What's happening
This bill requires certain counties to obtain approval from the state attorney general before implementing changes to voting regulations that may impact protected classes.
Why it matters
Targets counties with significant minority populations or histories of discrimination. The bill specifically affects counties where at least 10% of the population belongs to a protected class, those with recent court findings of voting rights discrimination, or counties previously covered by federal pre-clearance requirements, focusing oversight where the risk of discrimination is higher.
Requires state-level oversight for local election changes. Any changes to voting qualifications, procedures, or administration in these counties must be reviewed and approved by the state attorney general, adding a formal check against potential discriminatory impacts before new rules take effect.
Defines “protected class” using federal standards. The bill aligns New York’s definition of protected classes with the Voting Rights Act of 1965, ensuring consistency in identifying which groups are shielded from discriminatory voting practices.
May slow or block local election rule changes. By mandating a pre-clearance process, the legislation could delay or prevent local changes that might negatively affect minority voters, aiming to proactively safeguard voting rights rather than relying solely on litigation after the fact.
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Who cares
Headline styles
Require Voting Rule Approvals
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to elections
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.372
- Referred to elections
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.
Approve Voting Rule Changes
In Assembly Committee · Ways And Means · Sponsor Latrice Walker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4032
2019-2020 Regular Sessions
IN SENATE
February 25, 2019
Introduced by Sen. MYRIE -- 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 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, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05534-02-9
S. 4032 2
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.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to pre-clearance of voting-related regulations and policies
Purpose
The purpose of this bill is to ensure that the right of citizens to vote is not denied on account of race, color or language.
Summary of provisions
Section 1 of the bill adds a new § 8-600 to the election law to estab- lish a pre clearance process wherein the implementation of any changes relating qualifications for voting, pre-requisites to voting or any regulations, policies, practices, or procedures with regard to voting in a county in which at least 10% of the population consists of a protected class, or in a county which has been the subject of an action related to discriminatory practice in the preceding 10 years, or in a county that was previously subject to the pre clearance process under section 5 of the Voting Rights Act, must first be submitted to the Attorney General for review and approval.
Justification
In June 2013, the U.S Supreme Court, in Shelby County v. Holder held that it is unconstitutional to use the coverage formula in Section 4(b) of the Voting Rights Act to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the Voting Rights Act. The Supreme Court did not rule on the constitutionality of Section 5 itself. The effect of the Shelby County decision is that the jurisdictions iden- tified by the coverage formula in Section 4(b) no longer need to seek preclearance for the new voting changes. Section 5 of the Voting rights Act was enacted to stop changes in election practices or procedures in covered jurisdictions until the new procedures have been determined, either after administrative review by the Attorney General, or after a lawsuit before the United States District Court for the District of Columbia, to have neither a discriminatory purpose nor effect. Section 5 was designed to ensure that voting changes in covered jurisdictions could not be implemented until a determination had been obtained. In order to protect and ensure the rights of all voters and prevent the establishment or implementation of discriminatory practices, this bill would establish a "pre-clearance" process in which NYS counties meeting specific criteria would have to clear requested voting policy changes with the NYS Attorney General prior to implementation.
Legislative history
06/13/16 referred to election law, 06/15/16 reported referred to rules, 06/16/16 reported, 06/16/16 rules report cal.481, 06/16/16 ordered to third reading rules cal.481, 06/16/16 passed assembly, 06/16/16 delivered to senate, 06/16/16 REFERRED TO RULES
Fiscal implications for state and local governments
To be determined
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.