What's happening
This bill requires certain New York counties to get state attorney general approval before changing voting laws to protect minority voters.
Why it matters
Targets counties with significant minority populations or a history of discrimination. The bill specifically applies to counties where at least 10% of residents belong to a protected class, those recently found to have engaged in discriminatory voting practices, and those previously covered by federal pre-clearance under the Voting Rights Act. This focuses oversight on areas most at risk for suppressing minority voters.
Restores key protections lost after federal changes. By requiring state-level pre-clearance for voting changes in certain counties, New York is effectively reinstating a version of the federal Voting Rights Act’s Section 5 pre-clearance that the Supreme Court weakened in 2013. This aims to fill a gap in protections for minority voters at the state level.
Establishes an approval process for new voting rules. Counties and boards of elections in covered areas must submit proposed changes in voting qualifications, rules, or procedures to the state attorney general’s office for approval before implementation. This gives the attorney general the power to block changes that could harm minority voters, adding a layer of accountability.
Defines “protected class” in line with federal law. By explicitly using the federal Voting Rights Act’s definition, the bill ensures consistency in identifying which groups are protected, providing a clear legal standard for enforcement and coverage.
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Who cares
Headline styles
Approve Voting Rule Changes
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to ways and means
- Print number 3420a
- Amend and recommit to ways and means
- Reported referred to ways and means
- Referred to election law
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Voting Rule Approvals
In Senate Committee · Elections · Sponsor Zellnor Myrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3420--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. WALKER, LIFTON, COOK, ORTIZ, LENTOL, JACOBSON, CUSICK, BARRON, HYNDMAN, BLAKE, DE LA ROSA, BICHOTTE, D'URSO, PICHAR- DO, PERRY, MOSLEY, RAMOS, GALEF, JEAN-PIERRE -- read once and referred to the Committee on Election Law -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, do enact as follows:
Section 1. Article 8 of the election law is amended by adding a new title 7 to read as follows:
TITLE VII
PRE-CLEARANCE Section 8-700. Pre-clearance.
§ 8-700. Pre-clearance. 1. To ensure that the right of citizens who reside in New York to vote is not denied or abridged on account of race, color, or language minority status through the enforcement of a votingrelated regulation, procedure or policy that is enacted or administered after the effective date of this section, the following voting-related regulations, and policies shall be subject to pre-clearance by the attorney general pursuant to this title.
2. Before the state board of elections or any local board of elections enacts or implements any changes in voting qualification, prerequisites to voting, administration, regulations, policies, practices or procedures with respect to voting affecting: (a) a county with a population comprised, in the aggregate, of at least ten percent of members of a protected class over the preceding decade, as determined by the fiveyear estimates of the United States Census American Community Survey, (b) a county which has been subject to a court order or government enforcement action based upon a finding of a discriminatory practice,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05534-05-9
A. 3420--A 2
denial or abridgment of the right to vote of a member of the protected class within the past ten years, or (c) a county that was previously subject to pre-clearance under Section 5 of the Voting Rights Act of 1965 and has not been granted a decree granting exemption from such pre-clearance requirements, must submit such changes to the state attorney general for approval. This section shall not apply to any changes made pursuant to law.
3. The submission seeking pre-clearance approval of such changes shall be made, in writing, to the civil rights bureau of the attorney general's office, with a copy provided contemporaneously to the state board of elections if made by a county board of elections. The attorney general shall, based on the criteria stated in subdivision one of this section, indicate objections or approval of such submission, in writing, within sixty days following the receipt of such submission.
4. For purposes of this section, "protected class" shall mean a class of voters who are members of a race, color or language minority group, as this class is referenced and defined in the Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.