Bill Text: NY A10841 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts into law major components of legislation which are necessary, but not sufficient, to ensure all eligible voters in the State of New York have the opportunity to exercise their rights under the Constitution of the State of New York related to the elective franchise, including Article I, Section 1 and Article II, Section 1; freedom of expression and association, including Article 1 Sections 8 and 9; equal protection of the laws, including Article I, Section 11; and an equal opportunity to participate in free and fair elections, including Article III, Sections 4 and 5.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-09-09 - print number 10841a [A10841 Detail]

Download: New_York-2019-A10841-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10841--A

                   IN ASSEMBLY

                                      July 24, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Walker,
          Dickens, Frontus, Perry, Cruz, Richardson, Reyes)  --  read  once  and
          referred  to  the  Committee  on Election Law -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to amend the election law, in relation to establishing the John
          R. Lewis Voting Rights Act of New York, establishing rights of  action
          for  denying  or  abridging  of the right of any member of a protected
          class to vote, establishing and maintaining a  statewide  database  of
          voting  and  election  data, providing assistance to language-minority
          groups, requiring certain political subdivisions to receive  preclear-
          ance for potential violations of the NYVRA, and creating civil liabil-
          ity for voter intimidation

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

     1    Section 1. This act shall be known and may be cited as  the  "John  R.
     2  Lewis Voting Rights Act of New York (NYVRA)".
     3    §  2. Sections 17-100 through 17-170 of article 17 of the election law
     4  are designated title 1 and a new title  heading  is  added  to  read  as
     5  follows:

     6                    VIOLATIONS OF THE ELECTIVE FRANCHISE

     7    §  3. The article heading of article 17 of the election law is amended
     8  to read as follows:

     9              [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE

    10    § 4. Article 17 of the election law is amended by adding a new title 2
    11  to read as follows:
    12                                   TITLE 2
    13                 JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
    14  Section 17-200. Legislative purpose and statement of public policy.
    15          17-202. Interpretation of laws related to elective franchise.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14845-05-0

        A. 10841--A                         2

     1          17-204. Definitions.
     2          17-206. Rights of action.
     3          17-208. Maintenance of voting and election data.
     4          17-210. Assistance for language-minority groups.
     5          17-212. Preclearance.
     6          17-214. Civil liability for voter intimidation.
     7          17-216. Attorneys' fees.
     8          17-218. Applicability.
     9          17-220. Severability.
    10    § 17-200. Legislative  purpose  and  statement  of public policy.   In
    11  recognition of the protections for the right to  vote  provided  by  the
    12  constitution  of  the  state of New York, which substantially exceed the
    13  protections for the right to vote provided by the  constitution  of  the
    14  United  States, and in conjunction with the constitutional guarantees of
    15  equal protection, freedom of  expression,  and  freedom  of  association
    16  under the law and against the denial or abridgement of the voting rights
    17  of  members  of a race, ethnicity, or language-minority group, it is the
    18  public policy of the state of New York to:
    19    1. Encourage participation in the elective franchise by  all  eligible
    20  voters to the maximum extent; and
    21    2.  Ensure that eligible voters who are members of racial, ethnic, and
    22  language-minority groups shall have an equal opportunity to  participate
    23  in  the  political processes of the state of New York, and especially to
    24  exercise the elective franchise.
    25    § 17-202. Interpretation of laws related to elective  franchise.    In
    26  further recognition of the protections for the right to vote provided by
    27  the constitution of the state of New York, statutes related to the elec-
    28  tive  franchise  shall be construed liberally in favor of protecting the
    29  right to cast an effective ballot.
    30    § 17-204. Definitions. For the purposes of this title:
    31    1. "At-large" method of election means a method of electing members to
    32  the governing body of a political subdivision: (a) in which all  of  the
    33  voters  of the entire political subdivision elect each of the members to
    34  the governing body; (b) in which the candidates are required  to  reside
    35  within given areas of the political subdivision and all of the voters of
    36  the  entire  political  subdivision  elect  each  of  the members to the
    37  governing body; or (c) that combines at-large elections  with  district-
    38  based elections, unless the only member of the governing body of a poli-
    39  tical subdivision elected at-large holds exclusively executive responsi-
    40  bilities.  At-large  method  of  election does not include ranked-choice
    41  voting, cumulative voting, and limited voting.
    42    2. "District-based" method of election  means  a  method  of  electing
    43  members to the governing body of a political subdivision using an appor-
    44  tionment  plan in which each member of the governing body resides within
    45  a district or ward that is a divisible part of the political subdivision
    46  and is elected only by voters residing within  that  district  or  ward,
    47  except  for a member of the governing body that holds exclusively execu-
    48  tive responsibilities.
    49    3. "Alternative" method of election means a method of electing members
    50  to the governing body of a political subdivision using  a  method  other
    51  than  at-large or district-based, including, but not limited to, ranked-
    52  choice voting, cumulative voting, and limited voting.
    53    4. "Political subdivision" means a geographic area  of  representation
    54  created  for  the  provision  of government services, including, but not
    55  limited to, a county, city, town, village, school district, or any other
    56  district organized pursuant to state or local law.

        A. 10841--A                         3

     1    5. "Protected class" means a class of eligible voters who are  members
     2  of  a  race,  ethnicity,  or  language-minority group, as referenced and
     3  defined in the federal voting rights act.
     4    6.  "Racially  polarized  voting"  means  voting  in  which there is a
     5  difference in the candidate or electoral choice preferred by members  in
     6  a  protected  class,  and the candidate or electoral choice preferred by
     7  the rest of the  electorate.  The  methodologies  for  estimating  group
     8  voting  behavior  as approved in applicable federal cases to enforce the
     9  federal voting rights act to establish racially polarized voting may  be
    10  used  for purposes of this subdivision to prove that elections are char-
    11  acterized by racially polarized voting, but  those  methodologies  shall
    12  not be the exclusive means of proving racially polarized voting.
    13    7.  "Federal voting rights act" means the federal Voting Rights Act of
    14  1965, 52 U.S.C. § 10301 et seq.
    15    8. The "civil rights bureau" means the  civil  rights  bureau  of  the
    16  office of the attorney general.
    17    § 17-206. Rights   of   action.  1.  Right  of  action  against  voter
    18  suppression. (a) No voting qualification, prerequisite to  voting,  law,
    19  ordinance, standard, practice, procedure, regulation, or policy shall be
    20  enacted  or  implemented by any board of elections or political subdivi-
    21  sion in a manner that results in a denial or abridgement of the right of
    22  any member of a protected class to vote.
    23    (b) A violation is established  if,  based  on  the  totality  of  the
    24  circumstances,  members  of a protected class have less opportunity than
    25  other members of the electorate to participate in the political  process
    26  or  elect  candidates  or  electoral choices preferred by members of the
    27  protected class.
    28    (c) Circumstances that may be considered include, but are not  limited
    29  to,  the  extent to which members of a protected class have been elected
    30  to office in the state or political subdivision and the extent to  which
    31  members  of a protected class in the state or political subdivision vote
    32  at lower rates than other members of the electorate.
    33    (d) For political subdivisions where either  the  primary  or  general
    34  election  is  held  on a date that is not concurrent with the primary or
    35  general election dates for state, county, or city office as  established
    36  in  section  eight of article three or section eight of article thirteen
    37  of the constitution, and in state law, there shall be a presumption that
    38  the date of election results in the denial or abridgement of  the  right
    39  to  vote where for three consecutive general elections in which there is
    40  at least one contested race for an office, the number of  actual  voters
    41  in each contested election is less than twenty-five percent of the total
    42  number  of votes cast in the most recent general election for the presi-
    43  dency of the United States by voters in the political subdivision, or in
    44  which, for any protected class consisting of at least twenty-five  thou-
    45  sand  citizens  of  voting  age  or  whose members comprise at least ten
    46  percent of the citizen voting age population, the percent of members  of
    47  that  protected  class  that  are  actual voters is at least twenty-five
    48  percent lower than the percent of citizens of voting age  that  are  not
    49  members of that protected class that are actual voters.
    50    2.  Right  of  action against vote dilution. (a) A method of election,
    51  including at-large, district-based, or alternative, shall not  have  the
    52  effect of impairing the ability of members of a protected class to elect
    53  candidates  of  their choice or influence the outcome of elections, as a
    54  result of the dilution or the abridgment of the rights of members of the
    55  protected class.
    56    (b) A violation of this subdivision shall be:

        A. 10841--A                         4

     1    (i) established if a political subdivision uses an at-large method  of
     2  election  and it is shown that either: (A) voting patterns of members of
     3  the protected class within the political subdivision are racially polar-
     4  ized; or (B) under the totality of the  circumstances,  the  ability  of
     5  members  of  the  protected class to elect candidates of their choice or
     6  influence the outcome of elections is impaired.
     7    (ii) established if a political subdivision uses a  district-based  or
     8  alternative  method of election and it is shown that candidates or elec-
     9  toral choices preferred by members of the protected class would  usually
    10  be defeated, and either: (A) voting patterns of members of the protected
    11  class  within  the  political subdivision are racially polarized; or (B)
    12  under the totality of the circumstances, the ability of members  of  the
    13  protected  class  to  elect  candidates of their choice or influence the
    14  outcome of elections is impaired.
    15    (iii) presumptively established if it  is  shown  that  the  political
    16  subdivision used race, ethnicity, or language-minority group, or another
    17  characteristic  that serves as a proxy for race, ethnicity, or language-
    18  minority group, for the purpose of apportionment. A  political  subdivi-
    19  sion  shall only rebut this presumption by showing that race, ethnicity,
    20  or language-minority group, or another characteristic that serves  as  a
    21  proxy  for  race, ethnicity, or language-minority group, was used to the
    22  extent necessary to comply with this title, the  federal  voting  rights
    23  act, the constitution, or the constitution of the United States.
    24    (c)  In  assessing whether voting patterns of members of the protected
    25  class within the political subdivision are racially polarized or whether
    26  candidates or electoral choices preferred by members  of  the  protected
    27  class  would  usually be defeated:  (i) elections conducted prior to the
    28  filing of an action pursuant to this subdivision are more probative than
    29  elections conducted after  the  filing  of  the  action;  (ii)  evidence
    30  concerning  elections for members of the governing body of the political
    31  subdivision are more probative than evidence concerning other elections;
    32  (iii)  statistical  evidence  is  more  probative  than  non-statistical
    33  evidence;  (iv)  where  there  is  evidence that more than one protected
    34  class of eligible voters  are  politically  cohesive  in  the  political
    35  subdivision, members of each of those protected classes may be combined;
    36  (v)  evidence  concerning  the intent on the part of the voters, elected
    37  officials, or  the  political  subdivision  to  discriminate  against  a
    38  protected  class is not required; (vi) evidence that voting patterns and
    39  election outcomes could be explained  by  factors  other  than  racially
    40  polarized  voting,  including but not limited to partisanship, shall not
    41  be considered; (vii) evidence that sub-groups within a  protected  class
    42  have  different voting patterns shall not be considered; (viii) evidence
    43  concerning whether members  of  a  protected  class  are  geographically
    44  compact  or concentrated shall not be considered, but may be a factor in
    45  determining an appropriate remedy; and (ix) evidence concerning project-
    46  ed changes in population or demographics shall not  be  considered,  but
    47  may be a factor, in determining an appropriate remedy.
    48    (d) In assessing whether, under the totality of the circumstances, the
    49  ability  of  members of the protected class to elect candidates of their
    50  choice or influence the outcome of elections is impaired,  factors  that
    51  may  be considered shall include, but not be limited to: (i) the history
    52  of discrimination in the political subdivision,  geographic  region,  or
    53  the  state; (ii) the extent to which members of the protected class have
    54  been elected to office in the political subdivision; (iii)  the  use  of
    55  any voting qualification, prerequisite to voting, law, ordinance, stand-
    56  ard,  practice,  procedure,  regulation,  or policy that may enhance the

        A. 10841--A                         5

     1  dilutive effects of the election scheme; (iv) denial of access of either
     2  eligible voters or candidates who are members of the protected class  to
     3  those  processes  determining  which  groups  of candidates will receive
     4  access  to  the  ballot,  financial support, or other support in a given
     5  election; (v) the  extent  to  which  members  of  the  protected  class
     6  contribute  to  political  campaigns  at lower rates; (vi) the extent to
     7  which members of a protected class in the state or political subdivision
     8  vote at lower rates than other members  of  the  electorate;  (vii)  the
     9  extent  to  which  members  of  the protected class are disadvantaged in
    10  areas including but not limited to education, employment, health, crimi-
    11  nal justice, housing, land use, or environmental protection; (viii)  the
    12  extent  to  which  members  of  the protected class are disadvantaged in
    13  other areas which may hinder their ability to participate effectively in
    14  the political process; (ix) the use of overt or subtle racial appeals in
    15  political campaigns; (x) a significant lack  of  responsiveness  on  the
    16  part  of elected officials to the particularized needs of members of the
    17  protected class; and  (xi)  whether  the  political  subdivision  has  a
    18  compelling  policy  justification for adopting or maintaining the method
    19  of election. No factor is dispositive  or  necessary  to  establish  the
    20  existence  of  racially  polarized  voting.  Evidence  of  these factors
    21  concerning the state, private actors, or other political subdivisions in
    22  the geographic region may be  considered  but  is  less  probative  than
    23  evidence concerning the political subdivision itself.
    24    3.  Standing.  Any  aggrieved  person,  organization  whose membership
    25  includes or is likely to include aggrieved persons,  organization  whose
    26  mission would be frustrated by a violation of this section, organization
    27  that  would expend resources in order to fulfill its mission as a result
    28  of a violation of this section, or the  attorney  general  may  file  an
    29  action  pursuant  to  this section in the supreme court of the county in
    30  which the political subdivision is located.
    31    4. Remedies. (a) Upon a finding of a violation  of  any  provision  of
    32  this  section,  the  court shall implement appropriate remedies that are
    33  tailored to remedy the violation. Remedies may include, but shall not be
    34  limited to:
    35    (i) a district-based method of election;
    36    (ii) an alternative method of election;
    37    (iii) new or revised apportionment plans;
    38    (iv) elimination of staggered elections so that  all  members  of  the
    39  governing body are elected on the same date;
    40    (v) increasing the size of the governing body;
    41    (vi)  moving  the dates of elections to be concurrent with the primary
    42  or general election dates for state, county, or city  office  as  estab-
    43  lished  in  section  eight  of article three or section eight of article
    44  thirteen of the constitution;
    45    (vii) additional voting hours or days;
    46    (viii) additional polling locations;
    47    (ix) additional means of voting such as voting by mail;
    48    (x) ordering of special elections;
    49    (xi) requiring expanded opportunities for voter registration;
    50    (xii) requiring additional voter education;
    51    (xiii) modifying the election calendar; or
    52    (xiv) the restoration or addition of persons to registration lists.
    53    (b) The court shall only adopt a remedy that  will  not  diminish  the
    54  ability  of  minority groups to participate in the political process and
    55  to elect their preferred candidates to office.  The court shall consider
    56  proposed remedies by any parties and interested non-parties,  and  shall

        A. 10841--A                         6

     1  not  provide  deference  or  priority to a proposed remedy because it is
     2  proposed by the  political  subdivision.  This  title  gives  the  court
     3  authority  to  implement remedies notwithstanding any other provision of
     4  state or local law.
     5    5. Procedures for implementing new or revised apportionment plans. The
     6  governing  body of a political subdivision with the authority under this
     7  title and all applicable state and local laws to enact and  implement  a
     8  new  method  of  election  that will replace the political subdivision's
     9  at-large method of election with a district-based or alternative  method
    10  of  election,  or  enact  and  implement a new apportionment plan, shall
    11  undertake each of the steps enumerated in this subdivision, if  proposed
    12  subsequent  to  receipt  of  a  NYVRA notification letter, as defined in
    13  subdivision six of this section, or the filing of a  claim  pursuant  to
    14  this title or the federal voting rights act.
    15    (a) Before drawing a draft apportionment plan or plans of the proposed
    16  boundaries  of  the  districts,  the political subdivision shall hold at
    17  least two public hearings over a period of no more than thirty days,  at
    18  which  the  public is invited to provide input regarding the composition
    19  of the districts. Before these hearings, the political  subdivision  may
    20  conduct outreach to the public, including to non-English-speaking commu-
    21  nities,  to  explain  the  apportionment process and to encourage public
    22  participation.
    23    (b) After all draft  apportionment  plans  are  drawn,  the  political
    24  subdivision  shall  publish  and make available for release at least one
    25  draft apportionment plan and, if members of the governing  body  of  the
    26  political  subdivision  will  be elected in their districts at different
    27  times to provide for staggered terms of office, the  potential  sequence
    28  of the elections. The political subdivision shall also hold at least two
    29  additional  hearings  over  a period of no more than forty-five days, at
    30  which the public is invited to provide input regarding  the  content  of
    31  the  draft  apportionment  plan  or  plans  and the proposed sequence of
    32  elections, if applicable.  The draft apportionment plan or  plans  shall
    33  be  published  at least seven days before consideration at a hearing. If
    34  the draft apportionment plan or plans are  revised  at  or  following  a
    35  hearing,  the  revised versions shall be published and made available to
    36  the public for at least seven days before being adopted.
    37    (c) In determining  the  final  sequence  of  the  district  elections
    38  conducted  in  a political subdivision in which members of the governing
    39  body will be elected at different times to provide for  staggered  terms
    40  of  office,  the  governing body shall give special consideration to the
    41  purposes of this title, and it shall take into account  the  preferences
    42  expressed by members of the districts.
    43    6.  Notification  requirement  and  safe  harbor for judicial actions.
    44  Before commencing a judicial  action  against  a  political  subdivision
    45  under this section, a prospective plaintiff shall send by certified mail
    46  a  written  notice to the clerk of the political subdivision, or, if the
    47  political subdivision does not have a clerk, the governing body  of  the
    48  political  subdivision,  against  which  the  action  would  be brought,
    49  asserting that the political subdivision may be  in  violation  of  this
    50  title. This written notice shall be referred to as a "NYVRA notification
    51  letter"  in  this  title.  For  actions against a school district or any
    52  other political subdivision that holds elections governed by the  educa-
    53  tion  law, the prospective plaintiff shall also send by certified mail a
    54  copy of the NYVRA notification letter to the commissioner of education.

        A. 10841--A                         7

     1    (a) A prospective plaintiff  shall  not  commence  a  judicial  action
     2  against  a political subdivision under this section within fifty days of
     3  sending to the political subdivision a NYVRA notification letter.
     4    (b) Before receiving a NYVRA notification letter, or within fifty days
     5  of mailing of a NYVRA notification letter, the governing body of a poli-
     6  tical  subdivision  may  pass  a resolution affirming: (i) the political
     7  subdivision's intention to enact and implement a remedy for a  potential
     8  violation of this title; (ii) specific steps it will undertake to facil-
     9  itate approval and implementation of such a remedy; and (iii) a schedule
    10  for  enacting and implementing such a remedy. Such a resolution shall be
    11  referred to as a "NYVRA resolution" in this title. If a political subdi-
    12  vision passes a NYVRA resolution,  a  prospective  plaintiff  shall  not
    13  commence  an action to enforce this section against the political subdi-
    14  vision within ninety days  of  the  resolution's  passage.  For  actions
    15  against  a  school district, the commissioner of education may order the
    16  enactment of an NYVRA resolution pursuant to the commissioner's authori-
    17  ty under section three hundred five of the education law.
    18    (c) If the governing body of a political subdivision lacks the author-
    19  ity under this title or applicable state law or local laws to  enact  or
    20  implement  a  remedy identified in a NYVRA resolution within ninety days
    21  after the passage of the NYVRA resolution, or if the political  subdivi-
    22  sion  is a covered entity as defined under section 17-212 of this title,
    23  the governing body of the political subdivision may undertake the  steps
    24  enumerated  in  the  following provisions upon passage of a NYVRA resol-
    25  ution:
    26    (i) The governing body of the  political  subdivision  may  approve  a
    27  proposed remedy that complies with this title and submit such a proposed
    28  remedy  to the civil rights bureau.  Such a submission shall be referred
    29  to as a "NYVRA proposal" in this title.
    30    (ii) Prior to passing a  NYVRA  proposal,  the  political  subdivision
    31  shall  hold  at least one public hearing, at which the public is invited
    32  to provide input regarding the NYVRA proposal.  Before this hearing, the
    33  political subdivision may conduct outreach to the public,  including  to
    34  non-English-speaking communities, to encourage public participation.
    35    (iii)  Within  sixty  days  of  receipt of a NYVRA proposal, the civil
    36  rights bureau shall either grant or deny approval of the NYVRA proposal.
    37    (iv) The civil rights bureau shall only grant approval  to  the  NYVRA
    38  proposal  if  it concludes that: (A) the political subdivision may be in
    39  violation of this title; (B) the NYVRA proposal would remedy any  poten-
    40  tial  violation  of  this  title;  (C) the NYVRA proposal is unlikely to
    41  violate the constitution or any federal law; (D) the NYVRA proposal will
    42  not diminish the ability of minority groups to participate in the  poli-
    43  tical process and to elect their preferred candidates to office; and (E)
    44  implementation  of  the  NYVRA  proposal  is  feasible. The civil rights
    45  bureau may grant approval to  the  NYVRA  proposal  notwithstanding  any
    46  other provision of state or local law.
    47    (v)  If  the  civil  rights bureau grants approval, the NYVRA proposal
    48  shall be enacted and implemented immediately, notwithstanding any  other
    49  provision  of  state  or  local  law.  If the political subdivision is a
    50  covered entity as defined under section  17-212  of  this  title,  there
    51  shall  be no need for the political subdivision to also obtain preclear-
    52  ance for the NYVRA proposal pursuant to such section.
    53    (vi) If the civil rights bureau denies approval,  the  NYVRA  proposal
    54  shall not be enacted or implemented. The civil rights bureau may, in its
    55  discretion, interpose objections explaining its basis or indicate anoth-
    56  er NYVRA proposal for which it would grant approval.

        A. 10841--A                         8

     1    (vii)  If the civil rights bureau does not respond, the NYVRA proposal
     2  shall not be enacted or implemented.
     3    (d)  A  political  subdivision  that has passed a NYVRA resolution may
     4  enter into an agreement with a prospective plaintiff who sends  a  NYVRA
     5  notification  letter  providing  that such a prospective plaintiff shall
     6  not commence an action to enforce this  section  against  the  political
     7  subdivision for an additional ninety days. This written agreement may be
     8  referred to as a "NYVRA extension agreement". The NYVRA extension agree-
     9  ment  shall  include a requirement that either the political subdivision
    10  shall enact and implement a remedy that complies with this title or  the
    11  political  subdivision  shall pass a NYVRA proposal and submit it to the
    12  civil rights bureau.
    13    (e) If, pursuant to  a  process  commenced  by  a  NYVRA  notification
    14  letter,  a  political  subdivision  enacts or implements a remedy or the
    15  civil rights bureau grants approval to a NYVRA proposal,  a  prospective
    16  plaintiff who sent the NYVRA notification letter may, within thirty days
    17  of  the  enactment  or  implementation  of the remedy or approval of the
    18  NYVRA proposal, demand reimbursement for the cost of  the  work  product
    19  generated to support the NYVRA notification letter. A prospective plain-
    20  tiff  shall make the demand in writing and shall substantiate the demand
    21  with financial documentation, such as a detailed invoice for  demography
    22  services  or for the analysis of voting patterns in the political subdi-
    23  vision. A political subdivision may request additional documentation  if
    24  the  provided  documentation  is insufficient to corroborate the claimed
    25  costs. A political subdivision shall reimburse a  prospective  plaintiff
    26  for reasonable costs claimed, or in an amount to which the parties mutu-
    27  ally  agree,  within  forty-five  days  of receiving the written demand,
    28  except that if more  than  one  prospective  plaintiff  is  entitled  to
    29  reimbursement, the political subdivision shall reimburse the prospective
    30  plaintiffs  in  the  order in which they sent NYVRA notification letters
    31  and the forty-five day time period described herein shall apply only  to
    32  reimbursement  of  the  first  prospective  plaintiff who sent a written
    33  notice. The cumulative  amount  of  reimbursements  to  all  prospective
    34  plaintiffs,  except  for  actions brought by the attorney general, shall
    35  not exceed forty-three thousand dollars, as  adjusted  annually  to  the
    36  consumer  price  index for all urban consumers, United States city aver-
    37  age, as published by the United States department of labor.
    38    (f) Notwithstanding the provisions of this subdivision, if  the  first
    39  day for designating petitions for a political subdivision's next regular
    40  election to select members of its governing board has begun or is sched-
    41  uled to begin within thirty days, or if a political subdivision is sche-
    42  duled  to  conduct any election within one hundred twenty days, a plain-
    43  tiff alleging that the mode of election or apportionment plan in  effect
    44  for that election will violate this title may commence a judicial action
    45  against  a  political  subdivision under this section, provided that the
    46  relief sought by such a plaintiff includes preliminary relief  for  that
    47  election. Prior to or concurrent with commencing such a judicial action,
    48  any  such plaintiff shall also submit a NYVRA notification letter to the
    49  political  subdivision.  If  a  judicial  action  commenced  under  this
    50  provision  is  withdrawn or dismissed for mootness because the political
    51  subdivision has enacted or implemented a  remedy  or  the  civil  rights
    52  bureau  has  granted  approval of a NYVRA proposal pursuant to a process
    53  commenced by a NYVRA notification letter, any such  plaintiff  may  only
    54  demand reimbursement pursuant to this subdivision.
    55    7.  Expedited judicial proceedings and preliminary relief.  Because of
    56  the frequency of elections, the severe consequences and irreparable harm

        A. 10841--A                         9

     1  of holding elections under unlawful conditions, and the  expenditure  to
     2  defend potentially unlawful conditions that benefit incumbent officials,
     3  actions  brought  pursuant to this section shall be subject to expedited
     4  pretrial and trial proceedings and receive an automatic calendar prefer-
     5  ence.  In  any  action  alleging  a violation of this section in which a
     6  plaintiff party seeks preliminary relief with  respect  to  an  upcoming
     7  election, the court shall grant relief if it determines that: (a) plain-
     8  tiffs  are  more likely than not to succeed on the merits; and (b) it is
     9  possible to implement an  appropriate  remedy  that  would  resolve  the
    10  alleged violation in the upcoming election.
    11    §  17-208.  Maintenance of voting and election data. 1.  Establishment
    12  of a statewide database. There shall be  established  within  the  state
    13  university  of New York a repository of the data necessary to assist the
    14  state and all political subdivisions with evaluating whether and to what
    15  extent existing laws and practices with respect to voting and  elections
    16  are  consistent  with  the public policy expressed in this title, imple-
    17  menting best practices in voting and elections to achieve  the  purposes
    18  of this title, and to investigate potential infringements upon the right
    19  to  vote.  This  repository shall be referred to as the "statewide data-
    20  base" in this title.
    21    2. Director of the statewide database. The operation of the  statewide
    22  database  shall  be  the responsibility of the director of the statewide
    23  database, hereinafter referred to in this title as the  "director",  who
    24  shall  be  a  member  of the faculty of the state university of New York
    25  with doctoral-level expertise in demography, statistical  analysis,  and
    26  electoral systems.  The director shall be appointed by the governor.
    27    3.  Statewide database staff. The director shall appoint such staff as
    28  are necessary to implement and maintain the statewide database.
    29    4. Data, information, and estimates maintained. The statewide database
    30  shall maintain in electronic format at  least  the  following  data  and
    31  records for at least the previous twelve year period:
    32    (a)  Estimates  of  the  total  population, voting age population, and
    33  citizen voting age population by race, ethnicity, and  language-minority
    34  group,  broken  down  to  the  election district level on a year-by-year
    35  basis for every political subdivision in the state, based on  data  from
    36  the  United  States census bureau, American community survey, or data of
    37  comparable quality collected by a public office.
    38    (b) Election results at the election district level for  every  state-
    39  wide election and every election in every political subdivision.
    40    (c)  Contemporaneous  voter  registration  lists, voter history files,
    41  election day poll site locations, and early voting site  locations,  for
    42  every election in every political subdivision.
    43    (d)  Contemporaneous  maps, descriptions of boundaries, and shapefiles
    44  for election districts.
    45    (e) Election day or early voting poll sites including, but not limited
    46  to, lists of election districts  assigned  to  each  polling  place,  if
    47  applicable.
    48    (f) Apportionment plans for every election in every political subdivi-
    49  sion.
    50    (g)  Any  other  data that the director deems advisable to maintain in
    51  furtherance of the purposes of this title.
    52    5. Public availability of data. Except for any data,  information,  or
    53  estimates  that identifies individual voters, the data, information, and
    54  estimates maintained by the statewide database shall  be  posted  online
    55  and made available to the public at no cost.

        A. 10841--A                        10

     1    6.  Data  on race, ethnicity, and language-minority groups. The state-
     2  wide database shall prepare any estimates made pursuant to this  section
     3  by  applying  the  most advanced, peer-reviewed, and validated methodol-
     4  ogies.
     5    7.  Calculation  and publication of political subdivisions required to
     6  provide assistance to language-minority groups. On  or  before  February
     7  twenty-eighth,  two thousand twenty-one and every third year thereafter,
     8  the statewide database shall publish on its web site and transmit to the
     9  state board of elections for  dissemination  to  the  county  boards  of
    10  elections  and  for  the  state education department a list of political
    11  subdivisions required pursuant to this section to provide assistance  to
    12  members  of  language-minority  groups  and each language in which those
    13  political subdivisions are required to provide assistance. The boards of
    14  elections shall transmit the list  described  herein  to  all  political
    15  subdivisions within their jurisdiction.
    16    8.  Duty to send data and information to statewide database.  Upon the
    17  certification of election results and the completion of the voter histo-
    18  ry file after each election,  each  election  authority  shall  transmit
    19  copies  of:  (a)  election  results  at the election district level; (b)
    20  contemporaneous voter registration lists; (c) voter history  files;  (d)
    21  maps, descriptions, and shapefiles for election districts; and (e) lists
    22  of  election day poll site and early voting sites and lists, shapefiles,
    23  or descriptions of the election districts assigned to each election  day
    24  poll  site  or  early voting site. As used in this subdivision, the term
    25  "election authority" refers to  the  agency  primarily  responsible  for
    26  maintaining  the  records listed in subdivision four of this section and
    27  include any board of election, as well as general purpose local  govern-
    28  ments  or  special  purpose  local governments that administer their own
    29  elections or maintain their own voting and election records.
    30    9. Technical assistance to political subdivisions. Staff at the state-
    31  wide database may provide non-partisan technical assistance to political
    32  subdivisions, scholars, and  the  general  public  seeking  to  use  the
    33  resources of the statewide database.
    34    10.  Presumption  of  validity.  The  data, information, and estimates
    35  maintained by the statewide  database  shall  be  granted  a  rebuttable
    36  presumption of validity by any court concerning any claim brought pursu-
    37  ant to this title.
    38    § 17-210. Assistance for language-minority groups. 1. Political subdi-
    39  visions required to provide language assistance. A board of elections or
    40  a   political  subdivision  that  administers  elections  shall  provide
    41  language-related assistance in voting and elections to a language-minor-
    42  ity group in a political subdivision if the director  determines,  based
    43  on data from the American community survey, or data of comparable quali-
    44  ty collected by a public office, that:
    45    (a) more than two percent of the citizens of voting age of a political
    46  subdivision  are  members  of a single language-minority group and speak
    47  English "less than  very  well"  according  to  the  American  community
    48  survey;
    49    (b)  more  than  four  thousand  of the citizens of voting age of such
    50  political subdivision are members of a  single  language-minority  group
    51  and speak English "less than very well" according to the American commu-
    52  nity survey; or
    53    (c)  in  the  case of a political subdivision that contains all or any
    54  part of a Native American reservation, more  than  two  percent  of  the
    55  Native American citizens of voting age within the Native American reser-
    56  vation are members of a single language-minority group and speak English

        A. 10841--A                        11

     1  "less  than  very well" according to the American community survey.  For
     2  the purposes of this paragraph, "Native American" is defined to  include
     3  any persons recognized by the United States census bureau or New York as
     4  "American Indian" or "Alaska Native".
     5    2.  Language  assistance  to be provided. When the director determines
     6  that a  board  of  elections  or  political  subdivision  shall  provide
     7  language  assistance  to  a  particular  minority  group,  such board of
     8  elections or political subdivision shall provide voting materials in the
     9  covered language of  an  equal  quality  of  the  corresponding  English
    10  language  materials,  including  registration  or voting notices, forms,
    11  instructions, assistance, or other materials or information relating  to
    12  the  electoral  process, including ballots.   Whenever any such board of
    13  elections or political subdivision provides any registration  or  voting
    14  notices, forms, instructions, assistance, or other materials or informa-
    15  tion  relating to the electoral process, including ballots, in a covered
    16  political subdivision, it shall provide them  in  the  language  of  the
    17  applicable  minority  group as well as in the English language, provided
    18  that where the language of the applicable  minority  group  is  oral  or
    19  unwritten  or  in  the case of some American Indians, if the predominant
    20  language is historically unwritten, the board of elections or  political
    21  subdivision  is  only required to furnish oral instructions, assistance,
    22  or other information relating to registration and voting.
    23    3. Action for declaratory judgment for English-only voting  materials.
    24  A  board  of  elections  or  political  subdivision  that  shall provide
    25  language assistance to a  particular  minority  group,  which  seeks  to
    26  provide  English-only materials notwithstanding the determination of the
    27  director, may file an action against the state for a  declaratory  judg-
    28  ment  permitting  such  provision.  The  court shall grant the requested
    29  relief if it finds that the determination of the director was  unreason-
    30  able or an abuse of discretion.
    31    § 17-212. Preclearance.  1.  Preclearance. To ensure that the right to
    32  vote is not denied  or  abridged  on  account  of  race,  ethnicity,  or
    33  language-minority  group, as a result of the enactment or implementation
    34  of a covered policy, as defined in  subdivision  two  of  this  section,
    35  after  the  effective date of this section, the enactment or implementa-
    36  tion of a covered policy by a covered entity, as defined in  subdivision
    37  three  of  this  section,  shall be subject to preclearance by the civil
    38  rights bureau or by a designated court as set forth in this section.
    39    2. Covered policies. A "covered policy" shall include any new or modi-
    40  fied voting qualification, prerequisite to voting, law, ordinance, stan-
    41  dard, practice, procedure, regulation, or policy concerning any  of  the
    42  following topics:
    43    (a) Apportionment;
    44    (b) Method of election;
    45    (c) Form of government;
    46    (d) Annexation of a political subdivision;
    47    (e) Incorporation of a political subdivision;
    48    (f) Consolidation or division of political subdivisions;
    49    (g)  Removal of voters from enrollment lists or other list maintenance
    50  activities;
    51    (h) Number, location, or hours of any election  day  or  early  voting
    52  poll site;
    53    (i)  Dates of elections and the election calendar, except with respect
    54  to special elections;
    55    (j) Registration of voters;

        A. 10841--A                        12

     1    (k) Assignment of election districts to election day or  early  voting
     2  poll sites;
     3    (l) Assistance offered to members of a language-minority group;
     4    (m) Changes to the governmental powers of elected officials; and
     5    (n) The civil rights bureau may designate additional topics for inclu-
     6  sion  in this list pursuant to a rule promulgated under the state admin-
     7  istrative procedure act, if it determines that a new or modified  voting
     8  qualification,  prerequisite  to voting, law, ordinance, standard, prac-
     9  tice, procedure, regulation, or policy concerning such topics  may  have
    10  the effect of denying or abridging the right to vote on account of race,
    11  ethnicity, or language-minority group.
    12    3. Covered entity. A "covered entity" shall include: (a) any political
    13  subdivision  which,  within  the  previous twenty-five years, has become
    14  subject to a court order or government enforcement action based  upon  a
    15  finding  of  any violation of this title, the federal voting rights act,
    16  the fifteenth amendment to the United States constitution, or a  voting-
    17  related  violation  of  the  fourteenth  amendment  to the United States
    18  constitution; (b) any political subdivision which, within  the  previous
    19  five years, has failed to comply with its obligations to provide data or
    20  information  to  the  statewide database, as stated in section 17-208 of
    21  this title; (c) any political subdivision  which,  within  the  previous
    22  twenty-five  years, has become subject to at least three court orders or
    23  government enforcement actions based upon a finding of any violation  of
    24  any state or federal civil rights law or the fourteenth amendment to the
    25  United  States constitution concerning discrimination against members of
    26  a protected class; (d) any county in which, based on  data  provided  by
    27  the  division of criminal justice services, the combined misdemeanor and
    28  felony arrest rate of members of any protected class  consisting  of  at
    29  least  ten  thousand citizens of voting age or whose members comprise at
    30  least ten percent of the citizen voting age population  of  the  county,
    31  exceeds  that  of  the  citizen voting age population of the county as a
    32  whole by at least twenty percent at any point within  the  previous  ten
    33  years;  or  (e)  any  political subdivision in which, based on data made
    34  available by the United States census, the dissimilarity  index  of  any
    35  protected  class consisting of at least twenty-five thousand citizens of
    36  voting age or whose members comprise at least ten percent of the citizen
    37  voting age population of the political  subdivision,  is  in  excess  of
    38  fifty  with  respect to non-Hispanic white citizens of voting age within
    39  the political subdivision at any point within the previous ten years. If
    40  any covered entity is a  political  subdivision  in  which  a  board  of
    41  elections  has  been  established, that board of elections shall also be
    42  deemed a covered entity. If any political subdivision in which  a  board
    43  of elections has been established contains a covered entity fully within
    44  its  borders,  that  political  subdivision  and that board of elections
    45  shall both be deemed a covered entity.
    46    4. Preclearance by civil rights bureau. A covered  entity  may  obtain
    47  preclearance  for a covered policy from the civil rights bureau pursuant
    48  to the following process:
    49    (a) The covered entity shall submit the covered policy in  writing  to
    50  the  civil  rights  bureau of the office of the attorney general. If the
    51  covered entity is a county or city board of elections, it shall  contem-
    52  poraneously  provide  a copy of the covered policy to the state board of
    53  elections.
    54    (b) The civil rights bureau shall grant or  deny  preclearance  within
    55  the following time periods:

        A. 10841--A                        13

     1    (i) For any covered policy concerning the designation of poll sites or
     2  the assignment of election districts to poll sites, whether for election
     3  day  or  early  voting,  the  civil  rights  bureau  shall grant or deny
     4  preclearance within thirty days following the receipt of submission.  If
     5  the  civil rights bureau grants preclearance, it may, in its discretion,
     6  designate preclearance as "preliminary" in which case the  civil  rights
     7  bureau  may deny preclearance within sixty days following the receipt of
     8  submission of the covered policy.
     9    (ii) For any other covered policy, the civil rights bureau shall grant
    10  or  deny  preclearance  within  sixty  days  following  the  receipt  of
    11  submission of the covered policy.
    12    (iii)  For  any  covered  policy  concerning  the  establishment  of a
    13  district-based or alternative method of election,  apportionment  plans,
    14  or  a  change  to the form of government of a political subdivision, the
    15  civil rights bureau may invoke up to two extensions of ninety days.
    16    (c) The civil rights bureau shall grant preclearance only if it deter-
    17  mines that the covered policy will not diminish the ability of  minority
    18  groups  to  participate  in  the  political  process  and to elect their
    19  preferred candidates to  office.  If  the  civil  rights  bureau  grants
    20  preclearance,  the  covered  entity  may  enact or implement the covered
    21  policy immediately.
    22    (d) If the civil rights bureau denies preclearance, the  civil  rights
    23  bureau  shall  interpose objections explaining its basis and the covered
    24  policy shall not be enacted or implemented.
    25    (e) If the civil rights bureau fails to respond within  the  time  for
    26  response  as  established  in  this section, the covered policy shall be
    27  deemed precleared and the covered entity  may  enact  or  implement  the
    28  covered policy.
    29    (f)  Appeal  of  any denial by the civil rights bureau may be heard in
    30  the supreme court for the county of New York, from which appeal  may  be
    31  taken according to the ordinary rules of appellate procedure. Due to the
    32  frequency  and  urgency  of  elections, actions brought pursuant to this
    33  section shall be subject to expedited pretrial and trial proceedings and
    34  receive an automatic calendar preference on appeal.
    35    (g) The civil rights bureau may promulgate such rules and  regulations
    36  pursuant  to  the state administrative procedure act as are necessary to
    37  effectuate the purposes of this subdivision.
    38    5. Preclearance by a designated court. A  covered  entity  may  obtain
    39  preclearance for a covered policy from a court pursuant to the following
    40  process:
    41    (a)  The  covered entity shall submit the covered policy in writing to
    42  the following designated court in the judicial department  within  which
    43  the  covered  entity is located: (i) first judicial department: New York
    44  county; (ii) second judicial  department:    Westchester  county;  (iii)
    45  third  judicial  department:  Albany  county;  and  (iv) fourth judicial
    46  department: Erie county.   If the covered entity is  a  county  or  city
    47  board  of  elections,  it  shall contemporaneously provide a copy of the
    48  covered policy to the state board of elections.
    49    (b) The covered entity shall contemporaneously provide a copy  of  the
    50  covered  policy  to  the civil rights bureau. The failure of the covered
    51  entity to provide a copy of the  covered  policy  to  the  civil  rights
    52  bureau will result in an automatic denial of preclearance.
    53    (c)  The  court  shall  grant  or  deny preclearance within sixty days
    54  following the receipt of submission of the covered policy.
    55    (d) The court shall grant preclearance only if it determines that  the
    56  covered  policy  will  not  diminish  the  ability of minority groups to

        A. 10841--A                        14

     1  participate in the political process and to elect their preferred candi-
     2  dates to office. If the court grants preclearance,  the  covered  entity
     3  may enact or implement the covered policy immediately.
     4    (e) If the court denies preclearance, or fails to respond within sixty
     5  days, the covered policy shall not be enacted or implemented.
     6    (f)  Appeal of any denial may be taken according to the ordinary rules
     7  of appellate procedure. Due to the frequency and urgency  of  elections,
     8  actions  brought  pursuant to this section shall be subject to expedited
     9  pretrial and trial proceedings and receive an automatic calendar prefer-
    10  ence on appeal.
    11    6. Failure to seek or  obtain  preclearance.  If  any  covered  entity
    12  enacts  or  implements  a  covered  policy  without seeking preclearance
    13  pursuant to this section, or  enacts  or  implements  a  covered  policy
    14  notwithstanding  the  denial  of  preclearance,  either the civil rights
    15  bureau or any other party with standing to bring an  action  under  this
    16  title may bring an action to enjoin the covered policy and to seek sanc-
    17  tions against the political subdivision and officials in violation.
    18    § 17-214. Civil  liability  for  voter  intimidation.  1. Voter intim-
    19  idation prohibited. No person, whether acting  under  color  of  law  or
    20  otherwise,  shall  use  or  threaten  to  use  any  force,  violence  or
    21  restraint, or inflict or threaten to inflict any injury, damage, harm or
    22  loss, or in any other  manner  practice  intimidation  that  causes  any
    23  person to place or cause to be placed or refrain from placing or causing
    24  to  be  placed his name upon a registry of voters; or to vote or refrain
    25  from voting in general or for or against any particular person or for or
    26  against any proposition submitted to voters at such election.
    27    2. Voter deception prohibited. No person, whether acting  under  color
    28  of law or otherwise, shall by abduction, duress or any forcible or frau-
    29  dulent device or contrivance impede, prevent or otherwise interfere with
    30  the  free  exercise  of the elective franchise by any person eligible to
    31  vote with the purpose of interfering with the free exercise of the elec-
    32  tive franchise in any way, including registering  to  vote;  voting;  or
    33  declining  to vote; or voting for or against any particular candidate or
    34  proposition; or declining to vote for or against any  particular  candi-
    35  date  or  proposition. No person acting under color of law shall use any
    36  fraudulent device or contrivance that causes interference with the  free
    37  exercise  of the elective franchise by any person eligible to vote with-
    38  out regard to the intent underlying the use of the fraudulent device  or
    39  contrivance.
    40    3.  Standing.  Any  aggrieved  persons,  organization whose membership
    41  includes or is likely to include aggrieved persons,  organization  whose
    42  mission would be frustrated by a violation of this section, organization
    43  that  would expend resources in order to fulfill its mission as a result
    44  of a violation of this section, or the  attorney  general  may  file  an
    45  action  pursuant  to  this section in the supreme court of the county in
    46  which the alleged violation of this section occurred.
    47    4. Remedies. Upon a finding of a violation of any  provision  of  this
    48  section,  the  court  shall  implement  appropriate  remedies  that  are
    49  tailored to remedy the violation, including but not limited to providing
    50  for additional time to cast a ballot that may be counted in the election
    51  at issue. This title gives the court  authority  to  implement  remedies
    52  notwithstanding any other provision of state or local law.
    53    § 17-216. Attorneys'  fees.  In any action to enforce any provision of
    54  this title, the court shall allow the prevailing plaintiff party,  other
    55  than the state or political subdivision thereof, a reasonable attorneys'
    56  fee,  litigation  expenses including, but not limited to, expert witness

        A. 10841--A                        15

     1  fees and expenses as part of the costs. A plaintiff will  be  deemed  to
     2  have  prevailed  when, as a result of litigation, the political subdivi-
     3  sion yields much or all of the relief sought in the  suit.    Prevailing
     4  defendant  parties  shall  not recover any costs, unless the court finds
     5  the action to be frivolous, unreasonable, or without foundation.
     6    § 17-218. Applicability. The provisions of this title shall  apply  to
     7  all  elections  for  any  elected  office or electoral choice within the
     8  state or any political subdivision. The provisions of this  title  shall
     9  apply  notwithstanding  any  other provision of law, including any other
    10  state law or local law.
    11    § 17-220. Severability. If any provision of this title or its applica-
    12  tion to any person,  political  subdivision,  or  circumstance  is  held
    13  invalid,  the  invalidity  shall not affect other provisions or applica-
    14  tions of this title which  can  be  given  effect  without  the  invalid
    15  provision  or  application, and to this end the provisions of this title
    16  are severable.
    17    § 5. This act shall take effect immediately; provided,  however,  that
    18  sections  17-208 and 17-210 of the election law as added by section four
    19  of this act shall take effect three years after it shall have  become  a
    20  law;  and provided further, however, that section 17-212 of the election
    21  law, as added by section four of this act, shall take  effect  one  year
    22  after  the  attorney  general  certifies that the office of the attorney
    23  general is prepared to execute the duties assigned in  section  four  of
    24  this  act,  if  after  the  expiration  of one year the attorney general
    25  requires more time to certify that the office of the attorney general is
    26  prepared to execute the duties assigned in section four of this act, the
    27  attorney general, may, for good cause shown, apply to the  governor  for
    28  such  an  extension of time. The governor may grant or deny an extension
    29  of up to one year according to  his  or  her  discretion.  The  attorney
    30  general  shall  notify the legislative bill drafting commission upon the
    31  occurrence of the enactment of the legislation provided for  in  section
    32  four  of  this act in order that the commission may maintain an accurate
    33  and timely effective data base of the official text of the laws  of  the
    34  state  of  New  York  in  furtherance  of effectuating the provisions of
    35  section 44 of the legislative law and section 70-b of the  public  offi-
    36  cers law.
feedback