§ 17-206. Prohibitions on voter disenfranchisement. 1. Prohibition
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 subdivision in a manner that results in a denial or
abridgement of the right of members of a protected class to vote.

(b) A violation of paragraph (a) of this subdivision shall be
established upon a showing that, based on the totality of the
circumstances, members of a protected class have less opportunity than
the rest of the electorate to elect candidates of their choice or
influence the outcome of elections.

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
established upon a showing that a political subdivision:

(i) used an at-large method of election 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

(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; or

(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
qualification, 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 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
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, 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
attorney general may file an action against a political subdivision
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 to ensure
that voters of race, color, and language-minority groups have equitable
access to fully participate in the electoral process, which 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 regular elections to be 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, unless the budget in such
political subdivision is subject to direct voter approval pursuant to
part two of article five or article forty-one of the education law;

(vii) transferring authority for conducting the political
subdivision'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 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. The court shall
have the power to require a political subdivision 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.

6. Procedures for implementing new or revised districting or
redistricting 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 would 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 districting or redistricting 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 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-English-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 would be elected in their
districts at different times to provide for staggered terms of office,
the potential sequence of such 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 shall be invited to
provide input regarding 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
education 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
political 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 the political subdivision
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 passes a NYVRA resolution,
such political subdivision shall have ninety 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. 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.

(c) If 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 is a covered entity as defined under section
17-210 of this title, the governing body of the political subdivision
shall undertake the steps enumerated in the following provisions:

(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 shall be
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 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
potential violation of this title; (C) the NYVRA proposal is unlikely to
violate the constitution or any federal law; (D) the NYVRA proposal
would 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.

(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 is a covered entity as defined under
section 17-210 of this title, the political subdivision 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 that has passed a NYVRA resolution may
enter into an agreement with the prospective plaintiff providing that
such prospective plaintiff shall not commence an action pursuant to this
section against the political subdivision for an additional ninety days.
Such agreement 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
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 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 mutually 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 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 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
subdivision'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 is scheduled to conduct any election
within one hundred twenty days, a plaintiff 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. In the event that 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 title in the event that they
demonstrate that the combined voting preferences of the multiple
protected classes are polarized against the rest of the electorate.