What's happening
This bill creates the John R. Lewis Voting Rights Act of New York to strengthen protections against voting discrimination and voter intimidation.
Why it matters
Expanded Legal Tools to Challenge Discriminatory Voting Practices. The bill creates explicit rights for individuals and organizations to sue over both “voter suppression” and “vote dilution” (e.g., unfair districting or election methods that minimize minority voting power), and lowers the evidentiary bar for proving such discrimination compared to federal standards.
Mandatory Preclearance for ‘At-Risk’ Jurisdictions. Certain local governments with a history or indicators of discrimination must get state approval before making changes to voting rules, district lines, polling locations, or other key policies—helping to prevent discriminatory measures before they take effect.
Robust Data Collection and Transparency. It establishes a statewide, public database on election and demographic data, to be maintained by SUNY, to support transparency, research, and enforcement of voting rights protections. This makes it easier to identify patterns or risks of discrimination.
Expanded Language Access and Assistance. The bill imposes new obligations to provide voting materials and assistance in additional languages whenever there are significant populations of residents with limited English proficiency, going beyond federal requirements to ensure meaningful access.
Strong Remedies and Enforcement. Courts are empowered to order wide-ranging remedies—including changes to election structures, additional polling places or hours, and even special elections—if violations are found, and prevailing plaintiffs are guaranteed attorney’s fees, making enforcement more accessible. Penalties are also created for voter intimidation and deception, with standing for both individuals and organizations to sue.
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Who cares
Headline styles
Protect Voting Rights Statewide
Plain English, a few words. Used as the page title.
Sponsors
22 Co-sponsors
- Jamaal Bailey
- Brian Benjamin
- Alessandra Biaggi
- David Carlucci
- Leroy Comrie
- Simcha Felder
- Michael Gianaris
- Andrew Gounardes
- Brad Hoylman-Sigal
- Robert Jackson
- Anna Kaplan
- Brian Kavanagh
- Timothy M. Kennedy
- Liz Krueger
- John Liu
- Rachel May
- Shelley Mayer
- Gustavo Rivera
- Julia Salazar
- James Sanders Jr.
- Luis R. Sepúlveda
- Toby Ann Stavisky
History
- Print number 7528a
- Amend (t) and recommit to elections
- 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.
Strengthen Voting Rights Protections
In Assembly Committee · Election Law · Sponsor Latrice Walker
Full text
15 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7528--A
IN SENATE
January 23, 2020
Introduced by Sens. MYRIE, BAILEY, BENJAMIN, BIAGGI, CARLUCCI, FELDER, GIANARIS, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KRUEGER, LIU, MAY, MAYER, RIVERA, SALAZAR, SEPULVEDA, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to establishing the John R. Lewis Voting Rights Act of New York, establishing rights of action for denying or abridging of the right of any member of a protected class to vote, establishing and maintaining a statewide database of voting and election data, providing assistance to language-minority groups, requiring certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creating civil liability for voter intimidation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "John R. Lewis Voting Rights Act of New York (NYVRA)".
§ 2. Sections 17-100 through 17-170 of article 17 of the election law are designated title 1 and a new title heading is added to read as follows:
VIOLATIONS OF THE ELECTIVE FRANCHISE
§ 3. The article heading of article 17 of the election law is amended to read as follows:
[VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
§ 4. Article 17 of the election law is amended by adding a new title 2 to read as follows:
TITLE 2
JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK Section 17-200. Legislative purpose and statement of public policy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14845-04-0
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17-202. Interpretation of laws related to elective franchise.
17-204. Definitions.
17-206. Rights of action.
17-208. Maintenance of voting and election data.
17-210. Assistance for language-minority groups.
17-212. Preclearance.
17-214. Civil liability for voter intimidation.
17-216. Attorneys' fees.
17-218. Applicability.
17-220. Severability.
§ 17-200. Legislative purpose and statement of public policy. In recognition of the protections for the right to vote provided by the constitution of the state of New York, which substantially exceed the protections for the right to vote provided by the constitution of the United States, and in conjunction with the constitutional guarantees of equal protection, freedom of expression, and freedom of association under the law and against the denial or abridgement of the voting rights of members of a race, ethnicity, or language-minority group, it is the public policy of the state of New York to:
1. Encourage participation in the elective franchise by all eligible voters to the maximum extent; and
2. Ensure that eligible voters who are members of racial, ethnic, and language-minority groups shall have an equal opportunity to participate in the political processes of the state of New York, and especially to exercise the elective franchise.
§ 17-202. Interpretation of laws related to elective franchise. In further recognition of the protections for the right to vote provided by the constitution of the state of New York, statutes related to the elective franchise shall be construed liberally in favor of protecting the right to cast an effective ballot.
§ 17-204. Definitions. For the purposes of this title:
1. "At-large" method of election means a method of electing members to the governing body of a political subdivision: (a) in which all of the voters of the entire political subdivision elect each of the members to the governing body; (b) in which the candidates are required to reside within given areas of the political subdivision and all of the voters of the entire political subdivision elect each of the members to the governing body; or (c) that combines at-large elections with districtbased elections, unless the only member of the governing body of a political subdivision elected at-large holds exclusively executive responsibilities. At-large method of election does not include ranked-choice voting, cumulative voting, and limited voting.
2. "District-based" method of election means a method of electing members to the governing body of a political subdivision using an apportionment plan in which each member of the governing body resides within a district or ward that is a divisible part of the political subdivision and is elected only by voters residing within that district or ward, except for a member of the governing body that holds exclusively executive responsibilities.
3. "Alternative" method of election means a method of electing members to the governing body of a political subdivision using a method other than at-large or district-based, including, but not limited to, rankedchoice voting, cumulative voting, and limited voting.
4. "Political subdivision" means a geographic area of representation created for the provision of government services, including, but not
S. 7528--A 3
limited to, a county, city, town, village, school district, or any other district organized pursuant to state or local law.
5. "Protected class" means a class of eligible voters who are members of a race, ethnicity, or language-minority group, as referenced and defined in the federal voting rights act.
6. "Racially polarized voting" means voting in which there is a difference in the candidate or electoral choice preferred by members in a protected class, and the candidate or electoral choice preferred by the rest of the electorate. The methodologies for estimating group voting behavior as approved in applicable federal cases to enforce the federal voting rights act to establish racially polarized voting may be used for purposes of this subdivision to prove that elections are characterized by racially polarized voting, but those methodologies shall not be the exclusive means of proving racially polarized voting.
7. "Federal voting rights act" means the federal Voting Rights Act of 1965, 52 U.S.C. § 10301 et seq.
8. The "civil rights bureau" means the civil rights bureau of the office of the attorney general.
§ 17-206. Rights of action. 1. Right of action against voter suppression. (a) No voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy shall be enacted or implemented by any board of elections or political subdivision in a manner that results in a denial or abridgement of the right of any member of a protected class to vote.
(b) A violation is established if, based on the totality of the circumstances, members of a protected class have less opportunity than other members of the electorate to participate in the political process or elect candidates or electoral choices preferred by members of the protected class.
(c) Circumstances that may be considered include, but are not limited to, the extent to which members of a protected class have been elected to office in the state or political subdivision and the extent to which members of a protected class in the state or political subdivision vote at lower rates than other members of the electorate.
(d) For political subdivisions where either the primary or general election is held on a date that is not concurrent with the primary or general election dates for state, county, or city office as established in section eight of article three or section eight of article thirteen of the constitution, and in state law, there shall be a presumption that the date of election results in the denial or abridgement of the right to vote where for three consecutive general elections in which there is at least one contested race for an office, the number of actual voters in each contested election is less than twenty-five percent of the total number of votes cast in the most recent general election for the presidency of the United States by voters in the political subdivision, or in which, for any protected class consisting of at least twenty-five thousand citizens of voting age or whose members comprise at least ten percent of the citizen voting age population, the percent of members of that protected class that are actual voters is at least twenty-five percent lower than the percent of citizens of voting age that are not members of that protected class that are actual voters.
2. Right of action against vote dilution. (a) A method of election, including at-large, district-based, or alternative, shall not have the effect of impairing the ability of members of a protected class to elect candidates of their choice or influence the outcome of elections, as a
S. 7528--A 4
result of the dilution or the abridgment of the rights of members of the protected class.
(b) A violation of this subdivision shall be:
(i) established if a political subdivision uses an at-large method of election and it is shown that either: (A) voting patterns of members of the protected class within the political subdivision are racially polarized; or (B) under the totality of the circumstances, the ability of members of the protected class to elect candidates of their choice or influence the outcome of elections is impaired.
(ii) established if a political subdivision uses a district-based or alternative method of election and it is shown that candidates or electoral choices preferred by members of the protected class would usually be defeated, and either: (A) voting patterns of members of the protected class within the political subdivision are racially polarized; or (B) under the totality of the circumstances, the ability of members of the protected class to elect candidates of their choice or influence the outcome of elections is impaired.
(iii) presumptively established if it is shown that the political subdivision used race, ethnicity, or language-minority group, or another characteristic that serves as a proxy for race, ethnicity, or languageminority group, for the purpose of apportionment. A political subdivision shall only rebut this presumption by showing that race, ethnicity, or language-minority group, or another characteristic that serves as a proxy for race, ethnicity, or language-minority group, was used to the extent necessary to comply with this title, the federal voting rights act, the constitution, or the constitution of the United States.
(c) In assessing whether voting patterns of members of the protected class within the political subdivision are racially polarized or whether candidates or electoral choices preferred by members of the protected class would usually be defeated: (i) elections conducted prior to the filing of an action pursuant to this subdivision are more probative than elections conducted after the filing of the action; (ii) evidence concerning elections for members of the governing body of the political subdivision are more probative than evidence concerning other elections; (iii) statistical evidence is more probative than non-statistical evidence; (iv) where there is evidence that more than one protected class of eligible voters are politically cohesive in the political subdivision, members of each of those protected classes may be combined; (v) evidence concerning the intent on the part of the voters, elected officials, or the political subdivision to discriminate against a protected class is not required; (vi) evidence that voting patterns and election outcomes could be explained by factors other than racially polarized voting, including but not limited to partisanship, shall not be considered; (vii) evidence that sub-groups within a protected class have different voting patterns shall not be considered; (viii) evidence concerning whether members of a protected class are geographically compact or concentrated shall not be considered, but may be a factor in determining an appropriate remedy; and (ix) evidence concerning projected changes in population or demographics shall not be considered, but may be a factor, in determining an appropriate remedy.
(d) In assessing whether, under the totality of the circumstances, the ability of members of the protected class to elect candidates of their choice or influence the outcome of elections is impaired, factors that may be considered shall include, but not be limited to: (i) the history of discrimination in the political subdivision, geographic region, or the state; (ii) the extent to which members of the protected class have
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been elected to office in the political subdivision; (iii) the use of any voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy that may enhance the dilutive effects of the election scheme; (iv) denial of access of either eligible voters or candidates who are members of the protected class to those processes determining which groups of candidates will receive access to the ballot, financial support, or other support in a given election; (v) the extent to which members of the protected class contribute to political campaigns at lower rates; (vi) the extent to which members of a protected class in the state or political subdivision vote at lower rates than other members of the electorate; (vii) the extent to which members of the protected class are disadvantaged in areas including but not limited to education, employment, health, criminal justice, housing, land use, or environmental protection; (viii) the extent to which members of the protected class are disadvantaged in other areas which may hinder their ability to participate effectively in the political process; (ix) the use of overt or subtle racial appeals in political campaigns; (x) a significant lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class; and (xi) whether the political subdivision has a compelling policy justification for adopting or maintaining the method of election. No factor is dispositive or necessary to establish the existence of racially polarized voting. Evidence of these factors concerning the state, private actors, or other political subdivisions in the geographic region may be considered but is less probative than evidence concerning the political subdivision itself.
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 establishing the John R. Lewis Voting Rights Act of New York, establishing rights of action for denying or abridging of the right of any member of a protected class to vote, establishing and maintaining a statewide database of voting and election data, providing assistance to language-minority groups, requir- ing certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creating civil liability for voter intim- idation
Purpose
The purpose of the act is to encourage participation in the elective franchise by all eligible voters to the maximum extent, to ensure that eligible voters who are members of racial, ethnic, and language-minority groups shall have an equal opportunity to participate in the political processes of the State of New York, and especially to exercise the elec- tive franchise; to improve the quality and availability of demographic and election data, and; to protect eligible voters against intimidation and deceptive practices.
Summary of provisions
§§ 17-200 through 17-204 Legislative purpose, statement of public policy and definitions. Recognizes that the voting protections provided by the Constitution of the State of New York "substantially" exceed those provided by the Constitution of the United States and conjoins those protections with the constitutional guarantees of equal protection, freedom of expression, and freedom of association and sets itself against the denial or abridgment of the voting rights of members of a race, ethnicity, or language-minority group. States that any statutes related to the elective franchise shall be construed liberally in favor of protecting the right to cast an effective ballot. Defines the follow- ing methods of election: At-large, District-based, and Alternative. Defines "political subdivision," "protected class," and "racially polar- ized voting."
Read the full memo (2,401 words)
§ 17-206 Two rights of action:
1. Right of action against voter suppression. Prohibits enactment or implementation by any board of elections or political subdivision of any voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy that has the effect of caus- ing members of a protected class to have less opportunity than other members of the electorate in elections based on the totality of circum- stances. Presumption of violation in connection with political subdivi- sions where either the primary or general election is held on a date that is not the same as the primary or generally election for state, county or city office, and certain voter turnout thresholds are not satisfied.
2. Right of action against vote dilution. Prohibits method of election that has the effect of impairing the ability of members of a protected class to elect candidates of their choice or to influence the outcome of elections. Violation is established if a political subdivision use an at-large method of election, voting patterns are racially polarized, and under the totality of the circumstances, the ability of members of the protected class to elect candidates of their choice or influence the outcome of elections is impaired. Violation is established if a poli- tical subdivision uses district-based or alternative method of election, candidates of electoral choices preferred by members of the protected class would usually be defeated, voting patterns are racially polarized, and under the totality of the circumstances, the ability of members of the protected class to elect candidates of their choice or to influence the outcome of elections is impaired. Rebuttable presumption of violation if political subdivision used race, ethnicity, language minor- ity group or other characteristic that serves as a proxy for race, ethnicity, or language minority group.
3. Standing. Persons, certain defined organizations, and the attorney general.
4. Remedies. Remedy fashioned by court. Non-exhaustive list of suggested remedies, including a new method of elections, increasing the size of the governing body, moving the dates of elections, additional voting hours or day, additional polling locations, additional mean of voting such as voting by mail.
5. Procedures for implementing new or revised apportionment plan. List of steps if proposed subsequent to receipt of a NYVRA notification letter or filing of a claim. Includes public hearing, publication of draft apportionment plan.
6. Safe harbor for judicial actions, "NYVRA notification letter", "NYVRA resolution", "NYVRA proposal," "NYVRA extension agreement", reimburse- ment for cost of work produce and expedited judicial proceedings.
a. NYVRA notification letter: Prospective plaintiffs cannot commence a judicial action against a political subdivision until 45 days have elapsed from certified mailing (where the recipient is a political subdivision) or service on the commissioner of education (where the recipient is a political subdivision that holds elections governed by education law) of a "NYVRA notification letter."
b. NYVRA resolution: Before receiving a NYVRA notification letter or within 45 days after the mailing of a NYVRA notification letter, the political subdivision can take action to avert commencement of judicial proceedings by enacting or implementing a remedy referred to as a NYVRA resolution, in which case a prospective plaintiff cannot commence an action within 90 days of passage of the resolution.
c. NYVRA proposal: If the political subdivision lacks the authority under state or local law to enact or implement a remedy identified in a NYVRA resolution within 90 days of its passage or if it is a "covered entity" as defined in § 17-212, it may approve a proposed remedy, called a NYVRA proposal, and submit it to the civil rights bureau. Prior to passing a NYVRA proposal, the political subdivision must hold at least one public hearing for which the political subdivision must conduct outreach to encourage public participation. Within 60 days of receipt of the NYVRA proposal the civil rights bureau must either grant or deny approval of the NYVRA proposal. Standards and guidelines for approval are listed. If the civil rights bureau grants approval, the NYVRA proposal shall be enacted and implemented immediately. If the civil rights bureau either does not respond or if it denies approval, the NYVRA proposal shall not be enacted or implemented. The civil rights bureau may interpose objections explaining its basis or indicate another NYVRA proposal for which it would grant approval.
d. NYVRA extension agreement: If a political subdivision passes a NYVRA resolution, it can enter into a written agreement with a prospective plaintiff who sends a NYVRA notification letter delaying the commence- ment of an action against the political subdivision for an additional 90 days. The NYVRA agreement shall include a requirement that the political subdivision with either enact and implement a remedy or pass a NYVRA proposal and submit it to the civil rights bureau.
e. Demand for reimbursement for the cost of the work product generated to support the NYVRA notification letter.
f. Circumstances allowing commencement of judicial action against a political subdivision notwithstanding a, b, c, and d of *17-206(6). In certain circumstances, judicial actions seeking preliminary relief concerning an upcoming election may be brought notwithstanding the NYVRA notification process.
7. Expedited judicial proceedings and preliminary relief. *17-208. Maintenance of voting and election data.
1. Establishment of a statewide database. Shall be established within the state university of New York.
2. Director of the statewide database. The "director" shall be a member of the faculty of the State University of New York and additional requirements.
3. Statewide database staff. Appointed by the director as necessary to implement and maintain the statewide database.
4. Data, information, and estimates maintained. Sets forth the items that must be maintained in electronic format for at least the previous 12 year period.
5. Provides for public availability of data. Protects the identity of individual voters. Requires that data, information and estimates main- tained by the statewide database be posted online and made available to the public at no cost.
6. Data on race, ethnicity, and language-minority groups. The statewide database shall prepare estimates using the most advanced, peer-re- viewed, and validated methodologies.
7. Calculation and publication of political subdivisions required to provide assistance to language-minority groups.
8. Duty to send data and information to statewide database. Generally the agency primarily responsible for maintaining records, including any board of election, general purpose local governments or special purpose local governments that administer their own elections or maintain their own voting and election records, known as the "election authority" must transmit copies of detailed items to the statewide database.
9. Technical assistance to political subdivisions provided by staff at the statewide database on a non-partisan basis to political subdivi- sions, scholars and the general public seeking to use the database. 10. Presumption (rebuttable) of validity by any court concerning any claim brought pursuant to this title of data, information and estimates main- tained by the statewide database.
§ 17-210. Assistance for language-minority groups. It is the responsi- bility of a political subdivision or board of elections based on deter- mination of director of statewide database. Assistance provided depends on percentage or number of citizens of voting age within a political subdivision who are members of a single language-minority group of a political subdivision who speak English "'less than very well' according to the American community survey." Describes materials related to the electoral process and the quality of those materials, which must be provided to minority groups in the language of the applicable minority group and in English. In the case of some Native Americans whose predom- inant language is historically unwritten, only oral instructions, assistance or other information relating to registration and voting is required. A board of elections or political subdivision can bring an action for declaratory judgment against the state to challenge the determination of the director.
§ 17-212. Preclearance. 1-3. Provides a mechanism for compliance review by the civil rights bureau or by a designated court when a "covered entity" as defined in subdivision 3 enacts or implements a "covered' policy as defined in subdivision 2, including topics such as apportion- ment, removal of voters from enrollment lists, number, local, or hours of any election day or early voting poll site. Details procedure that a covered entity must follow for preclearance of a covered policy by the civil rights bureau and the time periods, either 30 or 60 days depending on the covered policy, that must be followed.
4. Standards for preclearance determination, obligations of civil rights bureau to respond and consequences of response. Provision for appellate review by the supreme court for New York County, from whose determi- nation appeal may be taken according to the ordinary rules of appellate procedure. Civil rights bureau may promulgate rules and regulations pursuant to the state administrative procedure act as are necessary to effectuate the purposes of preclearance procedure.
5. Preclearance by a designated court. A covered entity may obtain preclearance for a covered policy from a court pursuant to the process outlined in subdivision 5.
6. Consequences of a covered entity failing to seek preclearance of a covered policy or enacts or implements a covered policy notwithstanding the denial of preclearance.
§ 17-214. Civil liability for voter intimidation.
1. Voter intimidation prohibited. Conduct prohibited.
2. Voter deception prohibited. Conduct prohibited.
3. Standing. Entities authorized to file an action for voter intim- idation and deception and jurisdiction of the supreme court.
4. Remedies.
§ 17-216. Attorney's fees.
§ 17-218. Applicability. Notwithstanding any other provision of law, including any other state law or local law to all elections for any office or electoral choice within the State of New York or any political subdivision thereof. *17-220. Severability. Effective date. The Act shall have immediate effect, however, § 17-208 and § 17-210 shall take effect in three years and § 17-212 shall take effect one year after the attorney general certifies that the office of the attorney general is prepared to execute the duties assigned in section four herein.
Existing law
New bill.
Justification
New York has an extensive history of discrimination against racial, ethnic, and language minority groups in voting. The result is a persist- ent gap between white and non-white New Yorkers in political partic- ipation and elected representation. Minority voters must have equal opportunities to participate in the political process, but have often been left on disadvantageous footing by election laws and practices that are discriminatory in nature or discriminatorily applied. Furthermore, in recent years, the federal courts increasingly narrowed the protections in the federal Voting Rights Act, raising the threshold for liability under Section 2 and disabling Section 5 preclearance altogeth- er in the Supreme Court's 2013 Shelby County decision. This bill will both address a wide variety of long-overlooked infringements on the right to vote, will improve upon the comprehensive framework of the Voting Rights Act of 1965 (VRA), and will adopt best practices from other states that have enacted state voting rights acts, including Cali- fornia, Washington, and Oregon, in order to improve voting rights protections for all New Yorkers and make New York State a robust national leader in voting rights at a time when too many other states are trying to restrict access to the franchise.
Legislative history
New bill.
Fiscal implications
To be determined.
Local fiscal implications
To be determined.
Effective date
This act shall take effect immediately; provided, however, that sections 17-208 and 17-210 of the election law as added by section four of this act shall take effect three years after it shall have become a law; and provided further, however, that section 17-212 of the election law, as added by section four of this act, shall take effect one year after the attorney general certifies that the office of the attorney general is prepared to execute the duties assigned in section four of this act, if after the expiration of one year the attor- ney general requires more time to certify that the office of the attor- ney general is prepared to execute the duties assigned in section four of this act, the attorney general, may, for good cause shown, apply to the governor for such an extension of time. The governor may grant or deny an extension of up to one year according to his or her discretion. The attorney general shall notify the legislative bill drafting commis- sion upon the occurrence of the enactment of the legislation provided for in section four of this act in order that the commission may main- tain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the pro visions of 2 section 44 of the legislative law and section 70-b of the public officers law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.