NY State Senate Bill 2021-S246

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 06, 2021	referred to elections

co-Sponsors

2021-S246 (ACTIVE) - Details

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:: 2017-2018: S6164
2019-2020: S4032
2023-2024: S3423

2021-S246 (ACTIVE) - Summary

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

2021-S246 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S246

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 Title seven to Article 8 of the
election law to establish a pre clearance process wherein the implemen-
tation 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 submit-
ted to the Attorney General for review and approval.

Section 2 provides for the effective date.

 
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:

2020: S4032 - referred to elections/A3420-A - referred to ways and means
2019: S4032 - referred to rules/ A3420-A - referred to ways and means

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 on the one hundred eightieth day after it
shall have become a law.

2021-S246 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    246
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, SALAZAR -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02384-01-1

 S. 246                              2
 
 1965  AND  HAS  NOT  BEEN  GRANTED A DECREE GRANTING EXEMPTION FROM SUCH
 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 S246

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2021-S246 (ACTIVE) - Details

2021-S246 (ACTIVE) - Summary

2021-S246 (ACTIVE) - Sponsor Memo

2021-S246 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S246

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Julia Salazar

2021-S246 (ACTIVE) - Details

2021-S246 (ACTIVE) - Summary

2021-S246 (ACTIVE) - Sponsor Memo

2021-S246 (ACTIVE) - Bill Text download pdf

Comments