The New York State Senate

 
                     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.

 
                     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.

 
                     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.

 
                     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.

 
                     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.