Relates to voting rights

1 Co-sponsor

• Bill Perkins

BILL NUMBER:S7585

Title of bill

An act to amend the election law, in relation to voting rights

Purpose

To codify voter protections in New York law that were formerly guaranteed under the federal Voting Rights Act of 1964.

Summary of provisions

Section One of the bill creates definitions.

Section Two amends the election law by adding a new section 17-133 that provides for voter protection.

Section Three amends the election law by adding a new section 17-135 that provides for voter protection.

Section Four amends article 8 of the election law to create a mandatory preclearance system for those counties or political subdivisions that seek to institute voter qualifications or other prerequisites to voting.

Section Five provides that this act shall take effect on the first of January next succeeding the date on which it shall have become law.

Justification

In June 2013, the Supreme Court of the United States invalidated a key portion of the historic Voting Rights Acts of 1965 in Shelby County v. Holder. Section 5 of the Act prohibits certain municipalities from making changes to voting procedures without Federal clearance. Section 4 of the Act, contained the formula used to determine the states and municipalities with a history of voting discrimination that had to comply with Section 5. The Court held that Section 4 was unconstitutional and struck it down, effectively making Section 5 useless until Congress takes steps to create a new formula. As a result of the decision, the states and municipalities that had been identified as historically utilizing discriminatory practices at the ballot box are now free to require superfluous qualifications in an attempt to curtail the voting rights of minorities.

Despite the assertions made by the Court in the majority opinion, racial discrimination still exists. The right of access to voting is one of the most crucial rights guaranteed us in the New York and federal constitutions. Using pretexts that deny access to the ballot substantially reduces minority participation in government, which undermines the electoral franchise.

This bill will create a voter's bill of rights, protect against vote dilution and generally ensure the constitutional right to have one's vote counted is not undermined by legal strategies that would deny access on the basis of race, color, religion, gender preference or disability.

Legislative history

None. This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law.