S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5036
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2019
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- 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 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:
   §  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:
   A.  CHALLENGING  ANOTHER  PERSON'S  RIGHT TO REGISTER OR VOTE BASED ON
 KNOWINGLY FALSE INFORMATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08790-02-9
              

 S. 5036                             2
 
   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.
   §  2.  The  election  law is amended by adding a new section 17-133 to
 read as follows:
   § 17-133. ILLEGAL VOTER SUPPRESSION. ANY PERSON WHO:

 S. 5036                             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.
   §  3.  The  election  law is amended by adding a new section 17-135 to
 read as follows:
   § 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.
   § 4. Article 8 of the election law is amended by adding a new title  7
 to read as follows:
                                 TITLE VII
                               PRECLEARANCE
 SECTION 8-700. PRECLEARANCE.
   §  8-700.  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 NINETEEN, SUCH STATE OR SUBDI-
 VISION 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. 5036                             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.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.