Bill Text: NY A04525 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to pre-clearance of voting-related regulations and policies.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2022-07-13 - enacting clause stricken [A04525 Detail]

Download: New_York-2021-A04525-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4525

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by M. of A. WALKER, COOK, JACOBSON, CUSICK, BARRON, HYNDMAN,
          DE LA ROSA,  BICHOTTE HERMELYN,   PICHARDO,   PERRY,   RAMOS,   GALEF,
          JEAN-PIERRE -- read once and referred to the Committee on Election Law

        AN  ACT  to  amend  the  election  law,  in relation to pre-clearance of
          voting-related regulations and policies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Article  8 of the election law is amended by adding a new
     2  title 7 to read as follows:
     3                                  TITLE VII
     4                                PRE-CLEARANCE
     5  Section 8-700. Pre-clearance.
     6    § 8-700. Pre-clearance. 1. To ensure that the right  of  citizens  who
     7  reside in New York to vote is not denied or abridged on account of race,
     8  color,  or language minority status through the enforcement of a voting-
     9  related regulation, procedure or policy that is enacted or  administered
    10  after  the  effective date of this section, the following voting-related
    11  regulations, and policies shall  be  subject  to  pre-clearance  by  the
    12  attorney general pursuant to this title.
    13    2. Before the state board of elections or any local board of elections
    14  enacts  or implements any changes in voting qualification, prerequisites
    15  to voting, administration, regulations, policies,  practices  or  proce-
    16  dures  with  respect to voting affecting: (a) a county with a population
    17  comprised, in the aggregate, of at least ten percent  of  members  of  a
    18  protected  class  over  the preceding decade, as determined by the five-
    19  year estimates of the United States Census  American  Community  Survey,
    20  (b)  a  county  which  has  been  subject to a court order or government
    21  enforcement action based upon a finding of  a  discriminatory  practice,
    22  denial  or  abridgment of the right to vote of a member of the protected
    23  class within the past ten years, or (c) a  county  that  was  previously
    24  subject  to  pre-clearance  under  Section 5 of the Voting Rights Act of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02384-01-1
        A. 4525                             2

     1  1965 and has not been granted a  decree  granting  exemption  from  such
     2  pre-clearance requirements, must submit such changes to the state attor-
     3  ney  general  for  approval. This section shall not apply to any changes
     4  made pursuant to law.
     5    3. The submission seeking pre-clearance approval of such changes shall
     6  be  made,  in writing, to the civil rights bureau of the attorney gener-
     7  al's office, with a copy provided contemporaneously to the  state  board
     8  of elections if made by a county board of elections. The attorney gener-
     9  al  shall,  based  on  the  criteria  stated  in subdivision one of this
    10  section, indicate objections or approval of such submission, in writing,
    11  within sixty days following the receipt of such submission.
    12    4. For purposes of this section, "protected class" shall mean a  class
    13  of  voters  who are members of a race, color or language minority group,
    14  as this class is referenced and defined in the Voting Rights Act of 1965
    15  (52 U.S.C. Sec. 10101 et seq.).
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.