Bill Text: NY S07528 | 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 23-0)
Status: (Introduced - Dead) 2020-07-31 - PRINT NUMBER 7528A [S07528 Detail]
Download: New_York-2019-S07528-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7528--A IN SENATE January 23, 2020 ___________ Introduced by Sens. MYRIE, BAILEY, BENJAMIN, BIAGGI, CARLUCCI, FELDER, GIANARIS, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KRUEGER, LIU, MAY, MAYER, RIVERA, SALAZAR, SEPULVEDA, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14845-04-0S. 7528--A 2 1 17-202. Interpretation of laws related to elective franchise. 2 17-204. Definitions. 3 17-206. Rights of action. 4 17-208. Maintenance of voting and election data. 5 17-210. Assistance for language-minority groups. 6 17-212. Preclearance. 7 17-214. Civil liability for voter intimidation. 8 17-216. Attorneys' fees. 9 17-218. Applicability. 10 17-220. Severability. 11 § 17-200. Legislative purpose and statement of public policy. In 12 recognition of the protections for the right to vote provided by the 13 constitution of the state of New York, which substantially exceed the 14 protections for the right to vote provided by the constitution of the 15 United States, and in conjunction with the constitutional guarantees of 16 equal protection, freedom of expression, and freedom of association 17 under the law and against the denial or abridgement of the voting rights 18 of members of a race, ethnicity, or language-minority group, it is the 19 public policy of the state of New York to: 20 1. Encourage participation in the elective franchise by all eligible 21 voters to the maximum extent; and 22 2. Ensure that eligible voters who are members of racial, ethnic, and 23 language-minority groups shall have an equal opportunity to participate 24 in the political processes of the state of New York, and especially to 25 exercise the elective franchise. 26 § 17-202. Interpretation of laws related to elective franchise. In 27 further recognition of the protections for the right to vote provided by 28 the constitution of the state of New York, statutes related to the elec- 29 tive franchise shall be construed liberally in favor of protecting the 30 right to cast an effective ballot. 31 § 17-204. Definitions. For the purposes of this title: 32 1. "At-large" method of election means a method of electing members to 33 the governing body of a political subdivision: (a) in which all of the 34 voters of the entire political subdivision elect each of the members to 35 the governing body; (b) in which the candidates are required to reside 36 within given areas of the political subdivision and all of the voters of 37 the entire political subdivision elect each of the members to the 38 governing body; or (c) that combines at-large elections with district- 39 based elections, unless the only member of the governing body of a poli- 40 tical subdivision elected at-large holds exclusively executive responsi- 41 bilities. At-large method of election does not include ranked-choice 42 voting, cumulative voting, and limited voting. 43 2. "District-based" method of election means a method of electing 44 members to the governing body of a political subdivision using an appor- 45 tionment plan in which each member of the governing body resides within 46 a district or ward that is a divisible part of the political subdivision 47 and is elected only by voters residing within that district or ward, 48 except for a member of the governing body that holds exclusively execu- 49 tive responsibilities. 50 3. "Alternative" method of election means a method of electing members 51 to the governing body of a political subdivision using a method other 52 than at-large or district-based, including, but not limited to, ranked- 53 choice voting, cumulative voting, and limited voting. 54 4. "Political subdivision" means a geographic area of representation 55 created for the provision of government services, including, but notS. 7528--A 3 1 limited to, a county, city, town, village, school district, or any other 2 district organized pursuant to state or local law. 3 5. "Protected class" means a class of eligible voters who are members 4 of a race, ethnicity, or language-minority group, as referenced and 5 defined in the federal voting rights act. 6 6. "Racially polarized voting" means voting in which there is a 7 difference in the candidate or electoral choice preferred by members in 8 a protected class, and the candidate or electoral choice preferred by 9 the rest of the electorate. The methodologies for estimating group 10 voting behavior as approved in applicable federal cases to enforce the 11 federal voting rights act to establish racially polarized voting may be 12 used for purposes of this subdivision to prove that elections are char- 13 acterized by racially polarized voting, but those methodologies shall 14 not be the exclusive means of proving racially polarized voting. 15 7. "Federal voting rights act" means the federal Voting Rights Act of 16 1965, 52 U.S.C. § 10301 et seq. 17 8. The "civil rights bureau" means the civil rights bureau of the 18 office of the attorney general. 19 § 17-206. Rights of action. 1. Right of action against voter 20 suppression. (a) No voting qualification, prerequisite to voting, law, 21 ordinance, standard, practice, procedure, regulation, or policy shall be 22 enacted or implemented by any board of elections or political subdivi- 23 sion in a manner that results in a denial or abridgement of the right of 24 any member of a protected class to vote. 25 (b) A violation is established if, based on the totality of the 26 circumstances, members of a protected class have less opportunity than 27 other members of the electorate to participate in the political process 28 or elect candidates or electoral choices preferred by members of the 29 protected class. 30 (c) Circumstances that may be considered include, but are not limited 31 to, the extent to which members of a protected class have been elected 32 to office in the state or political subdivision and the extent to which 33 members of a protected class in the state or political subdivision vote 34 at lower rates than other members of the electorate. 35 (d) For political subdivisions where either the primary or general 36 election is held on a date that is not concurrent with the primary or 37 general election dates for state, county, or city office as established 38 in section eight of article three or section eight of article thirteen 39 of the constitution, and in state law, there shall be a presumption that 40 the date of election results in the denial or abridgement of the right 41 to vote where for three consecutive general elections in which there is 42 at least one contested race for an office, the number of actual voters 43 in each contested election is less than twenty-five percent of the total 44 number of votes cast in the most recent general election for the presi- 45 dency of the United States by voters in the political subdivision, or in 46 which, for any protected class consisting of at least twenty-five thou- 47 sand citizens of voting age or whose members comprise at least ten 48 percent of the citizen voting age population, the percent of members of 49 that protected class that are actual voters is at least twenty-five 50 percent lower than the percent of citizens of voting age that are not 51 members of that protected class that are actual voters. 52 2. Right of action against vote dilution. (a) A method of election, 53 including at-large, district-based, or alternative, shall not have the 54 effect of impairing the ability of members of a protected class to elect 55 candidates of their choice or influence the outcome of elections, as aS. 7528--A 4 1 result of the dilution or the abridgment of the rights of members of the 2 protected class. 3 (b) A violation of this subdivision shall be: 4 (i) established if a political subdivision uses an at-large method of 5 election and it is shown that either: (A) voting patterns of members of 6 the protected class within the political subdivision are racially polar- 7 ized; or (B) under the totality of the circumstances, the ability of 8 members of the protected class to elect candidates of their choice or 9 influence the outcome of elections is impaired. 10 (ii) established if a political subdivision uses a district-based or 11 alternative method of election and it is shown that candidates or elec- 12 toral choices preferred by members of the protected class would usually 13 be defeated, and either: (A) voting patterns of members of the protected 14 class within the political subdivision are racially polarized; or (B) 15 under the totality of the circumstances, the ability of members of the 16 protected class to elect candidates of their choice or influence the 17 outcome of elections is impaired. 18 (iii) presumptively established if it is shown that the political 19 subdivision used race, ethnicity, or language-minority group, or another 20 characteristic that serves as a proxy for race, ethnicity, or language- 21 minority group, for the purpose of apportionment. A political subdivi- 22 sion shall only rebut this presumption by showing that race, ethnicity, 23 or language-minority group, or another characteristic that serves as a 24 proxy for race, ethnicity, or language-minority group, was used to the 25 extent necessary to comply with this title, the federal voting rights 26 act, the constitution, or the constitution of the United States. 27 (c) In assessing whether voting patterns of members of the protected 28 class within the political subdivision are racially polarized or whether 29 candidates or electoral choices preferred by members of the protected 30 class would usually be defeated: (i) elections conducted prior to the 31 filing of an action pursuant to this subdivision are more probative than 32 elections conducted after the filing of the action; (ii) evidence 33 concerning elections for members of the governing body of the political 34 subdivision are more probative than evidence concerning other elections; 35 (iii) statistical evidence is more probative than non-statistical 36 evidence; (iv) where there is evidence that more than one protected 37 class of eligible voters are politically cohesive in the political 38 subdivision, members of each of those protected classes may be combined; 39 (v) evidence concerning the intent on the part of the voters, elected 40 officials, or the political subdivision to discriminate against a 41 protected class is not required; (vi) evidence that voting patterns and 42 election outcomes could be explained by factors other than racially 43 polarized voting, including but not limited to partisanship, shall not 44 be considered; (vii) evidence that sub-groups within a protected class 45 have different voting patterns shall not be considered; (viii) evidence 46 concerning whether members of a protected class are geographically 47 compact or concentrated shall not be considered, but may be a factor in 48 determining an appropriate remedy; and (ix) evidence concerning project- 49 ed changes in population or demographics shall not be considered, but 50 may be a factor, in determining an appropriate remedy. 51 (d) In assessing whether, under the totality of the circumstances, the 52 ability of members of the protected class to elect candidates of their 53 choice or influence the outcome of elections is impaired, factors that 54 may be considered shall include, but not be limited to: (i) the history 55 of discrimination in the political subdivision, geographic region, or 56 the state; (ii) the extent to which members of the protected class haveS. 7528--A 5 1 been elected to office in the political subdivision; (iii) the use of 2 any voting qualification, prerequisite to voting, law, ordinance, stand- 3 ard, practice, procedure, regulation, or policy that may enhance the 4 dilutive effects of the election scheme; (iv) denial of access of either 5 eligible voters or candidates who are members of the protected class to 6 those processes determining which groups of candidates will receive 7 access to the ballot, financial support, or other support in a given 8 election; (v) the extent to which members of the protected class 9 contribute to political campaigns at lower rates; (vi) the extent to 10 which members of a protected class in the state or political subdivision 11 vote at lower rates than other members of the electorate; (vii) the 12 extent to which members of the protected class are disadvantaged in 13 areas including but not limited to education, employment, health, crimi- 14 nal justice, housing, land use, or environmental protection; (viii) the 15 extent to which members of the protected class are disadvantaged in 16 other areas which may hinder their ability to participate effectively in 17 the political process; (ix) the use of overt or subtle racial appeals in 18 political campaigns; (x) a significant lack of responsiveness on the 19 part of elected officials to the particularized needs of members of the 20 protected class; and (xi) whether the political subdivision has a 21 compelling policy justification for adopting or maintaining the method 22 of election. No factor is dispositive or necessary to establish the 23 existence of racially polarized voting. Evidence of these factors 24 concerning the state, private actors, or other political subdivisions in 25 the geographic region may be considered but is less probative than 26 evidence concerning the political subdivision itself. 27 3. Standing. Any aggrieved person, organization whose membership 28 includes or is likely to include aggrieved persons, organization whose 29 mission would be frustrated by a violation of this section, organization 30 that would expend resources in order to fulfill its mission as a result 31 of a violation of this section, or the attorney general may file an 32 action pursuant to this section in the supreme court of the county in 33 which the political subdivision is located. 34 4. Remedies. (a) Upon a finding of a violation of any provision of 35 this section, the court shall implement appropriate remedies that are 36 tailored to remedy the violation. Remedies may include, but shall not be 37 limited to: 38 (i) a district-based method of election; 39 (ii) an alternative method of election; 40 (iii) new or revised apportionment plans; 41 (iv) elimination of staggered elections so that all members of the 42 governing body are elected on the same date; 43 (v) increasing the size of the governing body; 44 (vi) moving the dates of elections to be concurrent with the primary 45 or general election dates for state, county, or city office as estab- 46 lished in section eight of article three or section eight of article 47 thirteen of the constitution; 48 (vii) additional voting hours or days; 49 (viii) additional polling locations; 50 (ix) additional means of voting such as voting by mail; 51 (x) ordering of special elections; 52 (xi) requiring expanded opportunities for voter registration; 53 (xii) requiring additional voter education; 54 (xiii) modifying the election calendar; or 55 (xiv) the restoration or addition of persons to registration lists.S. 7528--A 6 1 (b) The court shall only adopt a remedy that will not diminish the 2 ability of minority groups to participate in the political process and 3 to elect their preferred candidates to office. The court shall consider 4 proposed remedies by any parties and interested non-parties, and shall 5 not provide deference or priority to a proposed remedy because it is 6 proposed by the political subdivision. This title gives the court 7 authority to implement remedies notwithstanding any other provision of 8 state or local law. 9 5. Procedures for implementing new or revised apportionment plans. The 10 governing body of a political subdivision with the authority under this 11 title and all applicable state and local laws to enact and implement a 12 new method of election that will replace the political subdivision's 13 at-large method of election with a district-based or alternative method 14 of election, or enact and implement a new apportionment plan, shall 15 undertake each of the steps enumerated in this subdivision, if proposed 16 subsequent to receipt of a NYVRA notification letter, as defined in 17 subdivision six of this section, or the filing of a claim pursuant to 18 this title or the federal voting rights act. 19 (a) Before drawing a draft apportionment plan or plans of the proposed 20 boundaries of the districts, the political subdivision shall hold at 21 least two public hearings over a period of no more than thirty days, at 22 which the public is invited to provide input regarding the composition 23 of the districts. Before these hearings, the political subdivision may 24 conduct outreach to the public, including to non-English-speaking commu- 25 nities, to explain the apportionment process and to encourage public 26 participation. 27 (b) After all draft apportionment plans are drawn, the political 28 subdivision shall publish and make available for release at least one 29 draft apportionment plan and, if members of the governing body of the 30 political subdivision will be elected in their districts at different 31 times to provide for staggered terms of office, the potential sequence 32 of the elections. The political subdivision shall also hold at least two 33 additional hearings over a period of no more than forty-five days, at 34 which the public is invited to provide input regarding the content of 35 the draft apportionment plan or plans and the proposed sequence of 36 elections, if applicable. The draft apportionment plan or plans shall 37 be published at least seven days before consideration at a hearing. If 38 the draft apportionment plan or plans are revised at or following a 39 hearing, the revised versions shall be published and made available to 40 the public for at least seven days before being adopted. 41 (c) In determining the final sequence of the district elections 42 conducted in a political subdivision in which members of the governing 43 body will be elected at different times to provide for staggered terms 44 of office, the governing body shall give special consideration to the 45 purposes of this title, and it shall take into account the preferences 46 expressed by members of the districts. 47 6. Notification requirement and safe harbor for judicial actions. 48 Before commencing a judicial action against a political subdivision 49 under this section, a prospective plaintiff shall send by certified mail 50 a written notice to the clerk of the political subdivision, or, if the 51 political subdivision does not have a clerk, the governing body of the 52 political subdivision, against which the action would be brought, 53 asserting that the political subdivision may be in violation of this 54 title. This written notice shall be referred to as a "NYVRA notification 55 letter" in this title. For actions against a school district or any 56 other political subdivision that holds elections governed by the educa-S. 7528--A 7 1 tion law, the prospective plaintiff shall also send by certified mail a 2 copy of the NYVRA notification letter to the commissioner of education. 3 (a) A prospective plaintiff shall not commence a judicial action 4 against a political subdivision under this section within fifty days of 5 sending to the political subdivision a NYVRA notification letter. 6 (b) Before receiving a NYVRA notification letter, or within fifty days 7 of mailing of a NYVRA notification letter, the governing body of a poli- 8 tical subdivision may pass a resolution affirming: (i) the political 9 subdivision's intention to enact and implement a remedy for a potential 10 violation of this title; (ii) specific steps it will undertake to facil- 11 itate approval and implementation of such a remedy; and (iii) a schedule 12 for enacting and implementing such a remedy. Such a resolution shall be 13 referred to as a "NYVRA resolution" in this title. If a political subdi- 14 vision passes a NYVRA resolution, a prospective plaintiff shall not 15 commence an action to enforce this section against the political subdi- 16 vision within ninety days of the resolution's passage. For actions 17 against a school district, the commissioner of education may order the 18 enactment of an NYVRA resolution pursuant to the commissioner's authori- 19 ty under section three hundred five of the education law. 20 (c) If the governing body of a political subdivision lacks the author- 21 ity under this title or applicable state law or local laws to enact or 22 implement a remedy identified in a NYVRA resolution within ninety days 23 after the passage of the NYVRA resolution, or if the political subdivi- 24 sion is a covered entity as defined under section 17-212 of this title, 25 the governing body of the political subdivision may undertake the steps 26 enumerated in the following provisions upon passage of a NYVRA resol- 27 ution: 28 (i) The governing body of the political subdivision may approve a 29 proposed remedy that complies with this title and submit such a proposed 30 remedy to the civil rights bureau. Such a submission shall be referred 31 to as a "NYVRA proposal" in this title. 32 (ii) Prior to passing a NYVRA proposal, the political subdivision 33 shall hold at least one public hearing, at which the public is invited 34 to provide input regarding the NYVRA proposal. Before this hearing, the 35 political subdivision may conduct outreach to the public, including to 36 non-English-speaking communities, to encourage public participation. 37 (iii) Within sixty days of receipt of a NYVRA proposal, the civil 38 rights bureau shall either grant or deny approval of the NYVRA proposal. 39 (iv) The civil rights bureau shall only grant approval to the NYVRA 40 proposal if it concludes that: (A) the political subdivision may be in 41 violation of this title; (B) the NYVRA proposal would remedy any poten- 42 tial violation of this title; (C) the NYVRA proposal is unlikely to 43 violate the constitution or any federal law; (D) the NYVRA proposal will 44 not diminish the ability of minority groups to participate in the poli- 45 tical process and to elect their preferred candidates to office; and (E) 46 implementation of the NYVRA proposal is feasible. The civil rights 47 bureau may grant approval to the NYVRA proposal notwithstanding any 48 other provision of state or local law. 49 (v) If the civil rights bureau grants approval, the NYVRA proposal 50 shall be enacted and implemented immediately, notwithstanding any other 51 provision of state or local law. If the political subdivision is a 52 covered entity as defined under section 17-212 of this title, there 53 shall be no need for the political subdivision to also obtain preclear- 54 ance for the NYVRA proposal pursuant to such section. 55 (vi) If the civil rights bureau denies approval, the NYVRA proposal 56 shall not be enacted or implemented. The civil rights bureau may, in itsS. 7528--A 8 1 discretion, interpose objections explaining its basis or indicate anoth- 2 er NYVRA proposal for which it would grant approval. 3 (vii) If the civil rights bureau does not respond, the NYVRA proposal 4 shall not be enacted or implemented. 5 (d) A political subdivision that has passed a NYVRA resolution may 6 enter into an agreement with a prospective plaintiff who sends a NYVRA 7 notification letter providing that such a prospective plaintiff shall 8 not commence an action to enforce this section against the political 9 subdivision for an additional ninety days. This written agreement may be 10 referred to as a "NYVRA extension agreement". The NYVRA extension agree- 11 ment shall include a requirement that either the political subdivision 12 shall enact and implement a remedy that complies with this title or the 13 political subdivision shall pass a NYVRA proposal and submit it to the 14 civil rights bureau. 15 (e) If, pursuant to a process commenced by a NYVRA notification 16 letter, a political subdivision enacts or implements a remedy or the 17 civil rights bureau grants approval to a NYVRA proposal, a prospective 18 plaintiff who sent the NYVRA notification letter may, within thirty days 19 of the enactment or implementation of the remedy or approval of the 20 NYVRA proposal, demand reimbursement for the cost of the work product 21 generated to support the NYVRA notification letter. A prospective plain- 22 tiff shall make the demand in writing and shall substantiate the demand 23 with financial documentation, such as a detailed invoice for demography 24 services or for the analysis of voting patterns in the political subdi- 25 vision. A political subdivision may request additional documentation if 26 the provided documentation is insufficient to corroborate the claimed 27 costs. A political subdivision shall reimburse a prospective plaintiff 28 for reasonable costs claimed, or in an amount to which the parties mutu- 29 ally agree, within forty-five days of receiving the written demand, 30 except that if more than one prospective plaintiff is entitled to 31 reimbursement, the political subdivision shall reimburse the prospective 32 plaintiffs in the order in which they sent NYVRA notification letters 33 and the forty-five day time period described herein shall apply only to 34 reimbursement of the first prospective plaintiff who sent a written 35 notice. The cumulative amount of reimbursements to all prospective 36 plaintiffs, except for actions brought by the attorney general, shall 37 not exceed forty-three thousand dollars, as adjusted annually to the 38 consumer price index for all urban consumers, United States city aver- 39 age, as published by the United States department of labor. 40 (f) Notwithstanding the provisions of this subdivision, if the first 41 day for designating petitions for a political subdivision's next regular 42 election to select members of its governing board has begun or is sched- 43 uled to begin within thirty days, or if a political subdivision is sche- 44 duled to conduct any election within one hundred twenty days, a plain- 45 tiff alleging that the mode of election or apportionment plan in effect 46 for that election will violate this title may commence a judicial action 47 against a political subdivision under this section, provided that the 48 relief sought by such a plaintiff includes preliminary relief for that 49 election. Prior to or concurrent with commencing such a judicial action, 50 any such plaintiff shall also submit a NYVRA notification letter to the 51 political subdivision. If a judicial action commenced under this 52 provision is withdrawn or dismissed for mootness because the political 53 subdivision has enacted or implemented a remedy or the civil rights 54 bureau has granted approval of a NYVRA proposal pursuant to a process 55 commenced by a NYVRA notification letter, any such plaintiff may only 56 demand reimbursement pursuant to this subdivision.S. 7528--A 9 1 7. Expedited judicial proceedings and preliminary relief. Because of 2 the frequency of elections, the severe consequences and irreparable harm 3 of holding elections under unlawful conditions, and the expenditure to 4 defend potentially unlawful conditions that benefit incumbent officials, 5 actions brought pursuant to this section shall be subject to expedited 6 pretrial and trial proceedings and receive an automatic calendar prefer- 7 ence. In any action alleging a violation of this section in which a 8 plaintiff party seeks preliminary relief with respect to an upcoming 9 election, the court shall grant relief if it determines that: (a) plain- 10 tiffs are more likely than not to succeed on the merits; and (b) it is 11 possible to implement an appropriate remedy that would resolve the 12 alleged violation in the upcoming election. 13 § 17-208. Maintenance of voting and election data. 1. Establishment 14 of a statewide database. There shall be established within the state 15 university of New York a repository of the data necessary to assist the 16 state and all political subdivisions with evaluating whether and to what 17 extent existing laws and practices with respect to voting and elections 18 are consistent with the public policy expressed in this title, imple- 19 menting best practices in voting and elections to achieve the purposes 20 of this title, and to investigate potential infringements upon the right 21 to vote. This repository shall be referred to as the "statewide data- 22 base" in this title. 23 2. Director of the statewide database. The operation of the statewide 24 database shall be the responsibility of the director of the statewide 25 database, hereinafter referred to in this title as the "director", who 26 shall be a member of the faculty of the state university of New York 27 with doctoral-level expertise in demography, statistical analysis, and 28 electoral systems. The director shall be appointed by the governor. 29 3. Statewide database staff. The director shall appoint such staff as 30 are necessary to implement and maintain the statewide database. 31 4. Data, information, and estimates maintained. The statewide database 32 shall maintain in electronic format at least the following data and 33 records for at least the previous twelve year period: 34 (a) Estimates of the total population, voting age population, and 35 citizen voting age population by race, ethnicity, and language-minority 36 group, broken down to the election district level on a year-by-year 37 basis for every political subdivision in the state, based on data from 38 the United States census bureau, American community survey, or data of 39 comparable quality collected by a public office. 40 (b) Election results at the election district level for every state- 41 wide election and every election in every political subdivision. 42 (c) Contemporaneous voter registration lists, voter history files, 43 election day poll site locations, and early voting site locations, for 44 every election in every political subdivision. 45 (d) Contemporaneous maps, descriptions of boundaries, and shapefiles 46 for election districts. 47 (e) Election day or early voting poll sites including, but not limited 48 to, lists of election districts assigned to each polling place, if 49 applicable. 50 (f) Apportionment plans for every election in every political subdivi- 51 sion. 52 (g) Any other data that the director deems advisable to maintain in 53 furtherance of the purposes of this title. 54 5. Public availability of data. Except for any data, information, or 55 estimates that identifies individual voters, the data, information, andS. 7528--A 10 1 estimates maintained by the statewide database shall be posted online 2 and made available to the public at no cost. 3 6. Data on race, ethnicity, and language-minority groups. The state- 4 wide database shall prepare any estimates made pursuant to this section 5 by applying the most advanced, peer-reviewed, and validated methodol- 6 ogies. 7 7. Calculation and publication of political subdivisions required to 8 provide assistance to language-minority groups. On or before February 9 twenty-eighth, two thousand twenty-one and every third year thereafter, 10 the statewide database shall publish on its web site and transmit to the 11 state board of elections for dissemination to the county boards of 12 elections and for the state education department a list of political 13 subdivisions required pursuant to this section to provide assistance to 14 members of language-minority groups and each language in which those 15 political subdivisions are required to provide assistance. The boards of 16 elections shall transmit the list described herein to all political 17 subdivisions within their jurisdiction. 18 8. Duty to send data and information to statewide database. Upon the 19 certification of election results and the completion of the voter histo- 20 ry file after each election, each election authority shall transmit 21 copies of: (a) election results at the election district level; (b) 22 contemporaneous voter registration lists; (c) voter history files; (d) 23 maps, descriptions, and shapefiles for election districts; and (e) lists 24 of election day poll site and early voting sites and lists, shapefiles, 25 or descriptions of the election districts assigned to each election day 26 poll site or early voting site. As used in this subdivision, the term 27 "election authority" refers to the agency primarily responsible for 28 maintaining the records listed in subdivision four of this section and 29 include any board of election, as well as general purpose local govern- 30 ments or special purpose local governments that administer their own 31 elections or maintain their own voting and election records. 32 9. Technical assistance to political subdivisions. Staff at the state- 33 wide database may provide non-partisan technical assistance to political 34 subdivisions, scholars, and the general public seeking to use the 35 resources of the statewide database. 36 10. Presumption of validity. The data, information, and estimates 37 maintained by the statewide database shall be granted a rebuttable 38 presumption of validity by any court concerning any claim brought pursu- 39 ant to this title. 40 § 17-210. Assistance for language-minority groups. 1. Political subdi- 41 visions required to provide language assistance. A board of elections or 42 a political subdivision that administers elections shall provide 43 language-related assistance in voting and elections to a language-minor- 44 ity group in a political subdivision if the director determines, based 45 on data from the American community survey, or data of comparable quali- 46 ty collected by a public office, that: 47 (a) more than two percent of the citizens of voting age of a political 48 subdivision are members of a single language-minority group and speak 49 English "less than very well" according to the American community 50 survey; 51 (b) more than four thousand of the citizens of voting age of such 52 political subdivision are members of a single language-minority group 53 and speak English "less than very well" according to the American commu- 54 nity survey; or 55 (c) in the case of a political subdivision that contains all or any 56 part of a Native American reservation, more than two percent of theS. 7528--A 11 1 Native American citizens of voting age within the Native American reser- 2 vation are members of a single language-minority group and speak English 3 "less than very well" according to the American community survey. For 4 the purposes of this paragraph, "Native American" is defined to include 5 any persons recognized by the United States census bureau or New York as 6 "American Indian" or "Alaska Native". 7 2. Language assistance to be provided. When the director determines 8 that a board of elections or political subdivision shall provide 9 language assistance to a particular minority group, such board of 10 elections or political subdivision shall provide voting materials in the 11 covered language of an equal quality of the corresponding English 12 language materials, including registration or voting notices, forms, 13 instructions, assistance, or other materials or information relating to 14 the electoral process, including ballots. Whenever any such board of 15 elections or political subdivision provides any registration or voting 16 notices, forms, instructions, assistance, or other materials or informa- 17 tion relating to the electoral process, including ballots, in a covered 18 political subdivision, it shall provide them in the language of the 19 applicable minority group as well as in the English language, provided 20 that where the language of the applicable minority group is oral or 21 unwritten or in the case of some American Indians, if the predominant 22 language is historically unwritten, the board of elections or political 23 subdivision is only required to furnish oral instructions, assistance, 24 or other information relating to registration and voting. 25 3. Action for declaratory judgment for English-only voting materials. 26 A board of elections or political subdivision that shall provide 27 language assistance to a particular minority group, which seeks to 28 provide English-only materials notwithstanding the determination of the 29 director, may file an action against the state for a declaratory judg- 30 ment permitting such provision. The court shall grant the requested 31 relief if it finds that the determination of the director was unreason- 32 able or an abuse of discretion. 33 § 17-212. Preclearance. 1. Preclearance. To ensure that the right to 34 vote is not denied or abridged on account of race, ethnicity, or 35 language-minority group, as a result of the enactment or implementation 36 of a covered policy, as defined in subdivision two of this section, 37 after the effective date of this section, the enactment or implementa- 38 tion of a covered policy by a covered entity, as defined in subdivision 39 three of this section, shall be subject to preclearance by the civil 40 rights bureau or by a designated court as set forth in this section. 41 2. Covered policies. A "covered policy" shall include any new or modi- 42 fied voting qualification, prerequisite to voting, law, ordinance, stan- 43 dard, practice, procedure, regulation, or policy concerning any of the 44 following topics: 45 (a) Apportionment; 46 (b) Method of election; 47 (c) Form of government; 48 (d) Annexation of a political subdivision; 49 (e) Incorporation of a political subdivision; 50 (f) Consolidation or division of political subdivisions; 51 (g) Removal of voters from enrollment lists or other list maintenance 52 activities; 53 (h) Number, location, or hours of any election day or early voting 54 poll site; 55 (i) Dates of elections and the election calendar, except with respect 56 to special elections;S. 7528--A 12 1 (j) Registration of voters; 2 (k) Assignment of election districts to election day or early voting 3 poll sites; 4 (l) Assistance offered to members of a language-minority group; 5 (m) Changes to the governmental powers of elected officials; and 6 (n) The civil rights bureau may designate additional topics for inclu- 7 sion in this list pursuant to a rule promulgated under the state admin- 8 istrative procedure act, if it determines that a new or modified voting 9 qualification, prerequisite to voting, law, ordinance, standard, prac- 10 tice, procedure, regulation, or policy concerning such topics may have 11 the effect of denying or abridging the right to vote on account of race, 12 ethnicity, or language-minority group. 13 3. Covered entity. A "covered entity" shall include: (a) any political 14 subdivision which, within the previous twenty-five years, has become 15 subject to a court order or government enforcement action based upon a 16 finding of any violation of this title, the federal voting rights act, 17 the fifteenth amendment to the United States constitution, or a voting- 18 related violation of the fourteenth amendment to the United States 19 constitution; (b) any political subdivision which, within the previous 20 five years, has failed to comply with its obligations to provide data or 21 information to the statewide database, as stated in section 17-208 of 22 this title; (c) any political subdivision which, within the previous 23 twenty-five years, has become subject to at least three court orders or 24 government enforcement actions based upon a finding of any violation of 25 any state or federal civil rights law or the fourteenth amendment to the 26 United States constitution concerning discrimination against members of 27 a protected class; (d) any county in which, based on data provided by 28 the division of criminal justice services, the combined misdemeanor and 29 felony arrest rate of members of any protected class consisting of at 30 least ten thousand citizens of voting age or whose members comprise at 31 least ten percent of the citizen voting age population of the county, 32 exceeds that of the citizen voting age population of the county as a 33 whole by at least twenty percent at any point within the previous ten 34 years; or (e) any political subdivision in which, based on data made 35 available by the United States census, the dissimilarity index of any 36 protected class consisting of at least twenty-five thousand citizens of 37 voting age or whose members comprise at least ten percent of the citizen 38 voting age population of the political subdivision, is in excess of 39 fifty with respect to non-Hispanic white citizens of voting age within 40 the political subdivision at any point within the previous ten years. If 41 any covered entity is a political subdivision in which a board of 42 elections has been established, that board of elections shall also be 43 deemed a covered entity. If any political subdivision in which a board 44 of elections has been established contains a covered entity fully within 45 its borders, that political subdivision and that board of elections 46 shall both be deemed a covered entity. 47 4. Preclearance by civil rights bureau. A covered entity may obtain 48 preclearance for a covered policy from the civil rights bureau pursuant 49 to the following process: 50 (a) The covered entity shall submit the covered policy in writing to 51 the civil rights bureau of the office of the attorney general. If the 52 covered entity is a county or city board of elections, it shall contem- 53 poraneously provide a copy of the covered policy to the state board of 54 elections. 55 (b) The civil rights bureau shall grant or deny preclearance within 56 the following time periods:S. 7528--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 toS. 7528--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 witnessS. 7528--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.