Requires persons registering to vote to designate their race and/or ethnicity

Summary of specific provisions

Section 1 of the election law is amended by adding subdivision 2-a. The new subdivision directs the state board of election to prepare and establish uniform provisions for the designation of each voter's race and/or ethnicity on registration of change of address. The information shall be kept in a computerized database.

Section 3-212 of the election law is amended by adding subdivision 6 that requires each board of election to maintain race and ethnicity data of registered voter and report to the State Board of Election on or before January first of each year.

Section three amends subdivision 3 of section 5-204 of the election law to require every registration form to include provision in which applicant shall designate his or her race and ethnicity, provided that there will be a space where the applicant may refuse to provide such information.

Section 5-208 of the election law is amended by adding a new subdivision 1-a to require every change of address form to include provision in which applicant shall designate his or her race and ethnicity, provided that there will be a space where the applicant may refuse to provide such information.

Justification

New York State's election law notes that registration forms must conform to the "requirements for the national voter registration form in the rules and regulations promulgated by the federal election commission and the federal Help America Vote Act, and shall elicit the information required for the registration poll record." The state board of elections has the power to require any information that it may "reasonably require to enable the board of elections to assess the eligibility of the applicant and to administer voter registration and other parts of the election process. Currently, registrants have the option to specify their gender when completing the registration form. So why not race and ethnicity?

Three regions of New York State are included under the "covered jurisdictions" in section 5 of the Voting Rights Act. Bronx, Kings and New York counties because "they had a literacy test in November 1968 and in that year's Presidential election the turnout there was less than 50 percent of the voting-age population. "37 Aside from the three New York counties covered under Section 5 of the VRA, seven counties in the state

(Bronx, Nassau, Kings, New York, Queens, Suffolk, Westchester) are covered under section 203 of the VRA, requiring language assistance in voting for certain language minority citizens. Two counties are covered under Section 203 of the VRA, requiring preclearance for certain language minority citizens in Bronx and Kings County.

Despite the coverage of some counties in New York under the voting Rights Act, New York still has room to improve electoral practices to ensure minority populations are not disenfranchised. Since 1952, there have been fourteen objections by the U.S. Attorney General to electoral redistricting and practices due to the potentially discriminatory impact on minority voters. On July 19, 1991 the U.S. Attorney General's office objected to a redistricting plan that discriminated against Latino voters. A similar objection was made on June 24, 1992 to a redistricting plan in Washington Heights On February 4, 1999 the U.S. Attorney General objected to the replacement of elected community school board members by appointed trustees in School District 12 where 54% of the electorate was Latino and 36% was African-American, further exemplifying the need for continued monitoring of electoral reforms in New York state

The collection of data by race and ethnicity will allow researchers to better gauge voter registration and turnout in the state. With this information efforts to promote voting would be more effective. policymakers will be better able to monitor and regulate the electoral process to insure the highest degree of participation by citizens. Political parties and civic organizations will be in a better position to mobilize voters. Finally, the collection of electoral data by race and ethnicity will safeguard not just minority voting rights but the rights of all voters as well.

New York State should join this consensus of opinion. The state should emulate California but take its initiative one-step further by requiring rather than requesting citizens to specify their racial/ethnic back- ground in the state voter registration form. California allowed the Secretary of State and local election officials discretion over whether to exhaust the supply of voter registration forms in existence on the effective date of the law prior to printing new or revised forms. New York could do the same while making its revised form available online immediately and encouraging voters to register online or to print and mail the forms themselves thus reducing the costs of printing new forms.

Alabama, North Carolina and South Carolina require the collection of race and ethnicity voter data. However, it is optional in California, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Tennessee,

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

Immediately, with provisions.