NY State Senate Bill 2019-S4032

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Jun 20, 2019	committed to rules
Apr 10, 2019	advanced to third reading
Apr 09, 2019	2nd report cal.
Apr 08, 2019	1st report cal.372
Feb 25, 2019	referred to elections

Votes

- Apr 8, 2019 - Elections Committee Vote
  S4032
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Apr 8, 2019
      
      aye (5)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Salazar
      
      aye wr (2)
      
      Akshar
      
      Funke

co-Sponsors

2019-S4032 (ACTIVE) - Details

See Assembly Version of this Bill:: A3420
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add Art 8 Title 7 §8-700, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10712
2017-2018: S6164, A5925
2021-2022: S246, A4525
2023-2024: S3423

2019-S4032 (ACTIVE) - Summary

Relates to pre-clearance of voting-related regulations and policies.

2019-S4032 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4032

SPONSOR: MYRIE
 
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

2019-S4032 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4032
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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 ASSEM-
 BLY, 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  VOTING-
 RELATED  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 PROCE-
 DURES 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  FIVE-
 YEAR  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 ATTOR-
 NEY 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 GENER-
 AL'S OFFICE, WITH A COPY PROVIDED CONTEMPORANEOUSLY TO THE  STATE  BOARD
 OF ELECTIONS IF MADE BY A COUNTY BOARD OF ELECTIONS. THE ATTORNEY GENER-
 AL  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.

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Senate Bill S4032

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Apr 8, 2019 - Elections Committee Vote

Elections Committee Vote: Apr 8, 2019

co-Sponsors

2019-S4032 (ACTIVE) - Details

2019-S4032 (ACTIVE) - Summary

2019-S4032 (ACTIVE) - Sponsor Memo

2019-S4032 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4032

Share this bill

Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Velmanette Montgomery

Julia Salazar

2019-S4032 (ACTIVE) - Details

2019-S4032 (ACTIVE) - Summary

2019-S4032 (ACTIVE) - Sponsor Memo

2019-S4032 (ACTIVE) - Bill Text download pdf

Comments