THIELE, ANDERSON, ABBATE, SEAWRIGHT, OTIS, TAYLOR, BURDICK, BICHOTTE HERMELYN, BURGOS, GOTT- FRIED, PAULIN, ENGLEBRIGHT, HYNDMAN, FERNANDEZ, RAJKUMAR, SEPTIMO, HEVESI, GIBBS, McDONALD, JACKSON, DE LOS SANTOS, NIOU, RAMOS, LUNS- FORD, GLICK, GALEF, TAPIA, FAHY, PRETLOW, GONZALEZ-ROJAS, DAVILA, BRONSON, ABINANTI, SOLAGES, QUART, CUNNINGHAM, J. RIVERA, STIRPE -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Election Law in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted 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, providing assistance to language-minority groups, requiring certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creating civil liability 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)". EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02423-23-2
A. 6678--E 2 § 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 THE ELECTIVE FRAN- CHISE. 17-204. DEFINITIONS. 17-206. PROHIBITIONS ON VOTER DISFRANCHISEMENT. 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 17-210. PRECLEARANCE. 17-212. PROHIBITION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 17-214. AUTHORITY TO ISSUE SUBPOENAS. 17-216. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. 17-218. ATTORNEYS' FEES. 17-220. APPLICABILITY. 17-222. 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, COLOR, 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, COLOR, 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 THE ELECTIVE FRANCHISE. IN FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY THE CONSTITUTION OF THE STATE OF NEW YORK, ALL STATUTES, RULES AND REGULATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRAN- CHISE SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A) PROTECTING THE RIGHT OF VOTERS TO HAVE THEIR BALLOT CAST AND COUNTED; (B) ENSURING THAT ELIGIBLE VOTERS ARE NOT IMPAIRED IN REGISTERING TO VOTE, AND (C) ENSUR- ING VOTERS OF RACE, COLOR, AND LANGUAGE-MINORITY GROUPS HAVE EQUITABLE ACCESS TO FULLY PARTICIPATE IN THE ELECTORAL PROCESS IN REGISTERING TO VOTE AND VOTING. THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS POLICIES AND PRACTICES CANNOT BE SO EXERCISED AS TO UNNECES- SARILY DENY OR ABRIDGE THE RIGHT TO VOTE. POLICIES AND PRACTICES THAT A. 6678--E 3 BURDEN THE RIGHT TO VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPEL- LING POLICY JUSTIFICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE. § 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. FOR THE PURPOSES OF THIS TITLE, 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 A DISTRICTING OR REDISTRICTING 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 EXECUTIVE 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. 5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS OF A RACE, COLOR, OR LANGUAGE-MINORITY GROUP. 5-A. "LANGUAGE MINORITIES" OR "LANGUAGE-MINORITY GROUP" MEANS PERSONS WHO ARE AMERICAN INDIAN, ASIAN AMERICAN, ALASKAN NATIVES OR OF SPANISH HERITAGE. 6. "RACIALLY POLARIZED VOTING" MEANS VOTING IN WHICH THERE IS A DIVER- GENCE IN THE CANDIDATE, POLITICAL PREFERENCES, OR ELECTORAL CHOICE OF MEMBERS IN A PROTECTED CLASS FROM THE CANDIDATES, OR ELECTORAL CHOICE OF THE REST OF THE ELECTORATE. 7. "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT OF 1965, 52 U.S.C. § 10301 ET SEQ., AS AMENDED. 8. THE "CIVIL RIGHTS BUREAU" MEANS THE CIVIL RIGHTS BUREAU OF THE OFFICE OF THE ATTORNEY GENERAL. 9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI- GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT OR ADJUDI- CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION. 10. "DECEPTIVE OR FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION" MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A) THE TIME, PLACE, AND MANNER OF ANY ELECTION; (B) THE QUALIFICATIONS OR RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A STATEMENT OF ENDORSEMENT BY ANY SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR ORGANIZATION. § 17-206. PROHIBITIONS ON VOTER DISENFRANCHISEMENT. 1. PROHIBITION AGAINST VOTER SUPPRESSION. (A) NO VOTING QUALIFICATION, PREREQUISITE TO A. 6678--E 4 VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY SHALL BE ENACTED OR IMPLEMENTED BY ANY BOARD OF ELECTIONS OR POLITICAL SUBDIVISION IN A MANNER THAT RESULTS IN A DENIAL OR ABRIDGE- MENT OF THE RIGHT OF MEMBERS OF A PROTECTED CLASS TO VOTE. (B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE ESTAB- LISHED UPON A SHOWING THAT, BASED ON THE TOTALITY OF THE CIRCUMSTANCES, MEMBERS OF A PROTECTED CLASS HAVE LESS OPPORTUNITY THAN THE REST OF THE ELECTORATE TO ELECT CANDIDATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS. 2. PROHIBITION AGAINST VOTE DILUTION. (A) NO BOARD OF ELECTIONS OR POLITICAL SUBDIVISION SHALL USE ANY METHOD OF ELECTION, HAVING 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 VOTE DILUTION. (B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE ESTAB- LISHED UPON A SHOWING THAT A POLITICAL SUBDIVISION: (I) USED AN AT-LARGE METHOD OF ELECTION AND EITHER: (A) VOTING PATTERNS OF MEMBERS OF THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVI- SION ARE RACIALLY POLARIZED; OR (B) UNDER THE TOTALITY OF THE CIRCUM- STANCES, THE ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDI- DATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; OR (II) USED A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION AND THAT CANDIDATES OR ELECTORAL 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; OR (C) FOR THE PURPOSES OF DEMONSTRATING THAT A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION HAS OCCURRED, EVIDENCE SHALL BE WEIGHED AND CONSIDERED AS FOLLOWS: (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 PROJECTED CHANGES IN POPULATION OR DEMOGRAPHICS SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR, IN DETERMINING AN APPROPRIATE REMEDY. 3. IN DETERMINING WHETHER, UNDER THE TOTALITY OF THE CIRCUMSTANCES, A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION HAS OCCURRED, FACTORS THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE HISTORY OF DISCRIMINATION IN OR AFFECTING THE POLITICAL SUBDIVISION; A. 6678--E 5 (B) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVISION; (C) THE USE OF ANY VOTING QUALI- FICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENYING ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE PROTECTED CLASS TO PROCESSES DETERMINING WHICH GROUPS OF CANDIDATES RECEIVE ACCESS TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER SUPPORT IN A GIVEN ELECTION; (E) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT LOWER RATES; (F) THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLI- TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR- ATE; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISAD- VANTAGED IN AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMINAL JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (H) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISADVANTAGED IN OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTIC- IPATE EFFECTIVELY IN THE POLITICAL PROCESS; (I) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK OF RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION THAT IS SUBSTANTIATED AND SUPPORTED BY EVIDENCE FOR ADOPTING OR MAINTAINING THE METHOD OF ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI- NANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE ANY ADDITIONAL FACTORS FROM BEING CONSIDERED, NOR SHALL ANY SPECIFIED NUMBER OF FACTORS BE REQUIRED IN ESTABLISHING THAT SUCH A VIOLATION HAS OCCURRED. 4. STANDING. ANY AGGRIEVED PERSON, ORGANIZATION WHOSE MEMBERSHIP INCLUDES AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED CLASS, ORGANIZATION WHOSE MISSION, IN WHOLE OR IN PART, IS TO ENSURE VOTING ACCESS AND SUCH MISSION WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE ATTOR- NEY GENERAL MAY FILE AN ACTION AGAINST A POLITICAL SUBDIVISION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN WHICH THE POLI- TICAL SUBDIVISION IS LOCATED. 5. REMEDIES. (A) UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE COURT SHALL IMPLEMENT APPROPRIATE REMEDIES TO ENSURE THAT VOTERS OF RACE, COLOR, AND LANGUAGE-MINORITY GROUPS HAVE EQUITABLE ACCESS TO FULLY PARTICIPATE IN THE ELECTORAL PROCESS, WHICH 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 DISTRICTING OR REDISTRICTING PLANS; (IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT ALL MEMBERS OF THE GOVERNING BODY ARE ELECTED ON THE SAME DATE; (V) REASONABLY INCREASING THE SIZE OF THE GOVERNING BODY; (VI) MOVING THE DATES OF REGULAR ELECTIONS TO BE 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 ARTI- CLE THIRTEEN OF THE CONSTITUTION, UNLESS THE BUDGET IN SUCH POLITICAL SUBDIVISION IS SUBJECT TO DIRECT VOTER APPROVAL PURSUANT TO PART TWO OF ARTICLE FIVE OR ARTICLE FORTY-ONE OF THE EDUCATION LAW; (VII) TRANSFERRING AUTHORITY FOR CONDUCTING THE POLITICAL SUBDIVI- SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED; (VIII) ADDITIONAL VOTING HOURS OR DAYS; (IX) ADDITIONAL POLLING LOCATIONS; A. 6678--E 6 (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL; (XI) ORDERING OF SPECIAL ELECTIONS; (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION; (XIII) REQUIRING ADDITIONAL VOTER EDUCATION; (XIV) MODIFYING THE ELECTION CALENDAR; (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER AS THE COURT MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH PLAN DOES NOT HAVE THE PURPOSE OF DILUTING THE RIGHT TO VOTE ON THE BASIS OF PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN. (B) THE COURT SHALL CONSIDER PROPOSED REMEDIES BY ANY PARTIES AND INTERESTED NON-PARTIES, BUT SHALL NOT PROVIDE DEFERENCE OR PRIORITY TO A PROPOSED REMEDY OFFERED BY THE POLITICAL SUBDIVISION. THE COURT SHALL HAVE THE POWER TO REQUIRE A POLITICAL SUBDIVISION TO IMPLEMENT REMEDIES THAT ARE INCONSISTENT WITH ANY OTHER PROVISION OF LAW WHERE SUCH INCON- SISTENT PROVISION OF LAW WOULD PRECLUDE THE COURT FROM ORDERING AN OTHERWISE APPROPRIATE REMEDY IN SUCH MATTER. 6. PROCEDURES FOR IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS- TRICTING 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 WOULD 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 DISTRICTING OR REDISTRICTING 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 SEVEN OF THIS SECTION, OR THE FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE FEDERAL VOTING RIGHTS ACT. (A) BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING 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-ENGL- ISH-SPEAKING COMMUNITIES, TO EXPLAIN THE DISTRICTING OR REDISTRICTING PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION. (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE FOR RELEASE AT LEAST ONE DRAFT DISTRICTING OR REDISTRICTING PLAN AND, IF MEMBERS OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISION WOULD BE ELECTED IN THEIR DISTRICTS AT DIFFERENT TIMES TO PROVIDE FOR STAGGERED TERMS OF OFFICE, THE POTENTIAL SEQUENCE OF SUCH 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 SHALL BE INVITED TO PROVIDE INPUT REGARDING THE CONTENT OF THE DRAFT DISTRICTING OR REDIS- TRICTING PLAN OR PLANS AND THE PROPOSED SEQUENCE OF ELECTIONS, IF APPLI- CABLE. THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE DRAFT DISTRICTING OR REDISTRICTING 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 A. 6678--E 7 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. 7. 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) 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 THE POLITICAL SUBDIVISION WILL UNDERTAKE TO FACILITATE APPROVAL AND IMPLEMENTATION OF SUCH A REME- DY; 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 SUBDIVISION PASSES A NYVRA RESOLUTION, SUCH POLI- TICAL SUBDIVISION SHALL HAVE NINETY DAYS AFTER SUCH PASSAGE TO ENACT AND IMPLEMENT SUCH REMEDY, DURING WHICH A PROSPECTIVE PLAINTIFF SHALL NOT COMMENCE AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL SUBDI- VISION. FOR ACTIONS AGAINST A SCHOOL DISTRICT, THE COMMISSIONER OF EDUCATION MAY ORDER THE ENACTMENT OF A NYVRA RESOLUTION PURSUANT TO THE COMMISSIONER'S AUTHORITY UNDER SECTION THREE HUNDRED FIVE OF THE EDUCA- TION 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, OR FAILS 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 SUBDIVISION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-210 OF THIS TITLE, THE GOVERNING BODY OF THE POLITICAL SUBDIVISION SHALL UNDERTAKE THE STEPS ENUMERATED IN THE FOLLOWING PROVISIONS: (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 SHALL BE 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 FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL RIGHTS BUREAU SHALL GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL. A. 6678--E 8 (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 WOULD NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE. (V) IF THE CIVIL RIGHTS BUREAU GRANTS APPROVAL, THE NYVRA PROPOSAL SHALL BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. (VI) IF THE POLITICAL SUBDIVISION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-210 OF THIS TITLE, THE POLITICAL SUBDIVISION SHALL NOT BE REQUIRED TO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH SECTION UPON APPROVAL OF THE NYVRA PROPOSAL BY THE CIVIL RIGHTS BUREAU. (VII) IF THE CIVIL RIGHTS BUREAU DENIES APPROVAL, THE NYVRA PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED. THE CIVIL RIGHTS BUREAU SHALL EXPLAIN THE BASIS FOR SUCH DENIAL AND MAY, IN ITS DISCRETION, MAKE RECOMMENDATIONS FOR AN ALTERNATIVE REMEDY FOR WHICH IT WOULD GRANT APPROVAL. (VIII) 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 THE PROSPECTIVE PLAINTIFF PROVIDING THAT SUCH PROSPECTIVE PLAINTIFF SHALL NOT COMMENCE AN ACTION PURSUANT TO THIS SECTION AGAINST THE POLITICAL SUBDIVISION FOR AN ADDITIONAL NINETY DAYS. SUCH AGREEMENT 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. 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. TO THE EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT, EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI- CATION OF RIGHTS. (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IN THE EVENT THAT THE FIRST DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVI- SION'S NEXT REGULAR ELECTION TO SELECT MEMBERS OF ITS GOVERNING BOARD A. 6678--E 9 HAS BEGUN OR IS SCHEDULED TO BEGIN WITHIN THIRTY DAYS, OR IN THE EVENT THAT A POLITICAL SUBDIVISION IS SCHEDULED TO CONDUCT ANY ELECTION WITHIN ONE HUNDRED TWENTY DAYS, A PLAINTIFF ALLEGING ANY VIOLATION OF 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. IN THE EVENT THAT 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 NOTIFICA- TION LETTER, ANY SUCH PLAINTIFF MAY ONLY DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION. 8. COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES MAY FILE AN ACTION JOINTLY PURSUANT TO THIS TITLE IN THE EVENT THAT THEY DEMONSTRATE THAT THE COMBINED VOTING PREFERENCES OF THE MULTIPLE PROTECTED CLASSES ARE POLARIZED AGAINST THE REST OF THE ELECTORATE. § 17-208. 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, BASED ON DATA FROM THE AMERICAN COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE, THAT: (A) MORE THAN TWO PERCENT, BUT IN NO INSTANCE FEWER THAN THREE HUNDRED INDIVIDUALS, OF THE CITIZENS OF VOTING AGE OF A POLITICAL SUBDIVISION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED ENGLISH PROFICIENT. (B) MORE THAN FOUR THOUSAND OF THE CITIZENS OF VOTING AGE OF SUCH POLITICAL SUBDIVISION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED ENGLISH PROFICIENT. (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 ARE LIMITED ENGLISH PROFICIENT. FOR THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERI- CAN" 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. A BOARD OF ELECTIONS OR POLI- TICAL SUBDIVISION REQUIRED TO PROVIDE LANGUAGE ASSISTANCE TO A PARTIC- ULAR LANGUAGE-MINORITY GROUP PURSUANT TO THIS SECTION 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. ANY REGISTRATION OR VOTING NOTICES, FORMS, INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMATION RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED POLITICAL SUBDIVISION, SHALL BE PROVIDED IN THE LANGUAGE OF THE APPLICABLE LANGUAGE-MINORITY GROUP AS WELL AS IN THE ENGLISH LANGUAGE, PROVIDED THAT WHERE THE LANGUAGE OF THE APPLICABLE LANGUAGE-MINORITY GROUP IS HISTORICALLY ORAL OR UNWRITTEN, THE BOARD OF ELECTIONS OR POLITICAL SUBDIVISION SHALL ONLY BE REQUIRED TO FURNISH ORAL INSTRUCTIONS, ASSISTANCE, OR OTHER INFORMATION RELATING TO REGIS- TRATION AND VOTING. A. 6678--E 10 3. ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING MATERIALS. A BOARD OF ELECTIONS OR POLITICAL SUBDIVISION SUBJECT TO THE REQUIRE- MENTS OF THIS SECTION WHICH SEEKS TO PROVIDE ENGLISH-ONLY MATERIALS MAY FILE AN ACTION AGAINST THE STATE FOR A DECLARATORY JUDGMENT PERMITTING SUCH PROVISION. THE COURT SHALL GRANT THE REQUESTED RELIEF IF IT FINDS THAT THE DETERMINATION WAS UNREASONABLE OR AN ABUSE OF DISCRETION. 4. STANDING. ANY AGGRIEVED PERSONS, ORGANIZATION WHOSE MEMBERSHIP INCLUDES AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED CLASS, ORGANIZATION WHOSE MISSION, IN WHOLE OR IN PART, IS TO ENSURE VOTING ACCESS AND SUCH MISSION WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE ATTOR- NEY 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. 5. THIS SECTION SHALL NOT APPLY TO SPECIAL DISTRICTS AS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW. § 17-210. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE RIGHT TO VOTE IS NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, OR LANGUAGE- MINORITY GROUP, THE ENACTMENT OR IMPLEMENTATION OF A COVERED POLICY BY A COVERED ENTITY, AS DEFINED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION RESPECTIVELY, 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) METHOD OF ELECTION; (B) FORM OF GOVERNMENT; (C) ANNEXATION OF A POLITICAL SUBDIVISION; (D) INCORPORATION OF A POLITICAL SUBDIVISION; (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS; (F) REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE ACTIVITIES; (G) NUMBER, LOCATION, OR HOURS OF ANY ELECTION DAY OR EARLY VOTING POLL SITE; (H) DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT TO SPECIAL ELECTIONS; (I) REGISTRATION OF VOTERS; (J) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR EARLY VOTING POLL SITES; (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND (L) ANY ADDITIONAL TOPICS DESIGNATED BY THE CIVIL RIGHTS BUREAU PURSU- ANT TO A RULE PROMULGATED UNDER THE STATE ADMINISTRATIVE PROCEDURE ACT, UPON A DETERMINATION BY THE CIVIL RIGHTS BUREAU THAT A NEW OR MODIFIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY CONCERNING SUCH TOPICS MAY HAVE THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE, COLOR, 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 TWENTY-FIVE YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION OF A. 6678--E 11 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF A PROTECTED CLASS; (C) 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 THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI- ZEN VOTING AGE POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) 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 ESTAB- LISHED, 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 THE ATTORNEY GENERAL. 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. 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) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS PRACTICABLE BUT NO LATER THAN WITHIN TEN DAYS, THE CIVIL RIGHTS BUREAU SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE. (C) AFTER PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO COMMENT ON THE SUBMISSION TO THE CIVIL RIGHTS BUREAU WITHIN THE TIME PERIODS SET FORTH BELOW. TO FACILITATE PUBLIC COMMENT, THE CIVIL RIGHTS BUREAU SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE. (D) UPON SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, THE CIVIL RIGHTS BUREAU SHALL REVIEW THE COVERED POLICY, AND ANY PUBLIC COMMENT, AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, PROVIDE A REPORT AND DETERMINATION AS TO WHETHER, UNDER THIS TITLE, PRECLEARANCE SHOULD BE GRANTED OR DENIED TO THE COVERED POLICY. SUCH TIME PERIOD SHALL RUN CONCURRENT WITH THE TIME PERIODS FOR PUBLIC COMMENT. THE CIVIL RIGHTS BUREAU SHALL NOT MAKE SUCH DETERMINATION UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL RIGHTS BUREAU MAY REQUEST ADDITIONAL INFOR- MATION FROM A COVERED ENTITY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASONABLE REQUESTS FOR MORE INFORMATION MAY BE GROUNDS FOR THE DENIAL OF PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND DETERMI- NATION SHALL BE POSTED PUBLICLY ON ITS WEBSITE. (E) IN ANY DETERMINATION AS TO PRECLEARANCE, THE CIVIL RIGHTS BUREAU SHALL IDENTIFY IN WRITING WHETHER IT IS APPROVING OR REJECTING THE COVERED POLICY; PROVIDED, HOWEVER, THAT THE CIVIL RIGHTS BUREAU MAY, IN ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY" IN WHICH CASE A. 6678--E 12 THE CIVIL RIGHTS BUREAU MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOW- ING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY. (I) THE CIVIL RIGHTS BUREAU SHALL GRANT PRECLEARANCE ONLY IF IT DETER- MINES THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS 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. (II) 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. (III) IF THE CIVIL RIGHTS BUREAU FAILS TO RESPOND WITHIN THE REQUIRED TIME FRAME AS ESTABLISHED IN THIS SECTION, THE COVERED POLICY SHALL BE DEEMED PRECLEARED AND THE COVERED ENTITY MAY ENACT OR IMPLEMENT SUCH COVERED POLICY. (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS BUREAU REVIEW, AND THE DETERMINATION OF THE CIVIL RIGHTS BUREAU TO GRANT OR DENY PRECLEARANCE ON SUBMISSION SHALL BE AS FOLLOWS: (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION OF POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH- ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL BE FIVE BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL REVIEW THE COVERED POLICY, INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINATION TO DENY OR GRANT PRECLEARANCE FOR SUCH COVERED POLICY WITHIN FIFTEEN DAYS FOLLOWING THE RECEIPT OF SUCH COVERED POLICY. (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE AN EXTENSION OF UP TO TWENTY DAYS TO MAKE A DETERMINATION PURSUANT TO THIS PARAGRAPH. (III) FOR ANY OTHER COVERED POLICY, THE PERIOD FOR PUBLIC COMMENT SHALL BE TEN BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL REVIEW THE COVERED POLICY, INCLUDING ANY PUBLIC COMMENT, WITHIN FIFTY-FIVE DAYS FOLLOWING THE RECEIPT OF SUCH COVERED POLICY AND MAKE A DETERMINATION TO DENY OR GRANT PRECLEARANCE FOR SUCH COVERED POLICY. THE CIVIL RIGHTS BUREAU MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH. (IV) THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES FOR AN EXPEDITED, EMERGENCY PRECLEARANCE PROCESS IN THE EVENT OF A COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP- TER OR OTHER EXIGENT CIRCUMSTANCES. ANY PRECLEARANCE GRANTED UNDER THIS PROVISION SHALL BE DESIGNATED "PRELIMINARY" AND THE CIVIL RIGHTS BUREAU MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED POLICY. (G) APPEAL OF ANY DENIAL BY THE CIVIL RIGHTS BUREAU MAY BE HEARD IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF ALBANY IN A PROCEEDING COMMENCED AGAINST THE CIVIL RIGHTS BUREAU, PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FROM WHICH APPEAL MAY BE TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE PROCE- DURE. 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. 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 A. 6678--E 13 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 PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES 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. 7. RULES AND REGULATIONS. THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION. § 17-212. PROHIBITION AGAINST VOTER INTIMIDATION, DECEPTION OR OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE. (B) A VIOLATION OF PARAGRAPH (A) THIS SUBDIVISION SHALL BE ESTABLISHED IF: (I) A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE, RESTRAINT, ABDUCTION OR DURESS, OR INFLICTS OR THREATENS TO INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRACTICES INTIMIDATION THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON 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; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR (II) A PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDULENT DEVICE, CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTER- FERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON 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; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR A. 6678--E 14 (III) A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ACCESS TO ANY POLLING PLACE OR ELECTIONS OFFICE, OR OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS. 2. STANDING. ANY AGGRIEVED PERSONS, ORGANIZATION WHOSE MEMBERSHIP INCLUDES AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED CLASS, ORGANIZATION WHOSE MISSION, IN WHOLE OR IN PART, IS TO ENSURE VOTING ACCESS AND SUCH MISSION WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE ATTOR- NEY 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. 3. 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. ANY PARTY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THE FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSATORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION. § 17-214. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 17-216. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF. BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE- PARABLE HARM OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE EXPENDITURE TO DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS, ACTIONS BROUGHT PURSUANT TO THIS TITLE SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO- MATIC CALENDAR PREFERENCE. 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) PLAINTIFFS 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. § 17-218. 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 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL BE DEEMED TO HAVE PREVAILED WHEN, AS A RESULT OF LITIGATION, THE DEFENDANT PARTY YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT. PREVAILING DEFEND- ANT PARTIES SHALL NOT RECOVER ANY COSTS, UNLESS THE COURT FINDS THE ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION. § 17-220. 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; PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS AND LIBRARIES SHALL CONTINUE TO CONDUCT THEIR ELECTIONS UNDER THE EDUCATION LAW, SUBJECT TO AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS TITLE, TO ENSURE VOTERS OF RACE, COLOR, AND LANGUAGE-MINORITY GROUPS HAVE EQUI- TABLE ACCESS TO FULLY PARTICIPATE IN THE ELECTORAL PROCESS. A. 6678--E 15 § 17-222. 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 paragraph (c) of subdivision seven of section 17-206 of the election law as added by section four of this act shall take effect one year after it shall have become a law; and provided further, however, that section 17-208 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 17-210 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 certi- fy 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 legisla- tive law and section 70-b of the public officers law.
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