Senate Bill S5386

                                
 
BILL NUMBER: S5386

SPONSOR: PARKER
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 2 of the constitution, in relation to voting rights

 
PURPOSE:

Provides for a constitutional amendment that would prohibit imposing
voting qualifications that would result in a denial or abridgment of the
right of a citizen to vote on account of race or color, religion, gender
preference or disability.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the constitution by adding a new section ten, prohib-
iting voting qualifications or prerequisites to voting that have the
effect of denying or abridging the right of any citizen to vote on
account of race or color, religion, gender preference, or disability. In
              

order to assure the right of any citizen to vote is not denied or
abridge, no citizen shall be denied the right to vote because of a fail-
ure to comply with any prerequisites requiring hint or her to: (1)
demonstrate the ability to read, write, understand, or interpret
anything, (2) demonstrate any education achievement or knowledge with
any particular subject, (3) possess good moral character, (4) pay or
demonstrate payment of any tax, (5) provide government issues photo
identification at a polling site, (6) provide proof of American citizen-
ship at a polling site, or (7) prove his or her qualifications by vouch-
er of registered voters or members of any other class. Finally neither
the state nor any political subdivisions may restrict third-party organ-
izations or individuals from registering voters in good faith.

Section 2: Provides for the procedure, in compliance with section 1 of
Article 19 of the New York State Constitution, for a constitutional
amendment.

 
JUSTIFICATION:

In June 2013, the Supreme Court of the United States invalidated a key
portion of the historic Voting Rights Acts of 1965 in Shelby County v.
Holder. Section 5 of the Act prohibits certain municipalities from
making changes to voting procedures without Federal clearance.  Section
4 of the Act, contained the formula used to determine the states and
municipalities with a history of voting discrimination that had to
comply with Section 5. The Court held that Section 4 was unconstitu-
tional and struck it down, effectively making Section 5 useless until
Congress takes steps to create a new formula. As a result of the deci-
sion, the states and municipalities that had been identified as histor-
ically utilizing discriminatory practices at the ballot box are now free
to require superfluous qualifications in an attempt to curtail the
voting rights of minorities.

Despite the assertions made by the Court in the majority opinion, racial
discrimination still exists. The right of access to voting is one of the
most crucial rights guaranteed us in the New York and federal consti-
tutions. Using pretexts that deny access to the ballot substantially

reduces minority participation in government, which undermines the elec-
toral franchise.

This constitutional amendment will protect the rights of all voters, and
minority, LGBT, elderly or disabled voters, by ensuring that the consti-
tutional right to have one's vote counted is not undermined by legal
strategies that would deny access on the basis of race, color, religion,
gender preference or disability.

 
LEGISLATIVE HISTORY:

2019-20: S4821 - OPINION REFERRED TO JUDICIARY
2017-18: S3894 - OPINION REFERRED TO JUDICIARY
2015-16: S.2797/A.6030 - Opinion Referred to Judiciary
2014: S.6141 - Referred to Judiciary, AG Opinion Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This constitutional amendment would take effect immediately once it has
successfully fulfilled the requirements set forth in Article XI.