Senate Bill S6079

                                 
BILL NUMBER: S6079

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 article two of the the constitution by aiding a new
section ten.

Section 2: The foregoing amendment be referred to the first regular
legislative session convening after the next succeeding general election
              

of members of the assembly, and, in conformity with section 1of article
19 of such constitution, be published for 3 months previous to the time
of such elections.

 
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:

2023-24: S7187 - OPINION REFERRED TO JUDICIARY

2021-22: S5386 - OPINION REFERRED TO JUDICIARY

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 o Judiciary

 
FISCAL IMPLICATIONS:

None

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