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This entry was published on 2022-06-24
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SECTION 17-202
Interpretation of laws related to the elective franchise
Election (ELN) CHAPTER 17, ARTICLE 17, TITLE 2
§ 17-202. Interpretation of laws related to the elective franchise. In
further recognition of the protections for the right to vote provided by
the constitution of the state of New York, all statutes, rules and
regulations, and local laws or ordinances related to the elective
franchise shall be construed liberally in favor of (a) protecting the
right of voters to have their ballot cast and counted; (b) ensuring that
eligible voters are not impaired in registering to vote, and (c)
ensuring voters of race, color, and language-minority groups have
equitable access to fully participate in the electoral process in
registering to vote and voting. The authority to prescribe or maintain
voting or elections policies and practices cannot be so exercised as to
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 justification that must be supported by substantial
evidence.