What's happening
This bill proposes a constitutional amendment to prohibit voting requirements that discriminate based on race, religion, gender preference, or disability, and bans barriers like literacy tests, poll taxes, and voter ID requirements.
Why it matters
Directly addresses and prohibits a broad range of discriminatory voting barriers. , including those based on race, color, religion, gender preference, or disability, which may not always be protected under current state law.
Outlaws common historical and modern barriers to voting. , such as literacy tests, educational qualifications, poll taxes, voter ID requirements, and proof of citizenship, making it harder for future state governments to implement restrictive measures.
Protects voter registration efforts by third-party organizations or individuals. , ensuring community groups and advocates can help register voters without interference—potentially increasing voter participation among marginalized groups.
Establishes a constitutional standard, not just statutory. , making these protections harder to overturn or bypass through ordinary legislation, and signaling a strong, long-term commitment to inclusive voting rights in New York.
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Who cares
Headline styles
Protect Voting Rights
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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.
Protect Voting Rights
In Assembly Committee · Judiciary · Sponsor Michael Blake
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4821
2019-2020 Regular Sessions
IN SENATE
March 26, 2019
Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 2 of the constitution, in relation to voting rights
Section 1. Resolved (if the Assembly concur), That article 2 of the constitution be amended by adding a new section 10 to read as follows:
§ 10. Voting rights. (A) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by the state or any political subdivision in a manner which results in a denial or abridgement of the right of any citizen to vote on account of race or color, religion, gender preference or disability.
(B) To assure that the right of citizens to vote is not denied or abridged on account of race or color, religion, gender preference or disability, no citizen shall be denied the right to vote in any election because of his or her failure to comply with any prerequisite for voting or registration for voting requiring him or her to:
(1) demonstrate the ability to read, write, understand, or interpret any matter;
(2) demonstrate any educational achievement or his or her knowledge of any particular subject;
(3) possess good moral character;
(4) pay or demonstrate payment of any poll tax or other tax;
(5) provide government issued photo identification at a polling site;
(6) provide documentary proof of United States citizenship to register to vote; or
(7) prove his or her qualifications by the voucher of registered voters or members of any other class.
(C) Neither the state, nor any political subdivision, shall restrict third-party organizations or individuals from registering voters in good faith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89100-01-9
S. 4821 2
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of such constitution, be published for 3 months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 2 of the constitution, in relation to voting rights
Purpose
Provides for a constitutional amendment that would prohibit imposing voting qualifications that would result in a denial or abridgment of the right of a citizen to vote on account of race or color, religion, gender preference or disability.
Summary of provisions
Section 1: Amends the constitution by adding a new section ten, prohib- iting voting qualifications or prerequisites to voting that have the effect of denying or abridging the right of any citizen to vote on account of race or color, religion, gender preference, or disability. In order to assure the right of any citizen to vote is not denied or abridge, no citizen shall be denied the right to vote because of a fail- ure to comply with any prerequisites requiring hint or her to: (1) demonstrate the ability to read, write, understand, or interpret anything, (2) demonstrate any education achievement or knowledge with any particular subject, (3) possess good moral character, (4) pay or demonstrate payment of any tax, (5) provide government issues photo identification at a polling site, (6) provide proof of American citizen- ship at a polling site, or (7) prove his or her qualifications by vouch- er of registered voters or members of any other class. Finally neither the state nor any political subdivisions may restrict third-party organ- izations or individuals from registering voters in good faith.
Section 2: Provides for the procedure, in compliance with section 1 of Article 19 of the New York State Constitution, for a constitutional amendment.
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 unconstitu- tional and struck it down, effectively making Section 5 useless until Congress takes steps to create a new formula. As a result of the deci- sion, the states and municipalities that had been identified as histor- ically 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 consti- tutions. Using pretexts that deny access to the ballot substantially reduces minority participation in government, which undermines the elec- toral franchise. This constitutional amendment will protect the rights of all voters, and minority, LGBT, elderly or disabled voters, by ensuring that the consti- tutional 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
2017-18: S3894 - OPINION REFERRED TO JUDICIARY 2015-16: S.2797/A.6030 - Opinion Referred to Judiciary 2014: S.6141 - Referred to Judiciary, AG Opinion Referred to Judiciary
Fiscal implications
None
Effective date
This constitutional amendment would take effect immediately once it has successfully fulfilled the requirements set forth in Article XIX,
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.