BILL NUMBER:S2797

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,
prohibiting 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
failure 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
citizenship at a polling site, or (7) prove his or her qualifications
by voucher of registered voters or members of any other class. Finally
neither the state nor any political subdivisions may restrict
third-party organizations 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
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 constitutional amendment will protect the rights of all voters,
and minority, LGBT, elderly or disabled voters, by ensuring that 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:

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,
Section 1 of New York's constitution.