S T A T E   O F   N E W   Y O R K
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                                 2436--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections  --  recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the election law, in relation to voting rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 5-108
to read as follows:
  S 5-108. VOTER PROTECTION.  1. THE TERMS USED IN  THIS  SECTION  SHALL
HAVE THE FOLLOWING MEANINGS:
  A.  THE  TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS PROVIDED
FOR BY SECTION 3-100 OF THIS CHAPTER;
  B. THE TERM "ELECTION" SHALL MEAN ANY FEDERAL, STATE OR LOCAL ELECTION
HELD IN THE STATE;
  C. THE TERM "COUNTY BOARD OF  ELECTIONS" SHALL HAVE  THE  MEANING  SET
FORTH IN SECTION 1-104 OF THIS CHAPTER;
  D.  THE  TERM  "ELECTION  OFFICER" SHALL HAVE THE MEANING SET FORTH IN
SECTION 1-104 OF THIS CHAPTER;
  2. A PERSON IS GUILTY OF VOTER INTIMIDATION  IF  HE  OR  SHE  USES  OR
THREATENS  FORCE,  VIOLENCE OR ANY TACTIC OF COERCION OR INTIMIDATION TO
INDUCE OR COMPEL ANY OTHER PERSON TO:
  A. VOTE OR REFRAIN FROM VOTING;
  B. VOTE OR REFRAIN FROM VOTING FOR ANY PARTICULAR CANDIDATE OR  BALLOT
MEASURE; OR
  C. REFRAIN FROM REGISTERING TO VOTE.
  3.  A  PERSON  IS  GUILTY  OF VOTER SUPPRESSION IF HE OR SHE KNOWINGLY
ATTEMPTS TO PREVENT OR DETER ANOTHER PERSON  FROM VOTING OR  REGISTERING
TO  VOTE  BASED ON FRAUDULENT, DECEPTIVE OR SPURIOUS GROUNDS OR INFORMA-
TION. VOTER SUPPRESSION INCLUDES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06672-02-6
              

S. 2436--A                          2

  A. CHALLENGING ANOTHER PERSON'S RIGHT TO REGISTER  OR  VOTE  BASED  ON
KNOWINGLY FALSE INFORMATION;
  B.  ATTEMPTING TO INDUCE ANOTHER PERSON TO REFRAIN FROM REGISTERING OR
VOTING BY PROVIDING THAT PERSON WITH KNOWINGLY FALSE INFORMATION; OR
  C. ATTEMPTING TO INDUCE ANOTHER PERSON TO REFRAIN FROM REGISTERING  OR
VOTING  AT  THE PROPER PLACE OR TIME BY PROVIDING THAT PERSON WITH KNOW-
INGLY FALSE INFORMATION ABOUT THE DATE, TIME, PLACE  OR  MANNER  OF  THE
ELECTION.
  4.  A.   LOCAL ELECTION SUPERVISORS MUST POST A VOTER'S BILL OF RIGHTS
AT EVERY POLLING PLACE, INCLUDE IT WITH EVERY DISTRIBUTION  OF  OFFICIAL
SAMPLE  BALLOTS, AND OFFER IT TO VOTERS AT POLLING PLACES, IN ACCORDANCE
WITH PROCEDURES APPROVED BY THE BOARD. THE TEXT OF  THIS  DOCUMENT  WILL
BE:
  "VOTER'S BILL OF RIGHTS
  EVERY REGISTERED VOTER IN THIS STATE HAS THE RIGHT TO:
  1. INSPECT A SAMPLE BALLOT BEFORE VOTING.
  2. CAST A BALLOT IF HE OR SHE IS IN LINE WHEN THE POLLS ARE CLOSING.
  3.  ASK  FOR AND RECEIVE ASSISTANCE IN VOTING, INCLUDING ASSISTANCE IN
LANGUAGES OTHER THAN ENGLISH WHERE REQUIRED BY FEDERAL OR STATE LAW.
  4. RECEIVE A REPLACEMENT BALLOT IF HE OR SHE MAKES A MISTAKE PRIOR  TO
THE BALLOT BEING CAST.
  5.  CAST  A PROVISIONAL BALLOT IF HIS OR HER ELIGIBILITY TO VOTE IS IN
QUESTION.
  6. VOTE FREE FROM COERCION OR INTIMIDATION BY ELECTION OFFICERS OR ANY
OTHER PERSON.
  7. CAST A BALLOT USING VOTING EQUIPMENT  THAT  ACCURATELY  COUNTS  ALL
VOTES."
  B. IN ANY POLITICAL SUBDIVISION OR PRECINCT WHERE FEDERAL OR STATE LAW
REQUIRES  THE  BALLOT  TO  BE  MADE  AVAILABLE  IN A LANGUAGE OTHER THAN
ENGLISH, THE VOTER'S BILL OF RIGHTS WILL ALSO BE MADE AVAILABLE IN  SUCH
LANGUAGE OR LANGUAGES.
  5.  THE BOARD WILL CREATE A MANUAL OF UNIFORM POLLING PLACE PROCEDURES
AND ADOPT THE MANUAL BY  REGULATION.  LOCAL  ELECTION  SUPERVISORS  WILL
ENSURE THAT THE MANUALS ARE AVAILABLE IN HARD COPY OR ELECTRONIC FORM AT
EVERY  PRECINCT  IN THE SUPERVISORS' JURISDICTIONS ON ELECTION DAY.  THE
MANUAL WILL GUIDE LOCAL ELECTION OFFICERS IN THE  PROPER  IMPLEMENTATION
OF  ELECTION  LAWS AND PROCEDURES. THE MANUAL WILL BE INDEXED BY SUBJECT
AND WRITTEN IN CLEAR, UNAMBIGUOUS  LANGUAGE.  THE  MANUAL  WILL  PROVIDE
SPECIFIC  EXAMPLES  OF  COMMON  PROBLEMS  ENCOUNTERED  AT  THE  POLLS ON
ELECTION DAY, AND DETAIL SPECIFIC PROCEDURES FOR RESOLVING  THOSE  PROB-
LEMS. THE MANUAL WILL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  A. REGULATIONS GOVERNING SOLICITATION BY INDIVIDUALS AND GROUPS AT THE
POLLING PLACE;
  B.  PROCEDURES  TO  BE FOLLOWED WITH RESPECT TO VOTERS WHOSE NAMES ARE
NOT ON THE PRECINCT REGISTER;
  C. PROPER OPERATION OF THE VOTING SYSTEM;
  D. BALLOT HANDLING PROCEDURES;
  E. PROCEDURES GOVERNING SPOILED BALLOTS;
  F. PROCEDURES TO BE FOLLOWED AFTER THE POLLS CLOSE;
  G. RIGHTS OF VOTERS AT THE POLLS;
  H. PROCEDURES FOR HANDLING EMERGENCY SITUATIONS;
  I. PROCEDURES FOR HANDLING AND PROCESSING PROVISIONAL BALLOTS; AND
  J.  SECURITY PROCEDURES.
  S 2. The election law is amended by adding a  new  section  17-133  to
read as follows:
  S 17-133. ILLEGAL VOTER SUPPRESSION. ANY PERSON WHO:

S. 2436--A                          3

  1.  COMMITS  VOTER  INTIMIDATION  OR  CONSPIRES TO COMMIT VOTER INTIM-
IDATION WILL BE GUILTY OF A FELONY, PUNISHABLE BY UP TO THREE  YEARS  IN
PRISON AND A FINE OF UP TO ONE HUNDRED THOUSAND DOLLARS; OR
  2.  COMMITS VOTER SUPPRESSION OR CONSPIRES TO COMMIT VOTER SUPPRESSION
WILL BE GUILTY OF A FELONY, PUNISHABLE BY UP TO TWO YEARS IN PRISON  AND
A FINE OF FIFTY THOUSAND DOLLARS; OR
  3.  WILLFULLY VIOLATES ANY OTHER PART OF SECTION 5-108 OF THIS CHAPTER
WILL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY UP TO ONE YEAR IN PRISON,
A FINE OF UP TO TEN THOUSAND DOLLARS, OR BOTH.
  THE BOARD WILL PROMULGATE ALL REGULATIONS NECESSARY  TO  ENFORCE  THIS
SECTION.  IN ADDITION TO CRIMINAL AND REGULATORY SANCTIONS, THIS SECTION
MAY BE ENFORCED BY THE ATTORNEY GENERAL UNDER  SECTION  SEVENTY  OF  THE
EXECUTIVE LAW.
  S  3.  The  election  law is amended by adding a new section 17-135 to
read as follows:
  S 17-135. VOTE DILUTION.  1. 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,  GENDER  PREFERENCE  OR
DISABILITY,  OR  IN  CONTRAVENTION  OF  THE  GUARANTEES SET FORTH IN THE
CONSTITUTION OF THE STATE OF NEW YORK, OR AS OTHERWISE PROVIDED IN  THIS
SECTION.
  2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS ESTABLISHED IF,
BASED ON THE TOTALITY OF CIRCUMSTANCES, IT IS SHOWN THAT  THE  POLITICAL
PROCESSES  LEADING  TO  NOMINATION OR ELECTION IN THE STATE OR POLITICAL
SUBDIVISION ARE NOT EQUALLY OPEN TO PARTICIPATION BY MEMBERS OF A  CLASS
OF  CITIZENS  PROTECTED  BY  SUBDIVISION ONE OF THIS SECTION IN THAT ITS
MEMBERS HAVE LESS OPPORTUNITY THAN OTHER MEMBERS OF  THE  ELECTORATE  TO
PARTICIPATE  IN  THE  POLITICAL  PROCESS AND TO ELECT REPRESENTATIVES OF
THEIR CHOICE. THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS HAVE BEEN
ELECTED TO OFFICE IN THE STATE OR POLITICAL SUBDIVISION IS  ONE  CIRCUM-
STANCE  WHICH  MAY  BE CONSIDERED; PROVIDED HOWEVER THAT NOTHING IN THIS
SECTION ESTABLISHES A RIGHT TO HAVE MEMBERS OF A PROTECTED CLASS ELECTED
IN NUMBERS EQUAL TO THEIR PROPORTION IN THE POPULATION.
  S 4. Article 8 of the election law is amended by adding a new title  6
to read as follows:
                                TITLE VI
                              PRECLEARANCE
SECTION 8-600. PRECLEARANCE.
  S  8-600.  PRECLEARANCE.    1.  A. WHENEVER THE STATE OR ANY POLITICAL
SUBDIVISION OR MUNICIPAL CORPORATION SHALL ENACT OR SEEK  TO  ADMINISTER
ANY  VOTING  QUALIFICATION OR PREREQUISITE TO VOTING, OR STANDARD, PRAC-
TICE, OR PROCEDURE WITH RESPECT TO VOTING DIFFERENT FROM THAT  IN  FORCE
OR EFFECT ON JANUARY FIRST, TWO THOUSAND SIXTEEN, SUCH STATE OR SUBDIVI-
SION  OR  MUNICIPAL CORPORATION MAY INSTITUTE AN ACTION IN SUPREME COURT
FOR A DECLARATORY JUDGMENT THAT SUCH QUALIFICATION, PREREQUISITE, STAND-
ARD, PRACTICE, OR PROCEDURE NEITHER HAS THE PURPOSE NOR  WILL  HAVE  THE
EFFECT  OF  DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE OR
COLOR, RELIGION, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION OR DISABIL-
ITY, OR IN CONTRAVENTION OF THE GUARANTEES SET FORTH IN THE CONSTITUTION
OF THE STATE OF NEW YORK, AND UNLESS AND UNTIL  THE  COURT  ENTERS  SUCH
JUDGMENT  NO  PERSON  SHALL  BE  DENIED THE RIGHT TO VOTE FOR FAILURE TO
COMPLY WITH SUCH QUALIFICATION,  PREREQUISITE,  STANDARD,  PRACTICE,  OR
PROCEDURE; PROVIDED HOWEVER THAT SUCH QUALIFICATION, PREREQUISITE, STAN-
DARD,  PRACTICE,  OR  PROCEDURE  MAY  BE  ENFORCED IF THE QUALIFICATION,

S. 2436--A                          4

PREREQUISITE, STANDARD, PRACTICE, OR PROCEDURE HAS BEEN SUBMITTED BY THE
CHIEF LEGAL OFFICER OR OTHER  APPROPRIATE  OFFICIAL  OF  SUCH  STATE  OR
SUBDIVISION  OR  MUNICIPAL  CORPORATION  TO THE ATTORNEY GENERAL AND THE
ATTORNEY GENERAL HAS NOT INTERPOSED AN OBJECTION WITHIN SIXTY DAYS AFTER
SUCH  SUBMISSION,  OR  UPON GOOD CAUSE SHOWN, TO FACILITATE AN EXPEDITED
APPROVAL WITHIN SIXTY DAYS AFTER SUCH SUBMISSION, THE  ATTORNEY  GENERAL
HAS AFFIRMATIVELY INDICATED THAT SUCH OBJECTION WILL NOT BE MADE.
  B.  NEITHER  AN AFFIRMATIVE INDICATION BY THE ATTORNEY GENERAL THAT NO
OBJECTION WILL BE MADE, NOR THE ATTORNEY GENERAL'S  FAILURE  TO  OBJECT,
NOR A DECLARATORY JUDGMENT ENTERED UNDER THIS SECTION SHALL BAR A SUBSE-
QUENT  ACTION TO ENJOIN ENFORCEMENT OF SUCH QUALIFICATION, PREREQUISITE,
STANDARD, PRACTICE, OR PROCEDURE.
  C. IN THE EVENT THE ATTORNEY GENERAL AFFIRMATIVELY INDICATES  THAT  NO
OBJECTION  WILL BE MADE WITHIN THE SIXTY DAY PERIOD FOLLOWING RECEIPT OF
A SUBMISSION, THE ATTORNEY GENERAL MAY RESERVE THE  RIGHT  TO  REEXAMINE
THE  SUBMISSION  IF ADDITIONAL INFORMATION COMES TO HIS ATTENTION DURING
THE REMAINDER OF THE SIXTY DAY  PERIOD  WHICH  WOULD  OTHERWISE  REQUIRE
OBJECTION IN ACCORDANCE WITH THIS SECTION. ANY ACTION UNDER THIS SECTION
SHALL  BE  HEARD  AND DETERMINED BY A THREE JUDGE PANEL OF THE APPELLATE
DIVISION IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH  THE  SUBDIVISION  OR
MUNICIPAL CORPORATION IS SITUATED, AND ANY APPEAL SHALL LIE TO THE COURT
OF APPEALS.
  2.  ANY  VOTING  QUALIFICATION OR PREREQUISITE TO VOTING, OR STANDARD,
PRACTICE, OR PROCEDURE WITH RESPECT TO VOTING THAT HAS THE PURPOSE OF OR
WILL HAVE THE EFFECT OF DIMINISHING THE ABILITY OF ANY CITIZENS  OF  THE
UNTIED  STATES  ON  ACCOUNT  OF  RACE OR COLOR, RELIGION, GENDER, GENDER
IDENTITY, SEXUAL ORIENTATION OR DISABILITY, OR IN CONTRAVENTION  OF  THE
GUARANTEES  SET  FORTH  IN THE CONSTITUTION OF THE STATE OF NEW YORK, TO
ELECT THEIR PREFERRED CANDIDATES OF CHOICE, DENIES OR ABRIDGES THE RIGHT
TO VOTE WITHIN THE MEANING OF PARAGRAPH A OF  SUBDIVISION  ONE  OF  THIS
SECTION.
  3.  THE  TERM  "PURPOSE"  AS  USED  IN  THIS SECTION SHALL INCLUDE ANY
DISCRIMINATORY PURPOSE.
  4. THE PURPOSE OF SUBDIVISION TWO OF THIS SECTION IS  TO  PROTECT  THE
ABILITY OF SUCH CITIZENS TO ELECT THEIR PREFERRED CANDIDATES OF CHOICE.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.