Relates to certain provisions of the John R. Lewis voting rights act of New York
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 05, 2026 |
referred to election law |
Amends the definition of "racially polarized voting" for purposes of the John R. Lewis voting rights act of New York; relates to prohibitions on voter disenfranchisement; relates to preclearance by the civil rights bureau of certain policies related to voting; provides that a plaintiff that commences an action under the John R. Lewis voting rights act of New York shall send a copy of the complaint to the civil rights bureau within ten days of the commencement of such action.
S T A T E O F N E W Y O R K
________________________________________________________________________
11592
I N A S S E M B L Y
June 5, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Walker) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the John R. Lewis
voting rights act of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 17-204 of the election law, as
added by chapter 226 of the laws of 2022, is amended to read as follows:
6. "Racially polarized voting" means voting in which there is a diver-
gence in the [candidate] CANDIDATES, political preferences, or electoral
[choice] CHOICES of members in a protected class from the candidates,
POLITICAL PREFERENCES, or electoral [choice] CHOICES of [the rest of the
electorate] ANOTHER CLASS OR SET OF CLASSES.
§ 2. Subdivisions 2, 3, 4 and 7 of section 17-206 of the election law,
as added by chapter 226 of the laws of 2022, subparagraph (ii) of para-
graph (b) of subdivision 2, the opening paragraph, paragraph (b) and
subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivision 7 as
amended by chapter 216 of the laws of 2024, are amended to read as
follows:
2. Prohibition against vote dilution. (a) No board of elections or
political subdivision shall use any method of election, having the
effect of impairing the ability of members of a protected class to elect
candidates of their choice or influence the outcome of elections, as a
result of vote dilution.
(b) A violation of paragraph (a) of this subdivision shall be estab-
lished upon a showing that a political subdivision OR BOARD OF
ELECTIONS:
(i) used an at-large method of election and either: (A) voting
patterns of members of the protected class within the political subdivi-
sion are racially polarized; or (B) under the totality of the circum-
stances, the ability of members of the protected class to elect candi-
dates of their choice or influence the outcome of elections is impaired;
or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14264-01-5
A. 11592 2 (ii) used a district-based or alternative method of election and that candidates or electoral choices preferred by members of the protected class would usually be defeated, and either: (A) voting patterns of members of the protected class within the political subdivision are racially polarized; or (B) under the totality of the circumstances, the ability of members of the protected class to elect candidates of their choice or influence the outcome of elections is impaired. (c) For the purposes of demonstrating that a violation of paragraph (a) of this subdivision has occurred, evidence shall be weighed and considered as follows: (i) elections conducted prior to the filing of an action pursuant to this subdivision are more probative than elections conducted after the filing of the action; (ii) evidence concerning elections for members of the governing body of the political subdivision are more probative than evidence concerning other elections; (iii) statistical evidence is more probative than non-statistical evidence; (iv) where there is evidence that more than one protected class of eligible voters are politically cohesive in the political subdivision, members of each of those protected classes may be combined; (v) evidence concerning the intent on the part of the voters, elected officials, or the political subdivision to discriminate against a protected class is not required; (vi) evidence that voting patterns and election outcomes could be explained by factors other than racially polarized voting, including but not limited to partisanship, shall not be considered; (vii) evidence that sub-groups within a protected class have different voting patterns shall not be considered; (viii) evidence concerning whether members of a protected class are geographically compact or concentrated shall not be considered, but may be a factor in determining an appropriate remedy; and (ix) evidence concerning projected changes in population or demographics shall not be considered, but may be a factor[,] in determining an appropriate remedy. 3. In determining whether, under the totality of the circumstances, a violation of subdivision one or two of this section has occurred, factors that may be considered shall include, but not be limited to: (a) the history of discrimination in or affecting the political subdivision; (b) the extent to which members of the protected class have been elected to office in the political subdivision; (c) the use of any voting quali- fication, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy that may enhance the dilutive effects of the election scheme; (d) denying eligible voters or candidates who are members of the protected class to processes determining which groups of candidates receive access to the ballot, financial support, or other support in a given election; (e) the extent to which members of the protected class contribute to political campaigns at lower rates; (f) the extent to which members of a protected class in the state or poli- tical subdivision vote at lower rates than other members of the elector- ate; (g) the extent to which members of the protected class are disad- vantaged in areas including but not limited to education, employment, health, criminal justice, housing, land use, or environmental protection; (h) the extent to which members of the protected class are disadvantaged in other areas which may hinder their ability to partic- ipate effectively in the political process; (i) the use of overt or subtle racial appeals in political campaigns; (j) a significant lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class; and (k) whether the political subdivision OR BOARD OF ELECTIONS has a compelling policy justification that is substantiated and supported by evidence for adopting or main- A. 11592 3 taining the method of election or the voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy. Nothing in this subdivision shall preclude any additional factors from being considered, nor shall any specified number of factors be required in establishing that such a violation has occurred. 4. Standing. Any aggrieved person, organization whose membership includes aggrieved persons or members of a protected class, organization whose mission, in whole or in part, is to ensure voting access and such mission would be hindered by a violation of this section, or the attor- ney general may file an action against a political subdivision OR BOARD OF ELECTIONS pursuant to this section in the supreme court of the county in which the political subdivision OR BOARD OF ELECTIONS is located. 7. Notification requirement and safe harbor for judicial actions. Before commencing a judicial action against a political subdivision OR BOARD OF ELECTIONS 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[,]) OR THE COMMISSIONERS OF THE BOARD OF ELECTIONS against which the action would be brought, asserting that the political subdivision OR BOARD OF ELECTIONS may be in violation of this title. This written notice shall be referred to as a "NYVRA notification letter" in this title. The NYVRA notification letter shall specify the potential violation or violations alleged and shall contain a statement of facts to support such allegation; provided, however, that failure to so specify shall not be a basis for dismissal of such judicial action, but may affect the calculation of reimbursement pursuant to paragraph (e) of this subdivision. The prospective plaintiff shall also send by first class mail or email a copy of the NYVRA notifi- cation letter to the civil rights bureau. For actions against a school district or any other political subdivision that holds elections governed by the education law, the prospective plaintiff shall also send by certified mail a copy of the NYVRA notification letter to the commis- sioner of education. (a) A prospective plaintiff shall not commence a judicial action against a political subdivision OR BOARD OF ELECTIONS under this section within fifty days of sending to the political subdivision OR BOARD OF ELECTIONS 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 OR BOARD OF ELECTIONS may pass a resolution affirming: (i) the political subdivision's OR BOARD OF ELECTIONS' intention to enact and implement a remedy for a potential violation of this title; (ii) specific steps the political subdivision OR BOARD OF ELECTIONS will undertake to facilitate 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 subdivision OR BOARD OF ELECTIONS passes a NYVRA resol- ution, such political subdivision OR BOARD OF ELECTIONS shall have nine- ty days after such passage to enact and implement such remedy, during which a prospective plaintiff shall not commence an action to enforce this section against the political subdivision OR BOARD OF ELECTIONS. For actions against a school district, the commissioner of education may order the enactment of a NYVRA resolution pursuant to the commissioner's authority under section three hundred five of the education law. Within seven days of passing a NYVRA resolution, the political subdivision OR A. 11592 4 BOARD OF ELECTIONS shall send by first class mail or email a copy of the resolution to the civil rights bureau. (c) If A BOARD OF ELECTIONS OR the governing body of a political subdivision lacks the authority under this title or applicable state law or local laws to enact or implement a remedy identified in a NYVRA resolution, or fails to enact or implement a remedy identified in a NYVRA resolution, within ninety days after the passage of the NYVRA resolution, or if the political subdivision OR BOARD OF ELECTIONS is a covered entity as defined under section 17-210 of this title, the BOARD OF ELECTIONS OR THE governing body of the political subdivision shall undertake the steps enumerated in the following provisions: (i) The BOARD OF ELECTIONS OR governing body of the political subdivi- sion may approve a proposed remedy that complies with this title and submit such a proposed remedy to the civil rights bureau no later than one hundred twenty days after the passage of the NYVRA resolution. Such a submission shall be referred to as a "NYVRA proposal" in this title. (ii) Prior to passing a NYVRA proposal, the political subdivision OR BOARD OF ELECTIONS shall hold at least one public hearing, at which the public shall be invited to provide input regarding the NYVRA proposal. Before this hearing, the political subdivision OR BOARD OF ELECTIONS may conduct outreach to the public, including to non-English-speaking commu- nities, to encourage public participation. (iii) Within sixty days of receipt of a NYVRA proposal, the civil rights bureau shall grant or deny approval of the NYVRA proposal. The civil rights bureau may invoke an extension of up to twenty days to review the proposal. (iv) The civil rights bureau shall only grant approval to the NYVRA proposal if it concludes that: (A) the political subdivision OR BOARD OF ELECTIONS may be in violation of this title; (B) the NYVRA proposal would remedy any potential violation of this title cited in the NYVRA notification letter and would not give rise to any other violation of this title; (C) the NYVRA proposal is unlikely to violate the constitu- tion or any relevant federal law; and (D) implementation of the NYVRA proposal is feasible. (v) If the civil rights bureau grants approval, the NYVRA proposal shall be enacted and implemented immediately, notwithstanding any other provision of law, including any other state or local law. (vi) If the political subdivision OR BOARD OF ELECTIONS is a covered entity as defined under section 17-210 of this title, the political subdivision OR BOARD OF ELECTIONS shall not be required to obtain preclearance for the NYVRA proposal pursuant to such section upon approval of the NYVRA proposal by the civil rights bureau. (vii) If the civil rights bureau denies approval, the NYVRA proposal shall not be enacted or implemented. The civil rights bureau shall explain the basis for such denial and may, in its discretion, make recommendations for an alternative remedy for which it would grant approval. (viii) If the civil rights bureau does not respond, the NYVRA proposal shall not be enacted or implemented. (d) A political subdivision OR BOARD OF ELECTIONS that has passed a NYVRA resolution may enter into an agreement with the prospective plain- tiff providing that such prospective plaintiff shall not commence an action pursuant to this section against the political subdivision OR BOARD OF ELECTIONS for an additional ninety days. Such agreement shall include a requirement that [either] the political subdivision OR BOARD OF ELECTIONS shall EITHER enact and implement a remedy that complies A. 11592 5 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 OR BOARD OF ELECTIONS enacts or imple- ments 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 plaintiff 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 subdivision. A political subdivision OR BOARD OF ELECTIONS may request additional documentation if the provided documen- tation is insufficient to corroborate the claimed costs. A political subdivision OR BOARD OF ELECTIONS shall reimburse a prospective plain- tiff for reasonable costs claimed, or in an amount to which the parties mutually agree. The cumulative amount of reimbursements to all prospec- tive 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 average, 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 OR BOARD OF ELECTIONS are unable to come to a mutual agreement, either party may file a declaratory judgment action to obtain a clarification of rights. (f) Notwithstanding the provisions of this subdivision, in the event that the first day for designating petitions for a political subdivi- sion's next regular election to select members of its governing board has begun or is scheduled to begin within thirty days, or in the event that a political subdivision OR BOARD OF ELECTIONS is scheduled to conduct any election within one hundred twenty days, a plaintiff alleg- ing any violation of this title may commence a judicial action against a political subdivision OR BOARD OF ELECTIONS 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 judi- cial action, any such plaintiff shall also submit a NYVRA notification letter to the political subdivision OR BOARD OF ELECTIONS. In the event that a judicial action commenced under this provision is withdrawn or dismissed for mootness because the political subdivision OR BOARD OF ELECTIONS 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. § 3. Paragraph (b) of subdivision 5 of section 17-206 of the election law, as added by chapter 226 of the laws of 2022, is amended to read as follows: (b) The court shall consider proposed remedies by any parties and interested non-parties, but shall not provide deference or priority to a proposed remedy offered by the political subdivision OR BOARD OF ELECTIONS. The court shall have the power to require a political subdi- vision OR BOARD OF ELECTIONS to implement remedies that are inconsistent with any other provision of law where such inconsistent provision of law would preclude the court from ordering an otherwise appropriate remedy in such matter. A. 11592 6 § 4. Subdivisions 1, 2, 3, 4, 5 and 7 of section 17-210 of the election law, subdivisions 1, 2, 4 and 5 as added by chapter 226 of the laws of 2022, subdivision 3, subparagraph (ii) of paragraph (f) of subdivision 4 and subdivision 7 as amended by chapter 216 of the laws of 2024, are amended to read as follows: 1. Preclearance. To ensure that the right to vote is not denied or abridged on account of race, color, or language-minority group, the enactment or implementation of a covered policy by a covered entity, as defined in subdivisions two and three of this section respectively, shall be subject to preclearance by EITHER the civil rights bureau or by a designated court as set forth in this section. 2. Covered policies. A "covered policy" shall include any new or modi- fied voting qualification, prerequisite to voting, law, ordinance, stan- dard, practice, procedure, regulation, or policy concerning any of the following topics: (a) Method of election; (b) Form of government; (c) Annexation of a political subdivision; (d) Incorporation of a political subdivision; (e) Consolidation or division of political subdivisions; (f) Removal of voters from enrollment lists or other list maintenance activities; (g) Number[,] OR location[, or hours] of any election day or early voting poll site; (h) HOURS OF ANY ELECTION DAY OR EARLY VOTING POLL SITE; (I) Dates of elections and the election calendar, except with respect to special elections; [(i)] (J) Registration of voters; [(j)] (K) Assignment of election districts to election day or early voting poll sites; [(k)] (L) Assistance offered to members of a language-minority group; and [(l)] (M) Any additional topics designated by the civil rights bureau pursuant to a rule promulgated under the state administrative procedure act, upon a determination by the civil rights bureau that a new or modi- fied voting qualification, prerequisite to voting, law, ordinance, stan- dard, practice, procedure, regulation, or policy concerning such topics may have the effect of denying or abridging the right to vote on account of race, color, or language-minority group. 3. Covered entity. A "covered entity" shall include: (a) any political subdivision OR BOARD OF ELECTIONS 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 consti- tution, or a voting-related violation of the fourteenth amendment to the United States constitution; (b) any political subdivision OR BOARD OF ELECTIONS 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 voting age 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 A. 11592 7 proportion that the protected class constitutes of the citizen voting age population of the county as a whole by at least twenty percentage points at any point within the previous ten years; (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 individuals within the political subdivision at any point within the previous ten years; (e) any political subdivision in which a board of elections has been established, IF SUCH BOARD OF ELECTIONS IS A COVERED ENTITY OR if such political subdivision contains a covered enti- ty fully within its borders; or (f) any board of elections that has been established in a political subdivision that is a covered entity pursuant to paragraph (a), (b), (c), (d) or (e) of this subdivision. 4. Preclearance by the attorney general. A covered entity may obtain preclearance for a covered policy from the civil rights bureau, PROVIDED THAT NO APPLICATION FOR PRECLEARANCE CONCERNING SUCH COVERED POLICY IS THEN PENDING BEFORE ANY COURT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, pursuant to the following process: (a) The covered entity shall submit the covered policy in writing to the civil rights bureau. If the covered entity is a county or city board of elections, it shall contemporaneously provide a copy of the covered policy to the state board of elections. (b) Upon submission of a covered policy for preclearance, as soon as practicable but no later than within ten days, the civil rights bureau shall publish the submission on its website. (c) After publication of a submission, there shall be an opportunity for members of the public to comment on the submission to the civil rights bureau within the time periods set forth below. To facilitate public comment, the civil rights bureau shall provide an opportunity for members of the public to sign up to receive notifications or alerts regarding submission of a covered policy for preclearance. (d) Upon submission of a covered policy for preclearance, the civil rights bureau shall review the covered policy, and any public comment, and shall, within the time periods set forth below, provide a report and determination as to whether, under this title, preclearance should be granted or denied to the covered policy. Such time period shall run concurrent with the time periods for public comment. The civil rights bureau shall not make such determination until the period for public comment is closed; PROVIDED, HOWEVER, THAT THE CIVIL RIGHTS BUREAU MAY GRANT PRECLEARANCE ON A PRELIMINARY BASIS BEFORE SUCH COMMENT PERIOD HAS CLOSED. The civil rights bureau may request additional information from a covered entity at any time during its review to aid in developing its report and recommendation. The failure to timely comply with reasonable requests for more information may be grounds for the denial of preclear- ance. The civil rights bureau's reports and determination shall be post- ed publicly on its website. (e) In any determination as to preclearance, the civil rights bureau shall identify in writing whether it is approving or rejecting the covered policy; provided, however, that the civil rights bureau may, in its discretion, designate preclearance as "preliminary" in which case the civil rights bureau may deny preclearance within sixty days follow- ing the receipt of submission of the covered policy. (i) The civil rights bureau shall grant preclearance only if it deter- mines that the covered policy will not diminish the ability of protected A. 11592 8 class members to participate in the political process and to elect their preferred candidates to office. If the civil rights bureau grants preclearance, the covered entity may enact or implement the covered policy immediately. (ii) If the civil rights bureau denies preclearance, the civil rights bureau shall interpose objections explaining its basis and the covered policy shall not be enacted or implemented. (iii) If the civil rights bureau fails to respond within the required time frame as established in this section, the covered policy shall be deemed precleared and the covered entity may enact or implement such covered policy. (f) The time periods for public comment, civil rights bureau review, and the determination of the civil rights bureau to grant or deny preclearance on submission shall be as follows: (i) For any covered policy concerning the designation or selection of poll sites or the assignment of election districts to poll sites, wheth- er for election day or early voting, the period for public comment shall be five business days. The civil rights bureau shall review the covered policy, including any public comment, and make a determination to deny or grant preclearance for such covered policy within fifteen BUSINESS days following the receipt of such covered policy. (ii) The civil rights bureau may invoke an extension of up to twenty BUSINESS days to make a determination pursuant to this paragraph, if the civil rights bureau determines that good cause exists for such exten- sion. (iii) For any other covered policy, the period for public comment shall be ten business days. The civil rights bureau shall review the covered policy, including any public comment, within fifty-five BUSINESS days following the receipt of such covered policy and make a determi- nation to deny or grant preclearance for such covered policy. The civil rights bureau may invoke up to two extensions of ninety days each. (iv) The civil rights bureau is hereby authorized to promulgate rules for an expedited, emergency preclearance process in the event of a covered policy occurring during or imminently preceding an election as a result of any disaster within the meaning of section 3-108 of this chap- ter or other exigent circumstances. Any preclearance granted under this provision shall be designated "preliminary" and the civil rights bureau may deny preclearance within sixty days following receipt of the covered policy. (g) Appeal of any denial by the civil rights bureau may be heard in the supreme court for the county of New York or the county of Albany in a proceeding commenced BY THE COVERED ENTITY SUBJECT TO THE DETERMI- NATION against the civil rights bureau, pursuant to article seventy- eight of the civil practice law and rules, from which appeal may be taken according to the ordinary rules of appellate 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, PROVIDED THAT NO APPLI- CATION FOR PRECLEARANCE CONCERNING SUCH COVERED POLICY IS THEN PENDING BEFORE THE CIVIL RIGHTS BUREAU PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, pursuant to the following process: (a) The covered entity shall [submit the covered policy in writing to] FILE A VERIFIED PETITION AND PROPOSED ORDER TO SHOW CAUSE, NAMING THE ATTORNEY GENERAL AS RESPONDENT, WITH THE SUPREME COURT FOR the following A. 11592 9 designated [court] COUNTY in the judicial department within which the covered entity is located: (i) first judicial department: New York coun- ty; (ii) second judicial department: Westchester county; (iii) third judicial department: Albany county; and (iv) fourth judicial department: Erie county. THE PETITION SHALL SET FORTH EACH COVERED POLICY FOR WHICH THE COVERED ENTITY SEEKS PRECLEARANCE IN A SEPARATE COUNT AND SHALL APPEND AFFIDAVITS AND OTHER EVIDENCE, INCLUDING EXPERT EVIDENCE AS NECESSARY, SUFFICIENT TO PROVE THAT EACH SUCH COVERED POLICY SATISFIES THE REQUIREMENTS FOR PRECLEARANCE PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION. IF A PETITION CONTAINS MULTIPLE COVERED POLICIES, THE ATTORNEY GENERAL MAY MOVE FOR SEVERANCE SO THAT THE COVERED POLICIES MAY BE ADDRESSED IN SEPARATE PROCEEDINGS. THE ORDER TO SHOW CAUSE MAY PROVIDE FOR AN INITIAL APPEARANCE UPON THE SCHEDULED RETURN DATE, PROVIDED THAT THE RETURN DATE SHALL THEREAFTER BE ADJOURNED AS NECESSARY TO ALLOW FOR ADEQUATE REVIEW OF THE APPLICATION BY THE ATTORNEY GENERAL AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION. SIMULTANEOUSLY WITH THE FILING OF THE PETITION, THE COVERED ENTITY SHALL FILE A REQUEST FOR JUDICIAL INTERVENTION REQUESTING THE ASSIGNMENT OF A JUDGE. If the covered entity is a county or city board of elections, it shall contem- poraneously provide a copy of the [covered policy] PETITION 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)] WITHIN THREE BUSINESS DAYS OF FILING A PETITION, THE COVERED ENTITY SHALL FILE AN AFFIDAVIT DEMONSTRATING THAT A COPY OF THE APPLICA- TION WAS PROVIDED TO THE CIVIL RIGHTS BUREAU IN THE MANNER SPECIFIED BY SUCH BUREAU, WHICH SHALL CONSTITUTE SERVICE OF THE PETITION. IF NO SUCH AFFIDAVIT IS TIMELY FILED, THE COURT SHALL AUTOMATICALLY DISMISS THE PETITION WITHOUT PREJUDICE, AND PRECLEARANCE SHALL BE DENIED. (C) UPON THE ATTORNEY GENERAL'S RECEIPT OF A PETITION, THE ATTORNEY GENERAL SHALL BE PERMITTED TO REVIEW THE PETITION AND ASSERT A POSITION OR NO POSITION AS TO WHETHER PRECLEARANCE IS APPROPRIATE AS PROVIDED HEREIN, AND THE RETURN DATE ON THE PETITION SHALL BE ADJOURNED, BY STIP- ULATION, ORDER OF THE COURT, OR OTHERWISE, AS NECESSARY TO ALLOW FOR SUCH ADEQUATE REVIEW. IF THE ATTORNEY GENERAL DETERMINES THAT THE INFOR- MATION PROVIDED BY THE PETITIONER WITH THE APPLICATION IS INSUFFICIENT FOR THE ATTORNEY GENERAL TO ADEQUATELY REVIEW THE APPLICATION, THE ATTORNEY GENERAL MAY REQUEST THE PETITIONER PROVIDE ANY OMITTED INFORMA- TION, DOCUMENT, OR FILE. IF THE PETITIONER FAILS TO PROVIDE THE INFORMA- TION, DOCUMENT, OR FILE REQUESTED, OR FAILS TO DEMONSTRATE THAT ANY REQUESTED INFORMATION, DOCUMENT, OR FILE IS UNAVAILABLE AFTER THE EXER- CISE OF DUE DILIGENCE, THE ATTORNEY GENERAL MAY MOVE TO DISMISS THE PETITION. SUCH REQUESTS FOR INFORMATION BY THE ATTORNEY GENERAL AND RESPONSES BY THE PETITIONER SHALL NOT BE FILED WITH THE COURT UNLESS OTHERWISE ORDERED. UPON THE COMPLETION OF THE ATTORNEY GENERAL'S REVIEW, THE ATTORNEY GENERAL SHALL FILE EITHER A NOTICE OF THE ATTORNEY GENER- AL'S ELECTION NOT TO TAKE ANY POSITION CONCERNING THE PETITION OR AN ANSWER TO THE PETITION, WHICH SHALL ADMIT OR DENY WHETHER EACH COVERED POLICY SET FORTH IN THE PETITION SATISFIES THE REQUIREMENTS FOR PRECLEARANCE SET FORTH IN PARAGRAPH (H) OF THIS SUBDIVISION. THE ATTOR- NEY GENERAL'S FAILURE TO TIMELY FILE EITHER A NOTICE OR AN ANSWER SHALL A. 11592 10 BE DEEMED AS THE ATTORNEY GENERAL NOT TAKING ANY POSITION CONCERNING THE PETITION. (D) IF THE ATTORNEY GENERAL FILES A NOTICE OF ELECTION NOT TO TAKE ANY POSITION CONCERNING THE PETITION, THE PETITION SHALL BE DEEMED FULLY SUBMITTED ON THAT DATE. THE COURT SHALL REVIEW THE RECORD, INCLUDING ANY SUBMISSIONS MADE PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, HOLD ANY HEARINGS OR PROCEEDINGS THE COURT DEEMS NECESSARY, AND DETERMINE WHETHER EACH COVERED POLICY SET FORTH IN THE PETITION SATISFIES THE REQUIREMENTS FOR PRECLEARANCE SET FORTH IN PARAGRAPH (H) OF THIS SUBDIVISION. WITHIN SIXTY DAYS FOLLOWING THE SUBMISSION, THE COURT SHALL ISSUE JUDGMENT GRANTING OR DENYING PRECLEARANCE ACCORDINGLY. (E) IF THE ATTORNEY GENERAL FILES AN ANSWER ADMITTING THAT ANY COVERED POLICY SATISFIES THE REQUIREMENTS FOR PRECLEARANCE, THERE SHALL BE NO REPLY BY THE PETITIONER AND THE APPLICATION SHALL BE DEEMED FULLY SUBMITTED ON THAT DATE. THE COURT MAY HOLD ANY HEARINGS OR PROCEEDINGS THE COURT DEEMS NECESSARY. THE COURT SHALL ISSUE JUDGMENT NO LATER THAN SIXTY DAYS FROM THE DATE THE APPLICATION IS DEEMED FULLY SUBMITTED. (F) IF THE ATTORNEY GENERAL FILES AN ANSWER DENYING THAT ANY COVERED POLICY SATISFIES THE REQUIREMENTS FOR PRECLEARANCE, THE PETITIONER SHALL BE PERMITTED A REPLY, AFTER WHICH THE MATTER SHALL BE DEEMED FULLY SUBMITTED TO THE COURT ON A DATE SET BY STIPULATION, ORDER OF THE COURT, OR OTHERWISE. THE COURT SHALL REVIEW THE RECORD, INCLUDING ANY SUBMISSIONS MADE PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, HOLD ANY HEARINGS OR PROCEEDINGS THE COURT DEEMS NECESSARY, AND DETERMINE WHETHER EACH COVERED POLICY SET FORTH IN THE PETITION SATISFIES THE REQUIREMENTS FOR PRECLEARANCE SET FORTH IN PARAGRAPH (H) OF THIS SUBDIVISION. WITHIN SIXTY DAYS FOLLOWING THE SUBMISSION, THE COURT SHALL ISSUE JUDGMENT GRANTING OR DENYING PRECLEARANCE ACCORDINGLY. (G) THE COURT SHALL MAKE PROVISION FOR THE CONSIDERATION OF THE VIEWS OF AGGRIEVED PERSONS OR ORGANIZATIONS AS THE COURT DEEMS APPROPRIATE, INCLUDING THROUGH INTERVENTION WITH LEAVE OF COURT, THE ACCEPTANCE OF AMICUS CURIAE SUBMISSIONS, OR INFORMAL METHODS OF SUBMISSION. (H) 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)] (I) If the court denies preclearance, or fails to respond within [sixty days] THE TIMEFRAMES SET FORTH IN THIS SUBDIVISION, the covered policy shall not be enacted or implemented. [(f)] (J) Appeal of any denial may be taken BY THE COVERED ENTITY SUBJECT TO THE DETERMINATION according to the ordinary rules of appel- late procedure. Due to the frequency and urgency of elections, [actions] PROCEEDINGS brought pursuant to this section BY COVERED ENTITIES shall be subject to expedited pretrial and trial proceedings and receive an automatic calendar preference on appeal, SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION. 7. Notification. (a) Any political subdivision OR BOARD OF ELECTIONS that becomes subject to a court order or government enforcement action as provided in paragraph (a) or (b) of subdivision three of this section shall notify the civil rights bureau within thirty days of the issuance of such order or enforcement action. (b) Any political subdivision OR BOARD OF ELECTIONS that becomes involved in litigation concerning voting shall notify the civil rights bureau within thirty days of the commencement of such litigation. A. 11592 11 (c) No more than thirty days after publication of a list of covered entities by the civil rights bureau, each covered entity included in such list shall notify the civil rights bureau of the name, email address, and telephone number of an individual with the authority to submit covered policies for preclearance on behalf of the covered enti- ty. Each such covered entity shall notify the civil rights bureau within thirty days of any material change to the information required pursuant to this paragraph. § 5. Section 17-214 of the election law, as amended by chapter 216 of the laws of 2024, is amended to read as follows: § 17-214. [Enforcement] ATTORNEY GENERAL AUTHORITIES AND MISCELLANEOUS PROVISIONS. 1. Enforcement by the attorney general. If the civil rights bureau concludes that a submission by a political subdivision or any other party is insufficient to complete its review, the civil rights bureau may request that the party provide additional information, and the time periods for review provided in this title shall recommence upon receipt of such information. If such information is not provided, such time periods for review shall not apply. 2. 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. 3. Preclearance. Covered entities shall provide information relevant to preclearance to the civil rights bureau upon request. 4. ANY PLAINTIFF THAT COMMENCES A JUDICIAL ACTION UNDER THIS TITLE SHALL SEND A COPY OF THE COMPLAINT TO THE CIVIL RIGHTS BUREAU BY FIRST CLASS MAIL OR EMAIL WITHIN TEN DAYS OF THE COMMENCEMENT OF SUCH ACTION. § 6. Section 17-222 of the election law, as added by chapter 226 of the laws of 2022, is amended to read as follows: § 17-222. Severability. If any provision of this title or its applica- tion to any person, political subdivision, BOARD OF ELECTIONS, or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this title which can be given effect with- out the invalid provision or application, and to this end the provisions of this title are severable. § 7. This act shall take effect immediately.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.