Bill Text: NY S03423 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S03423 Detail]

Download: New_York-2023-S03423-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3423

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens.  MYRIE, SALAZAR -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections

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

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

     1    Section 1. Article 8 of the election law is amended by  adding  a  new
     2  title 7 to read as follows:
     3                                  TITLE VII
     4                                PRE-CLEARANCE
     5  Section 8-700. Pre-clearance.
     6    §  8-700.  Pre-clearance.  1. To ensure that the right of citizens who
     7  reside in New York to vote is not denied or abridged on account of race,
     8  color, or language minority status through the enforcement of a  voting-
     9  related  regulation, procedure or policy that is enacted or administered
    10  after the effective date of this section, the  following  voting-related
    11  regulations,  and  policies  shall  be  subject  to pre-clearance by the
    12  attorney general pursuant to this title.
    13    2. Before the state board of elections or any local board of elections
    14  enacts or implements any changes in voting qualification,  prerequisites
    15  to  voting,  administration,  regulations, policies, practices or proce-
    16  dures with respect to voting affecting: (a) a county with  a  population
    17  comprised,  in  the  aggregate,  of at least ten percent of members of a
    18  protected class over the preceding decade, as determined  by  the  five-
    19  year  estimates  of  the United States Census American Community Survey,
    20  (b) a county which has been subject  to  a  court  order  or  government
    21  enforcement  action  based  upon a finding of a discriminatory practice,
    22  denial or abridgment of the right to vote of a member of  the  protected
    23  class  within  the  past  ten years, or (c) a county that was previously
    24  subject to pre-clearance under Section 5 of the  Voting  Rights  Act  of
    25  1965  and  has  not  been  granted a decree granting exemption from such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00728-01-3
        S. 3423                             2

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