S T A T E   O F   N E W   Y O R K
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                                   1046
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 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 establishing  the  John
   R.  Lewis Voting Rights Act of New York, establishing rights of action
   for denying or abridging of the right of any  member  of  a  protected
   class  to  vote,  establishing and maintaining a statewide database of
   voting and election data, providing  assistance  to  language-minority
   groups,  requiring certain political subdivisions to receive preclear-
   ance for potential violations of the NYVRA, and creating civil liabil-
   ity for voter intimidation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "John R.
 Lewis Voting Rights Act of New York (NYVRA)".
   § 2. Sections 17-100 through 17-170 of article 17 of the election  law
 are  designated  title  1  and  a  new title heading is added to read as
 follows:
 
                   VIOLATIONS OF THE ELECTIVE FRANCHISE
 
   § 3. The article heading of article 17 of the election law is  amended
 to read as follows:
 
             [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
 
   § 4. Article 17 of the election law is amended by adding a new title 2
 to read as follows:
                                  TITLE 2
                JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY.
         17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE.
         17-204. DEFINITIONS.
         17-206. RIGHTS OF ACTION.
         17-208. MAINTENANCE OF VOTING AND ELECTION DATA.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02423-03-1

 S. 1046                             2
 
         17-210. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS.
         17-212. PRECLEARANCE.
         17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR
               OBSTRUCTION.
         17-216. ATTORNEYS' FEES.
         17-218. APPLICABILITY.
         17-220. SEVERABILITY.
   § 17-200. LEGISLATIVE  PURPOSE  AND  STATEMENT  OF PUBLIC POLICY.   IN
 RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO  VOTE  PROVIDED  BY  THE
 CONSTITUTION  OF  THE  STATE OF NEW YORK, WHICH SUBSTANTIALLY EXCEED THE
 PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY THE  CONSTITUTION  OF  THE
 UNITED  STATES, AND IN CONJUNCTION WITH THE CONSTITUTIONAL GUARANTEES OF
 EQUAL PROTECTION, FREEDOM OF  EXPRESSION,  AND  FREEDOM  OF  ASSOCIATION
 UNDER THE LAW AND AGAINST THE DENIAL OR ABRIDGEMENT OF THE VOTING RIGHTS
 OF  MEMBERS  OF A RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP, IT IS THE
 PUBLIC POLICY OF THE STATE OF NEW YORK TO:
   1. ENCOURAGE PARTICIPATION IN THE ELECTIVE FRANCHISE BY  ALL  ELIGIBLE
 VOTERS TO THE MAXIMUM EXTENT; AND
   2.  ENSURE THAT ELIGIBLE VOTERS WHO ARE MEMBERS OF RACIAL, ETHNIC, AND
 LANGUAGE-MINORITY GROUPS SHALL HAVE AN EQUAL OPPORTUNITY TO  PARTICIPATE
 IN  THE  POLITICAL PROCESSES OF THE STATE OF NEW YORK, AND ESPECIALLY TO
 EXERCISE THE ELECTIVE FRANCHISE.
   § 17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE  FRANCHISE.    IN
 FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY
 THE  CONSTITUTION  OF  THE  STATE OF NEW YORK, STATUTES, RULES AND REGU-
 LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE  FRANCHISE
 SHALL  BE  CONSTRUED  LIBERALLY  IN FAVOR OF (A) PROTECTING THE RIGHT TO
 CAST AN EFFECTIVE BALLOT; (B) ENSURING  THAT  ELIGIBLE  VOTERS  ARE  NOT
 IMPAIRED  IN  REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES
 COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO RACE, ETHNICI-
 TY, AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO  REGISTER  TO  VOTE
 AND TO VOTE.
   § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   1. "AT-LARGE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS TO
 THE  GOVERNING  BODY OF A POLITICAL SUBDIVISION: (A) IN WHICH ALL OF THE
 VOTERS OF THE ENTIRE POLITICAL SUBDIVISION ELECT EACH OF THE MEMBERS  TO
 THE  GOVERNING  BODY; (B) IN WHICH THE CANDIDATES ARE REQUIRED TO RESIDE
 WITHIN GIVEN AREAS OF THE POLITICAL SUBDIVISION AND ALL OF THE VOTERS OF
 THE ENTIRE POLITICAL SUBDIVISION  ELECT  EACH  OF  THE  MEMBERS  TO  THE
 GOVERNING  BODY;  OR (C) THAT COMBINES AT-LARGE ELECTIONS WITH DISTRICT-
 BASED ELECTIONS, UNLESS THE ONLY MEMBER OF THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION ELECTED AT-LARGE HOLDS EXCLUSIVELY EXECUTIVE RESPONSI-
 BILITIES. AT-LARGE METHOD OF ELECTION  DOES  NOT  INCLUDE  RANKED-CHOICE
 VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   2.  "DISTRICT-BASED"  METHOD  OF  ELECTION  MEANS A METHOD OF ELECTING
 MEMBERS TO THE  GOVERNING  BODY  OF  A  POLITICAL  SUBDIVISION  USING  A
 DISTRICTING  OR REDISTRICTING PLAN IN WHICH EACH MEMBER OF THE GOVERNING
 BODY RESIDES WITHIN A DISTRICT OR WARD THAT IS A DIVISIBLE PART  OF  THE
 POLITICAL SUBDIVISION AND IS ELECTED ONLY BY VOTERS RESIDING WITHIN THAT
 DISTRICT  OR  WARD, EXCEPT FOR A MEMBER OF THE GOVERNING BODY THAT HOLDS
 EXCLUSIVELY EXECUTIVE RESPONSIBILITIES.
   3. "ALTERNATIVE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS
 TO THE GOVERNING BODY OF A POLITICAL SUBDIVISION USING  A  METHOD  OTHER
 THAN  AT-LARGE OR DISTRICT-BASED, INCLUDING, BUT NOT LIMITED TO, RANKED-
 CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.

 S. 1046                             3
 
   4. "POLITICAL SUBDIVISION" MEANS A GEOGRAPHIC AREA  OF  REPRESENTATION
 CREATED  FOR  THE  PROVISION  OF GOVERNMENT SERVICES, INCLUDING, BUT NOT
 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER
 DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   5.  "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS
 OF A RACE, ETHNICITY, OR  LANGUAGE-MINORITY  GROUP,  AS  REFERENCED  AND
 DEFINED IN THE FEDERAL VOTING RIGHTS ACT.
   6.  "RACIALLY  POLARIZED  VOTING"  MEANS  VOTING  IN  WHICH THERE IS A
 DIFFERENCE IN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY MEMBERS  IN
 A  PROTECTED  CLASS,  AND THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY
 THE REST OF THE  ELECTORATE.  THE  METHODOLOGIES  FOR  ESTIMATING  GROUP
 VOTING  BEHAVIOR  AS APPROVED IN APPLICABLE FEDERAL CASES TO ENFORCE THE
 FEDERAL VOTING RIGHTS ACT TO ESTABLISH RACIALLY POLARIZED VOTING MAY  BE
 USED  FOR PURPOSES OF THIS SUBDIVISION TO PROVE THAT ELECTIONS ARE CHAR-
 ACTERIZED BY RACIALLY POLARIZED VOTING, BUT  THOSE  METHODOLOGIES  SHALL
 NOT BE THE EXCLUSIVE MEANS OF PROVING RACIALLY POLARIZED VOTING.
   7.  "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT OF
 1965, 52 U.S.C. § 10301 ET SEQ.
   8. THE "CIVIL RIGHTS BUREAU" MEANS THE  CIVIL  RIGHTS  BUREAU  OF  THE
 OFFICE OF THE ATTORNEY GENERAL.
   § 17-206. RIGHTS   OF   ACTION.  1.  RIGHT  OF  ACTION  AGAINST  VOTER
 SUPPRESSION. (A) NO VOTING QUALIFICATION, PREREQUISITE TO  VOTING,  LAW,
 ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY SHALL BE
 ENACTED  OR  IMPLEMENTED BY ANY BOARD OF ELECTIONS OR POLITICAL SUBDIVI-
 SION IN A MANNER THAT RESULTS IN A DENIAL OR ABRIDGEMENT OF THE RIGHT OF
 ANY MEMBER OF A PROTECTED CLASS TO VOTE.
   (B) A VIOLATION IS ESTABLISHED  IF,  BASED  ON  THE  TOTALITY  OF  THE
 CIRCUMSTANCES,  MEMBERS  OF A PROTECTED CLASS HAVE LESS OPPORTUNITY THAN
 OTHER MEMBERS OF THE ELECTORATE TO PARTICIPATE IN THE POLITICAL  PROCESS
 OR  ELECT  CANDIDATES  OR  ELECTORAL CHOICES PREFERRED BY MEMBERS OF THE
 PROTECTED CLASS.
   (C) CIRCUMSTANCES THAT MAY BE CONSIDERED INCLUDE, BUT ARE NOT  LIMITED
 TO,  THE  EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS HAVE BEEN ELECTED
 TO OFFICE IN THE STATE OR POLITICAL SUBDIVISION AND THE EXTENT TO  WHICH
 MEMBERS  OF A PROTECTED CLASS IN THE STATE OR POLITICAL SUBDIVISION VOTE
 AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTORATE.
   (D) FOR POLITICAL SUBDIVISIONS WHERE EITHER  THE  PRIMARY  OR  GENERAL
 ELECTION  IS  HELD  ON A DATE THAT IS NOT CONCURRENT WITH THE PRIMARY OR
 GENERAL ELECTION DATES FOR STATE, COUNTY, OR CITY OFFICE AS  ESTABLISHED
 IN  SECTION  EIGHT OF ARTICLE THREE OR SECTION EIGHT OF ARTICLE THIRTEEN
 OF THE CONSTITUTION, AND IN STATE LAW, THERE SHALL BE A PRESUMPTION THAT
 THE DATE OF ELECTION RESULTS IN THE DENIAL OR ABRIDGEMENT OF  THE  RIGHT
 TO  VOTE WHERE FOR THREE CONSECUTIVE GENERAL ELECTIONS IN WHICH THERE IS
 AT LEAST ONE CONTESTED RACE FOR AN OFFICE, THE NUMBER OF  ACTUAL  VOTERS
 IN EACH CONTESTED ELECTION IS LESS THAN TWENTY-FIVE PERCENT OF THE TOTAL
 NUMBER  OF VOTES CAST IN THE MOST RECENT GENERAL ELECTION FOR THE PRESI-
 DENCY OF THE UNITED STATES BY VOTERS IN THE POLITICAL SUBDIVISION, OR IN
 WHICH, FOR ANY PROTECTED CLASS CONSISTING OF AT LEAST TWENTY-FIVE  THOU-
 SAND  CITIZENS  OF  VOTING  AGE  OR  WHOSE MEMBERS COMPRISE AT LEAST TEN
 PERCENT OF THE CITIZEN VOTING AGE POPULATION, THE PERCENT OF MEMBERS  OF
 THAT  PROTECTED  CLASS  THAT  ARE  ACTUAL VOTERS IS AT LEAST TWENTY-FIVE
 PERCENT LOWER THAN THE PERCENT OF CITIZENS OF VOTING AGE  THAT  ARE  NOT
 MEMBERS OF THAT PROTECTED CLASS THAT ARE ACTUAL VOTERS.
   2.  RIGHT  OF  ACTION AGAINST VOTE DILUTION. (A) A METHOD OF ELECTION,
 INCLUDING AT-LARGE, DISTRICT-BASED, OR ALTERNATIVE, SHALL NOT  HAVE  THE
 EFFECT OF IMPAIRING THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT

 S. 1046                             4
 
 CANDIDATES  OF  THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS, AS A
 RESULT OF THE DILUTION OR THE ABRIDGMENT OF THE RIGHTS OF MEMBERS OF THE
 PROTECTED CLASS.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I)  ESTABLISHED IF A POLITICAL SUBDIVISION USES AN AT-LARGE METHOD OF
 ELECTION AND IT IS SHOWN THAT EITHER: (A) VOTING PATTERNS OF MEMBERS  OF
 THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLAR-
 IZED;  OR  (B)  UNDER  THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF
 MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF  THEIR  CHOICE  OR
 INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (II)  ESTABLISHED  IF A POLITICAL SUBDIVISION USES A DISTRICT-BASED OR
 ALTERNATIVE METHOD OF ELECTION AND IT IS SHOWN THAT CANDIDATES OR  ELEC-
 TORAL  CHOICES PREFERRED BY MEMBERS OF THE PROTECTED CLASS WOULD USUALLY
 BE DEFEATED, AND EITHER: (A) VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY  POLARIZED;  OR  (B)
 UNDER  THE  TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS OF THE
 PROTECTED CLASS TO ELECT CANDIDATES OF THEIR  CHOICE  OR  INFLUENCE  THE
 OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (III)  PRESUMPTIVELY  ESTABLISHED  IF  IT  IS SHOWN THAT THE POLITICAL
 SUBDIVISION USED RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP, OR ANOTHER
 CHARACTERISTIC THAT SERVES AS A PROXY FOR RACE, ETHNICITY, OR  LANGUAGE-
 MINORITY GROUP, FOR THE PURPOSE OF DISTRICTING OR REDISTRICTING. A POLI-
 TICAL  SUBDIVISION  SHALL  ONLY  REBUT  THIS PRESUMPTION BY SHOWING THAT
 RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP, OR  ANOTHER  CHARACTERISTIC
 THAT  SERVES AS A PROXY FOR RACE, ETHNICITY, OR LANGUAGE-MINORITY GROUP,
 WAS USED TO THE EXTENT NECESSARY TO COMPLY WITH THIS TITLE, THE  FEDERAL
 VOTING  RIGHTS  ACT, THE CONSTITUTION, OR THE CONSTITUTION OF THE UNITED
 STATES.
   (C) IN ASSESSING WHETHER VOTING PATTERNS OF MEMBERS OF  THE  PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLARIZED OR WHETHER
 CANDIDATES  OR  ELECTORAL  CHOICES PREFERRED BY MEMBERS OF THE PROTECTED
 CLASS WOULD USUALLY BE DEFEATED:  (I) ELECTIONS CONDUCTED PRIOR  TO  THE
 FILING OF AN ACTION PURSUANT TO THIS SUBDIVISION ARE MORE PROBATIVE THAN
 ELECTIONS  CONDUCTED  AFTER  THE  FILING  OF  THE  ACTION; (II) EVIDENCE
 CONCERNING ELECTIONS FOR MEMBERS OF THE GOVERNING BODY OF THE  POLITICAL
 SUBDIVISION ARE MORE PROBATIVE THAN EVIDENCE CONCERNING OTHER ELECTIONS;
 (III)  STATISTICAL  EVIDENCE  IS  MORE  PROBATIVE  THAN  NON-STATISTICAL
 EVIDENCE; (IV) WHERE THERE IS EVIDENCE  THAT  MORE  THAN  ONE  PROTECTED
 CLASS  OF  ELIGIBLE  VOTERS  ARE  POLITICALLY  COHESIVE IN THE POLITICAL
 SUBDIVISION, MEMBERS OF EACH OF THOSE PROTECTED CLASSES MAY BE COMBINED;
 (V) EVIDENCE CONCERNING THE INTENT ON THE PART OF  THE  VOTERS,  ELECTED
 OFFICIALS,  OR  THE  POLITICAL  SUBDIVISION  TO  DISCRIMINATE  AGAINST A
 PROTECTED CLASS IS NOT REQUIRED; (VI) EVIDENCE THAT VOTING PATTERNS  AND
 ELECTION  OUTCOMES  COULD  BE  EXPLAINED  BY FACTORS OTHER THAN RACIALLY
 POLARIZED VOTING, INCLUDING BUT NOT LIMITED TO PARTISANSHIP,  SHALL  NOT
 BE  CONSIDERED;  (VII) EVIDENCE THAT SUB-GROUPS WITHIN A PROTECTED CLASS
 HAVE DIFFERENT VOTING PATTERNS SHALL NOT BE CONSIDERED; (VIII)  EVIDENCE
 CONCERNING  WHETHER  MEMBERS  OF  A  PROTECTED  CLASS ARE GEOGRAPHICALLY
 COMPACT OR CONCENTRATED SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR  IN
 DETERMINING AN APPROPRIATE REMEDY; AND (IX) EVIDENCE CONCERNING PROJECT-
 ED  CHANGES  IN  POPULATION OR DEMOGRAPHICS SHALL NOT BE CONSIDERED, BUT
 MAY BE A FACTOR, IN DETERMINING AN APPROPRIATE REMEDY.
   (D) IN ASSESSING WHETHER, UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE
 ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES  OF  THEIR
 CHOICE  OR  INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED, FACTORS THAT
 MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE  HISTORY

 S. 1046                             5
 
 OF  DISCRIMINATION  IN  THE POLITICAL SUBDIVISION, GEOGRAPHIC REGION, OR
 THE STATE; (II) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS  HAVE
 BEEN  ELECTED  TO  OFFICE IN THE POLITICAL SUBDIVISION; (III) THE USE OF
 ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAND-
 ARD,  PRACTICE,  PROCEDURE,  REGULATION,  OR POLICY THAT MAY ENHANCE THE
 DILUTIVE EFFECTS OF THE ELECTION SCHEME; (IV) DENIAL OF ACCESS OF EITHER
 ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE PROTECTED CLASS  TO
 THOSE  PROCESSES  DETERMINING  WHICH  GROUPS  OF CANDIDATES WILL RECEIVE
 ACCESS TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER  SUPPORT  IN  A  GIVEN
 ELECTION;  (V)  THE  EXTENT  TO  WHICH  MEMBERS  OF  THE PROTECTED CLASS
 CONTRIBUTE TO POLITICAL CAMPAIGNS AT LOWER RATES;  (VI)  THE  EXTENT  TO
 WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLITICAL SUBDIVISION
 VOTE  AT  LOWER  RATES  THAN  OTHER MEMBERS OF THE ELECTORATE; (VII) THE
 EXTENT TO WHICH MEMBERS OF THE  PROTECTED  CLASS  ARE  DISADVANTAGED  IN
 AREAS INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT, HEALTH, CRIMI-
 NAL  JUSTICE, HOUSING, LAND USE, OR ENVIRONMENTAL PROTECTION; (VIII) THE
 EXTENT TO WHICH MEMBERS OF THE  PROTECTED  CLASS  ARE  DISADVANTAGED  IN
 OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTICIPATE EFFECTIVELY IN
 THE POLITICAL PROCESS; (IX) THE USE OF OVERT OR SUBTLE RACIAL APPEALS IN
 POLITICAL  CAMPAIGNS;  (X)  A  SIGNIFICANT LACK OF RESPONSIVENESS ON THE
 PART OF ELECTED OFFICIALS TO THE PARTICULARIZED NEEDS OF MEMBERS OF  THE
 PROTECTED  CLASS;  AND  (XI)  WHETHER  THE  POLITICAL  SUBDIVISION HAS A
 COMPELLING POLICY JUSTIFICATION FOR ADOPTING OR MAINTAINING  THE  METHOD
 OF  ELECTION.  NO  FACTOR  IS  DISPOSITIVE OR NECESSARY TO ESTABLISH THE
 EXISTENCE OF  RACIALLY  POLARIZED  VOTING.  EVIDENCE  OF  THESE  FACTORS
 CONCERNING THE STATE, PRIVATE ACTORS, OR OTHER POLITICAL SUBDIVISIONS IN
 THE  GEOGRAPHIC  REGION  MAY  BE  CONSIDERED  BUT IS LESS PROBATIVE THAN
 EVIDENCE CONCERNING THE POLITICAL SUBDIVISION ITSELF.
   3. STANDING.  ANY  AGGRIEVED  PERSON,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES  OR  IS LIKELY TO INCLUDE AGGRIEVED PERSONS, ORGANIZATION WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A  RESULT
 OF  A  VIOLATION  OF  THIS  SECTION, OR THE ATTORNEY GENERAL MAY FILE AN
 ACTION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF  THE  COUNTY  IN
 WHICH THE POLITICAL SUBDIVISION IS LOCATED.
   4.  REMEDIES.  (A)  UPON  A FINDING OF A VIOLATION OF ANY PROVISION OF
 THIS SECTION, THE COURT SHALL IMPLEMENT APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION. REMEDIES MAY INCLUDE, BUT SHALL NOT BE
 LIMITED TO:
   (I) A DISTRICT-BASED METHOD OF ELECTION;
   (II) AN ALTERNATIVE METHOD OF ELECTION;
   (III) NEW OR REVISED DISTRICTING OR REDISTRICTING PLANS;
   (IV)  ELIMINATION  OF  STAGGERED  ELECTIONS SO THAT ALL MEMBERS OF THE
 GOVERNING BODY ARE ELECTED ON THE SAME DATE;
   (V) INCREASING THE SIZE OF THE GOVERNING BODY;
   (VI) MOVING THE DATES OF ELECTIONS TO BE CONCURRENT WITH  THE  PRIMARY
 OR  GENERAL  ELECTION  DATES FOR STATE, COUNTY, OR CITY OFFICE AS ESTAB-
 LISHED IN SECTION EIGHT OF ARTICLE THREE OR  SECTION  EIGHT  OF  ARTICLE
 THIRTEEN OF THE CONSTITUTION;
   (VII) ADDITIONAL VOTING HOURS OR DAYS;
   (VIII) ADDITIONAL POLLING LOCATIONS;
   (IX) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL;
   (X) ORDERING OF SPECIAL ELECTIONS;
   (XI) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION;
   (XII) REQUIRING ADDITIONAL VOTER EDUCATION;
   (XIII) MODIFYING THE ELECTION CALENDAR; OR

 S. 1046                             6
 
   (XIV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS.
   (B)  THE  COURT  SHALL  ONLY ADOPT A REMEDY THAT WILL NOT DIMINISH THE
 ABILITY OF MINORITY GROUPS TO PARTICIPATE IN THE POLITICAL  PROCESS  AND
 TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.  THE COURT SHALL CONSIDER
 PROPOSED  REMEDIES  BY ANY PARTIES AND INTERESTED NON-PARTIES, AND SHALL
 NOT PROVIDE DEFERENCE OR PRIORITY TO A PROPOSED  REMEDY  BECAUSE  IT  IS
 PROPOSED  BY  THE  POLITICAL  SUBDIVISION.  THIS  TITLE  GIVES THE COURT
 AUTHORITY TO IMPLEMENT REMEDIES NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   5.  PROCEDURES  FOR  IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS-
 TRICTING PLANS. THE GOVERNING BODY OF A POLITICAL SUBDIVISION  WITH  THE
 AUTHORITY  UNDER  THIS  TITLE AND ALL APPLICABLE STATE AND LOCAL LAWS TO
 ENACT AND IMPLEMENT A NEW METHOD OF ELECTION THAT WILL REPLACE THE POLI-
 TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR
 ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING
 OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS  ENUMERATED  IN
 THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA-
 TION  LETTER,  AS  DEFINED  IN  SUBDIVISION  SIX OF THIS SECTION, OR THE
 FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE  FEDERAL  VOTING  RIGHTS
 ACT.
   (A)  BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 OF THE PROPOSED BOUNDARIES OF THE DISTRICTS, THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT  LEAST TWO PUBLIC HEARINGS OVER A PERIOD OF NO MORE THAN
 THIRTY DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE  INPUT  REGARDING
 THE  COMPOSITION  OF THE DISTRICTS. BEFORE THESE HEARINGS, THE POLITICAL
 SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING  TO  NON-ENGL-
 ISH-SPEAKING  COMMUNITIES,  TO  EXPLAIN THE DISTRICTING OR REDISTRICTING
 PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION.
   (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN,  THE
 POLITICAL  SUBDIVISION  SHALL  PUBLISH AND MAKE AVAILABLE FOR RELEASE AT
 LEAST ONE DRAFT DISTRICTING OR REDISTRICTING PLAN AND, IF MEMBERS OF THE
 GOVERNING BODY OF THE POLITICAL SUBDIVISION WILL  BE  ELECTED  IN  THEIR
 DISTRICTS  AT  DIFFERENT TIMES TO PROVIDE FOR STAGGERED TERMS OF OFFICE,
 THE POTENTIAL SEQUENCE OF THE ELECTIONS. THE POLITICAL SUBDIVISION SHALL
 ALSO HOLD AT LEAST TWO ADDITIONAL HEARINGS OVER A PERIOD OF NO MORE THAN
 FORTY-FIVE DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE INPUT REGARD-
 ING THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR  PLANS
 AND  THE  PROPOSED  SEQUENCE  OF  ELECTIONS,  IF APPLICABLE.   THE DRAFT
 DISTRICTING OR REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED  AT  LEAST
 SEVEN  DAYS  BEFORE CONSIDERATION AT A HEARING. IF THE DRAFT DISTRICTING
 OR REDISTRICING PLAN OR PLANS ARE REVISED AT OR FOLLOWING A HEARING, THE
 REVISED VERSIONS SHALL BE PUBLISHED AND MADE AVAILABLE TO THE PUBLIC FOR
 AT LEAST SEVEN DAYS BEFORE BEING ADOPTED.
   (C) IN DETERMINING  THE  FINAL  SEQUENCE  OF  THE  DISTRICT  ELECTIONS
 CONDUCTED  IN  A POLITICAL SUBDIVISION IN WHICH MEMBERS OF THE GOVERNING
 BODY WILL BE ELECTED AT DIFFERENT TIMES TO PROVIDE FOR  STAGGERED  TERMS
 OF  OFFICE,  THE  GOVERNING BODY SHALL GIVE SPECIAL CONSIDERATION TO THE
 PURPOSES OF THIS TITLE, AND IT SHALL TAKE INTO ACCOUNT  THE  PREFERENCES
 EXPRESSED BY MEMBERS OF THE DISTRICTS.
   6.  NOTIFICATION  REQUIREMENT  AND  SAFE  HARBOR FOR JUDICIAL ACTIONS.
 BEFORE COMMENCING A JUDICIAL  ACTION  AGAINST  A  POLITICAL  SUBDIVISION
 UNDER THIS SECTION, A PROSPECTIVE PLAINTIFF SHALL SEND BY CERTIFIED MAIL
 A  WRITTEN  NOTICE TO THE CLERK OF THE POLITICAL SUBDIVISION, OR, IF THE
 POLITICAL SUBDIVISION DOES NOT HAVE A CLERK, THE GOVERNING BODY  OF  THE
 POLITICAL  SUBDIVISION,  AGAINST  WHICH  THE  ACTION  WOULD  BE BROUGHT,
 ASSERTING THAT THE POLITICAL SUBDIVISION MAY BE  IN  VIOLATION  OF  THIS

 S. 1046                             7
 
 TITLE. THIS WRITTEN NOTICE SHALL BE REFERRED TO AS A "NYVRA NOTIFICATION
 LETTER"  IN  THIS  TITLE.  FOR  ACTIONS AGAINST A SCHOOL DISTRICT OR ANY
 OTHER POLITICAL SUBDIVISION THAT HOLDS ELECTIONS GOVERNED BY THE  EDUCA-
 TION  LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A
 COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION.
   (A) A PROSPECTIVE PLAINTIFF  SHALL  NOT  COMMENCE  A  JUDICIAL  ACTION
 AGAINST  A POLITICAL SUBDIVISION UNDER THIS SECTION WITHIN FIFTY DAYS OF
 SENDING TO THE POLITICAL SUBDIVISION A NYVRA NOTIFICATION LETTER.
   (B) BEFORE RECEIVING A NYVRA NOTIFICATION LETTER, OR WITHIN FIFTY DAYS
 OF MAILING OF A NYVRA NOTIFICATION LETTER, THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION MAY PASS A RESOLUTION  AFFIRMING:  (I)  THE  POLITICAL
 SUBDIVISION'S  INTENTION TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL
 VIOLATION OF THIS TITLE; (II) SPECIFIC STEPS IT WILL UNDERTAKE TO FACIL-
 ITATE APPROVAL AND IMPLEMENTATION OF SUCH A REMEDY; AND (III) A SCHEDULE
 FOR ENACTING AND IMPLEMENTING SUCH A REMEDY. SUCH A RESOLUTION SHALL  BE
 REFERRED TO AS A "NYVRA RESOLUTION" IN THIS TITLE. IF A POLITICAL SUBDI-
 VISION  PASSES  A  NYVRA  RESOLUTION,  A PROSPECTIVE PLAINTIFF SHALL NOT
 COMMENCE AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL  SUBDI-
 VISION  WITHIN  NINETY  DAYS  OF  THE  RESOLUTION'S PASSAGE. FOR ACTIONS
 AGAINST A SCHOOL DISTRICT, THE COMMISSIONER OF EDUCATION MAY  ORDER  THE
 ENACTMENT OF AN NYVRA RESOLUTION PURSUANT TO THE COMMISSIONER'S AUTHORI-
 TY UNDER SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.
   (C) IF THE GOVERNING BODY OF A POLITICAL SUBDIVISION LACKS THE AUTHOR-
 ITY  UNDER  THIS TITLE OR APPLICABLE STATE LAW OR LOCAL LAWS TO ENACT OR
 IMPLEMENT A REMEDY IDENTIFIED IN A NYVRA RESOLUTION WITHIN  NINETY  DAYS
 AFTER  THE PASSAGE OF THE NYVRA RESOLUTION, OR IF THE POLITICAL SUBDIVI-
 SION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF THIS  TITLE,
 THE  GOVERNING BODY OF THE POLITICAL SUBDIVISION MAY UNDERTAKE THE STEPS
 ENUMERATED IN THE FOLLOWING PROVISIONS UPON PASSAGE OF  A  NYVRA  RESOL-
 UTION:
   (I)  THE  GOVERNING  BODY  OF  THE POLITICAL SUBDIVISION MAY APPROVE A
 PROPOSED REMEDY THAT COMPLIES WITH THIS TITLE AND SUBMIT SUCH A PROPOSED
 REMEDY TO THE CIVIL RIGHTS BUREAU.  SUCH A SUBMISSION SHALL BE  REFERRED
 TO AS A "NYVRA PROPOSAL" IN THIS TITLE.
   (II)  PRIOR  TO  PASSING  A  NYVRA PROPOSAL, THE POLITICAL SUBDIVISION
 SHALL HOLD AT LEAST ONE PUBLIC HEARING, AT WHICH THE PUBLIC  IS  INVITED
 TO PROVIDE INPUT REGARDING THE NYVRA PROPOSAL.  BEFORE THIS HEARING, THE
 POLITICAL  SUBDIVISION  MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING TO
 NON-ENGLISH-SPEAKING COMMUNITIES, TO ENCOURAGE PUBLIC PARTICIPATION.
   (III) WITHIN SIXTY DAYS OF RECEIPT OF  A  NYVRA  PROPOSAL,  THE  CIVIL
 RIGHTS BUREAU SHALL EITHER GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL.
   (IV)  THE  CIVIL  RIGHTS BUREAU SHALL ONLY GRANT APPROVAL TO THE NYVRA
 PROPOSAL IF IT CONCLUDES THAT: (A) THE POLITICAL SUBDIVISION MAY  BE  IN
 VIOLATION  OF THIS TITLE; (B) THE NYVRA PROPOSAL WOULD REMEDY ANY POTEN-
 TIAL VIOLATION OF THIS TITLE; (C) THE  NYVRA  PROPOSAL  IS  UNLIKELY  TO
 VIOLATE THE CONSTITUTION OR ANY FEDERAL LAW; (D) THE NYVRA PROPOSAL WILL
 NOT  DIMINISH THE ABILITY OF MINORITY GROUPS TO PARTICIPATE IN THE POLI-
 TICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE; AND (E)
 IMPLEMENTATION OF THE NYVRA  PROPOSAL  IS  FEASIBLE.  THE  CIVIL  RIGHTS
 BUREAU  MAY  GRANT  APPROVAL  TO  THE NYVRA PROPOSAL NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   (V) IF THE CIVIL RIGHTS BUREAU GRANTS  APPROVAL,  THE  NYVRA  PROPOSAL
 SHALL  BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. IF  THE  POLI-
 TICAL SUBDIVISION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF

 S. 1046                             8
 
 THIS TITLE, THERE SHALL BE NO NEED FOR THE POLITICAL SUBDIVISION TO ALSO
 OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH SECTION.
   (VI)  IF  THE  CIVIL RIGHTS BUREAU DENIES APPROVAL, THE NYVRA PROPOSAL
 SHALL NOT BE ENACTED OR IMPLEMENTED. THE CIVIL RIGHTS BUREAU MAY, IN ITS
 DISCRETION, INTERPOSE OBJECTIONS EXPLAINING ITS BASIS OR INDICATE ANOTH-
 ER NYVRA PROPOSAL FOR WHICH IT WOULD GRANT APPROVAL.
   (VII) IF THE CIVIL RIGHTS BUREAU DOES NOT RESPOND, THE NYVRA  PROPOSAL
 SHALL NOT BE ENACTED OR IMPLEMENTED.
   (D)  A  POLITICAL  SUBDIVISION  THAT HAS PASSED A NYVRA RESOLUTION MAY
 ENTER INTO AN AGREEMENT WITH A PROSPECTIVE PLAINTIFF WHO SENDS  A  NYVRA
 NOTIFICATION  LETTER  PROVIDING  THAT SUCH A PROSPECTIVE PLAINTIFF SHALL
 NOT COMMENCE AN ACTION TO ENFORCE THIS  SECTION  AGAINST  THE  POLITICAL
 SUBDIVISION FOR AN ADDITIONAL NINETY DAYS. THIS WRITTEN AGREEMENT MAY BE
 REFERRED TO AS A "NYVRA EXTENSION AGREEMENT". THE NYVRA EXTENSION AGREE-
 MENT  SHALL  INCLUDE A REQUIREMENT THAT EITHER THE POLITICAL SUBDIVISION
 SHALL ENACT AND IMPLEMENT A REMEDY THAT COMPLIES WITH THIS TITLE OR  THE
 POLITICAL  SUBDIVISION  SHALL PASS A NYVRA PROPOSAL AND SUBMIT IT TO THE
 CIVIL RIGHTS BUREAU.
   (E) IF, PURSUANT TO  A  PROCESS  COMMENCED  BY  A  NYVRA  NOTIFICATION
 LETTER,  A  POLITICAL  SUBDIVISION  ENACTS OR IMPLEMENTS A REMEDY OR THE
 CIVIL RIGHTS BUREAU GRANTS APPROVAL TO A NYVRA PROPOSAL,  A  PROSPECTIVE
 PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER MAY, WITHIN THIRTY DAYS
 OF  THE  ENACTMENT  OR  IMPLEMENTATION  OF THE REMEDY OR APPROVAL OF THE
 NYVRA PROPOSAL, DEMAND REIMBURSEMENT FOR THE COST OF  THE  WORK  PRODUCT
 GENERATED TO SUPPORT THE NYVRA NOTIFICATION LETTER. A PROSPECTIVE PLAIN-
 TIFF  SHALL MAKE THE DEMAND IN WRITING AND SHALL SUBSTANTIATE THE DEMAND
 WITH FINANCIAL DOCUMENTATION, SUCH AS A DETAILED INVOICE FOR  DEMOGRAPHY
 SERVICES  OR FOR THE ANALYSIS OF VOTING PATTERNS IN THE POLITICAL SUBDI-
 VISION. A POLITICAL SUBDIVISION MAY REQUEST ADDITIONAL DOCUMENTATION  IF
 THE  PROVIDED  DOCUMENTATION  IS INSUFFICIENT TO CORROBORATE THE CLAIMED
 COSTS. A POLITICAL SUBDIVISION SHALL REIMBURSE A  PROSPECTIVE  PLAINTIFF
 FOR REASONABLE COSTS CLAIMED, OR IN AN AMOUNT TO WHICH THE PARTIES MUTU-
 ALLY  AGREE,  WITHIN  FORTY-FIVE  DAYS  OF RECEIVING THE WRITTEN DEMAND,
 EXCEPT THAT IF MORE  THAN  ONE  PROSPECTIVE  PLAINTIFF  IS  ENTITLED  TO
 REIMBURSEMENT, THE POLITICAL SUBDIVISION SHALL REIMBURSE THE PROSPECTIVE
 PLAINTIFFS  IN  THE  ORDER IN WHICH THEY SENT NYVRA NOTIFICATION LETTERS
 AND THE FORTY-FIVE DAY TIME PERIOD DESCRIBED HEREIN SHALL APPLY ONLY  TO
 REIMBURSEMENT  OF  THE  FIRST  PROSPECTIVE  PLAINTIFF WHO SENT A WRITTEN
 NOTICE. THE CUMULATIVE  AMOUNT  OF  REIMBURSEMENTS  TO  ALL  PROSPECTIVE
 PLAINTIFFS,  EXCEPT  FOR  ACTIONS BROUGHT BY THE ATTORNEY GENERAL, SHALL
 NOT EXCEED FORTY-THREE THOUSAND DOLLARS, AS  ADJUSTED  ANNUALLY  TO  THE
 CONSUMER  PRICE  INDEX FOR ALL URBAN CONSUMERS, UNITED STATES CITY AVER-
 AGE, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
   (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IF  THE  FIRST
 DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVISION'S NEXT REGULAR
 ELECTION TO SELECT MEMBERS OF ITS GOVERNING BOARD HAS BEGUN OR IS SCHED-
 ULED TO BEGIN WITHIN THIRTY DAYS, OR IF A POLITICAL SUBDIVISION IS SCHE-
 DULED  TO  CONDUCT ANY ELECTION WITHIN ONE HUNDRED TWENTY DAYS, A PLAIN-
 TIFF ALLEGING THAT THE MODE OF ELECTION OR DISTRICTING OR  REDISTRICTING
 PLAN  IN EFFECT FOR THAT ELECTION WILL VIOLATE THIS TITLE MAY COMMENCE A
 JUDICIAL ACTION AGAINST A  POLITICAL  SUBDIVISION  UNDER  THIS  SECTION,
 PROVIDED THAT THE RELIEF SOUGHT BY SUCH A PLAINTIFF INCLUDES PRELIMINARY
 RELIEF  FOR THAT ELECTION. PRIOR TO OR CONCURRENT WITH COMMENCING SUCH A
 JUDICIAL ACTION, ANY SUCH PLAINTIFF SHALL ALSO SUBMIT A NYVRA  NOTIFICA-
 TION LETTER TO THE POLITICAL SUBDIVISION. IF A JUDICIAL ACTION COMMENCED
 UNDER  THIS PROVISION IS WITHDRAWN OR DISMISSED FOR MOOTNESS BECAUSE THE

 S. 1046                             9
 
 POLITICAL SUBDIVISION HAS ENACTED OR IMPLEMENTED A REMEDY OR  THE  CIVIL
 RIGHTS  BUREAU  HAS  GRANTED  APPROVAL OF A NYVRA PROPOSAL PURSUANT TO A
 PROCESS COMMENCED BY A NYVRA NOTIFICATION LETTER, ANY SUCH PLAINTIFF MAY
 ONLY DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION.
   7.  EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF.  BECAUSE OF
 THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRREPARABLE HARM
 OF HOLDING ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE  EXPENDITURE  TO
 DEFEND POTENTIALLY UNLAWFUL CONDITIONS THAT BENEFIT INCUMBENT OFFICIALS,
 ACTIONS  BROUGHT  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE. IN ANY ACTION ALLEGING A VIOLATION OF  THIS  SECTION  IN  WHICH  A
 PLAINTIFF  PARTY  SEEKS  PRELIMINARY  RELIEF WITH RESPECT TO AN UPCOMING
 ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES THAT: (A) PLAIN-
 TIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS; AND (B)  IT  IS
 POSSIBLE  TO  IMPLEMENT  AN  APPROPRIATE  REMEDY  THAT WOULD RESOLVE THE
 ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   § 17-208. MAINTENANCE OF VOTING AND ELECTION DATA. 1.    ESTABLISHMENT
 OF  A  STATEWIDE  DATABASE.  THERE SHALL BE ESTABLISHED WITHIN THE STATE
 UNIVERSITY OF NEW YORK A REPOSITORY OF THE DATA NECESSARY TO ASSIST  THE
 STATE AND ALL POLITICAL SUBDIVISIONS WITH EVALUATING WHETHER AND TO WHAT
 EXTENT  EXISTING LAWS AND PRACTICES WITH RESPECT TO VOTING AND ELECTIONS
 ARE CONSISTENT WITH THE PUBLIC POLICY EXPRESSED IN  THIS  TITLE,  IMPLE-
 MENTING  BEST  PRACTICES IN VOTING AND ELECTIONS TO ACHIEVE THE PURPOSES
 OF THIS TITLE, AND TO INVESTIGATE POTENTIAL INFRINGEMENTS UPON THE RIGHT
 TO VOTE. THIS REPOSITORY SHALL BE REFERRED TO AS  THE  "STATEWIDE  DATA-
 BASE" IN THIS TITLE.
   2.  DIRECTOR OF THE STATEWIDE DATABASE. THE OPERATION OF THE STATEWIDE
 DATABASE SHALL BE THE RESPONSIBILITY OF THE DIRECTOR  OF  THE  STATEWIDE
 DATABASE,  HEREINAFTER  REFERRED TO IN THIS TITLE AS THE "DIRECTOR", WHO
 SHALL BE A MEMBER OF THE FACULTY OF THE STATE  UNIVERSITY  OF  NEW  YORK
 WITH  DOCTORAL-LEVEL  EXPERTISE IN DEMOGRAPHY, STATISTICAL ANALYSIS, AND
 ELECTORAL SYSTEMS.  THE DIRECTOR SHALL BE APPOINTED BY THE GOVERNOR.
   3. STATEWIDE DATABASE STAFF. THE DIRECTOR SHALL APPOINT SUCH STAFF  AS
 ARE NECESSARY TO IMPLEMENT AND MAINTAIN THE STATEWIDE DATABASE.
   4. DATA, INFORMATION, AND ESTIMATES MAINTAINED. THE STATEWIDE DATABASE
 SHALL  MAINTAIN  IN  ELECTRONIC  FORMAT  AT LEAST THE FOLLOWING DATA AND
 RECORDS FOR AT LEAST THE PREVIOUS TWELVE YEAR PERIOD:
   (A) ESTIMATES OF THE TOTAL  POPULATION,  VOTING  AGE  POPULATION,  AND
 CITIZEN  VOTING AGE POPULATION BY RACE, ETHNICITY, AND LANGUAGE-MINORITY
 GROUP, BROKEN DOWN TO THE ELECTION  DISTRICT  LEVEL  ON  A  YEAR-BY-YEAR
 BASIS  FOR  EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON DATA FROM
 THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR  DATA  OF
 COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
   (B)  ELECTION  RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATE-
 WIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (C) CONTEMPORANEOUS VOTER REGISTRATION  LISTS,  VOTER  HISTORY  FILES,
 ELECTION  DAY  POLL SITE LOCATIONS, AND EARLY VOTING SITE LOCATIONS, FOR
 EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (D) CONTEMPORANEOUS MAPS, DESCRIPTIONS OF BOUNDARIES,  AND  SHAPEFILES
 FOR ELECTION DISTRICTS.
   (E) ELECTION DAY OR EARLY VOTING POLL SITES INCLUDING, BUT NOT LIMITED
 TO,  LISTS  OF  ELECTION  DISTRICTS  ASSIGNED  TO EACH POLLING PLACE, IF
 APPLICABLE.
   (F) DISTRICTING OR REDISTRICTING PLANS FOR  EVERY  ELECTION  IN  EVERY
 POLITICAL SUBDIVISION.

 S. 1046                            10
 
   (G)  ANY  OTHER  DATA THAT THE DIRECTOR DEEMS ADVISABLE TO MAINTAIN IN
 FURTHERANCE OF THE PURPOSES OF THIS TITLE.
   5.  PUBLIC  AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION, OR
 ESTIMATES THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION,  AND
 ESTIMATES  MAINTAINED  BY  THE STATEWIDE DATABASE SHALL BE POSTED ONLINE
 AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
   6. DATA ON RACE, ETHNICITY, AND LANGUAGE-MINORITY GROUPS.  THE  STATE-
 WIDE  DATABASE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS SECTION
 BY APPLYING THE MOST ADVANCED, PEER-REVIEWED,  AND  VALIDATED  METHODOL-
 OGIES.
   7.  CALCULATION  AND PUBLICATION OF POLITICAL SUBDIVISIONS REQUIRED TO
 PROVIDE ASSISTANCE TO LANGUAGE-MINORITY GROUPS. ON  OR  BEFORE  FEBRUARY
 TWENTY-EIGHTH,  TWO THOUSAND TWENTY-THREE AND EVERY THIRD YEAR THEREAFT-
 ER, THE STATEWIDE DATABASE SHALL PUBLISH ON ITS WEB SITE AND TRANSMIT TO
 THE STATE BOARD OF ELECTIONS FOR DISSEMINATION TO THE COUNTY  BOARDS  OF
 ELECTIONS  AND  FOR  THE  STATE EDUCATION DEPARTMENT A LIST OF POLITICAL
 SUBDIVISIONS REQUIRED PURSUANT TO THIS SECTION TO PROVIDE ASSISTANCE  TO
 MEMBERS  OF  LANGUAGE-MINORITY  GROUPS  AND EACH LANGUAGE IN WHICH THOSE
 POLITICAL SUBDIVISIONS ARE REQUIRED TO PROVIDE ASSISTANCE. THE BOARDS OF
 ELECTIONS SHALL TRANSMIT THE LIST  DESCRIBED  HEREIN  TO  ALL  POLITICAL
 SUBDIVISIONS WITHIN THEIR JURISDICTION.
   8.  DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATABASE.  UPON THE
 CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTO-
 RY FILE AFTER EACH ELECTION,  EACH  ELECTION  AUTHORITY  SHALL  TRANSMIT
 COPIES  OF:  (A)  ELECTION  RESULTS  AT THE ELECTION DISTRICT LEVEL; (B)
 CONTEMPORANEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY  FILES;  (D)
 MAPS, DESCRIPTIONS, AND SHAPEFILES FOR ELECTION DISTRICTS; AND (E) LISTS
 OF  ELECTION DAY POLL SITE AND EARLY VOTING SITES AND LISTS, SHAPEFILES,
 OR DESCRIPTIONS OF THE ELECTION DISTRICTS ASSIGNED TO EACH ELECTION  DAY
 POLL  SITE  OR  EARLY VOTING SITE. AS USED IN THIS SUBDIVISION, THE TERM
 "ELECTION AUTHORITY" REFERS TO  THE  AGENCY  PRIMARILY  RESPONSIBLE  FOR
 MAINTAINING  THE  RECORDS LISTED IN SUBDIVISION FOUR OF THIS SECTION AND
 INCLUDE ANY BOARD OF ELECTION, AS WELL AS GENERAL PURPOSE LOCAL  GOVERN-
 MENTS  OR  SPECIAL  PURPOSE  LOCAL GOVERNMENTS THAT ADMINISTER THEIR OWN
 ELECTIONS OR MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
   9. TECHNICAL ASSISTANCE TO POLITICAL SUBDIVISIONS. STAFF AT THE STATE-
 WIDE DATABASE MAY PROVIDE NON-PARTISAN TECHNICAL ASSISTANCE TO POLITICAL
 SUBDIVISIONS, SCHOLARS, AND  THE  GENERAL  PUBLIC  SEEKING  TO  USE  THE
 RESOURCES OF THE STATEWIDE DATABASE.
   10.  PRESUMPTION  OF  VALIDITY.  THE  DATA, INFORMATION, AND ESTIMATES
 MAINTAINED BY THE STATEWIDE  DATABASE  SHALL  BE  GRANTED  A  REBUTTABLE
 PRESUMPTION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT PURSU-
 ANT TO THIS TITLE.
   § 17-210. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 1. POLITICAL SUBDI-
 VISIONS REQUIRED TO PROVIDE LANGUAGE ASSISTANCE. A BOARD OF ELECTIONS OR
 A   POLITICAL  SUBDIVISION  THAT  ADMINISTERS  ELECTIONS  SHALL  PROVIDE
 LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS TO A LANGUAGE-MINOR-
 ITY GROUP IN A POLITICAL SUBDIVISION IF THE DIRECTOR  DETERMINES,  BASED
 ON DATA FROM THE AMERICAN COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALI-
 TY COLLECTED BY A PUBLIC OFFICE, THAT:
   (A) MORE THAN TWO PERCENT OF THE CITIZENS OF VOTING AGE OF A POLITICAL
 SUBDIVISION  ARE  MEMBERS  OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK
 ENGLISH "LESS THAN  VERY  WELL"  ACCORDING  TO  THE  AMERICAN  COMMUNITY
 SURVEY;
   (B)  MORE  THAN  FOUR  THOUSAND  OF THE CITIZENS OF VOTING AGE OF SUCH
 POLITICAL SUBDIVISION ARE MEMBERS OF A  SINGLE  LANGUAGE-MINORITY  GROUP

 S. 1046                            11
 
 AND SPEAK ENGLISH "LESS THAN VERY WELL" ACCORDING TO THE AMERICAN COMMU-
 NITY SURVEY; OR
   (C)  IN  THE  CASE OF A POLITICAL SUBDIVISION THAT CONTAINS ALL OR ANY
 PART OF A NATIVE AMERICAN RESERVATION, MORE  THAN  TWO  PERCENT  OF  THE
 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER-
 VATION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK ENGLISH
 "LESS  THAN  VERY WELL" ACCORDING TO THE AMERICAN COMMUNITY SURVEY.  FOR
 THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERICAN" IS DEFINED TO  INCLUDE
 ANY PERSONS RECOGNIZED BY THE UNITED STATES CENSUS BUREAU OR NEW YORK AS
 "AMERICAN INDIAN" OR "ALASKA NATIVE".
   2.  LANGUAGE  ASSISTANCE  TO BE PROVIDED. WHEN THE DIRECTOR DETERMINES
 THAT A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  SHALL  PROVIDE
 LANGUAGE  ASSISTANCE  TO  A  PARTICULAR  MINORITY  GROUP,  SUCH BOARD OF
 ELECTIONS OR POLITICAL SUBDIVISION SHALL PROVIDE VOTING MATERIALS IN THE
 COVERED LANGUAGE OF  AN  EQUAL  QUALITY  OF  THE  CORRESPONDING  ENGLISH
 LANGUAGE  MATERIALS,  INCLUDING  REGISTRATION  OR VOTING NOTICES, FORMS,
 INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMATION RELATING  TO
 THE  ELECTORAL  PROCESS, INCLUDING BALLOTS.   WHENEVER ANY SUCH BOARD OF
 ELECTIONS OR POLITICAL SUBDIVISION PROVIDES ANY REGISTRATION  OR  VOTING
 NOTICES, FORMS, INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMA-
 TION  RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED
 POLITICAL SUBDIVISION, IT SHALL PROVIDE THEM  IN  THE  LANGUAGE  OF  THE
 APPLICABLE  MINORITY  GROUP AS WELL AS IN THE ENGLISH LANGUAGE, PROVIDED
 THAT WHERE THE LANGUAGE OF THE APPLICABLE  MINORITY  GROUP  IS  ORAL  OR
 UNWRITTEN  OR  IN  THE CASE OF SOME AMERICAN INDIANS, IF THE PREDOMINANT
 LANGUAGE IS HISTORICALLY UNWRITTEN, THE BOARD OF ELECTIONS OR  POLITICAL
 SUBDIVISION  IS  ONLY REQUIRED TO FURNISH ORAL INSTRUCTIONS, ASSISTANCE,
 OR OTHER INFORMATION RELATING TO REGISTRATION AND VOTING.
   3. ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING  MATERIALS.
 A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  THAT  SHALL PROVIDE
 LANGUAGE ASSISTANCE TO A  PARTICULAR  MINORITY  GROUP,  WHICH  SEEKS  TO
 PROVIDE  ENGLISH-ONLY MATERIALS NOTWITHSTANDING THE DETERMINATION OF THE
 DIRECTOR, MAY FILE AN ACTION AGAINST THE STATE FOR A  DECLARATORY  JUDG-
 MENT  PERMITTING  SUCH  PROVISION.  THE  COURT SHALL GRANT THE REQUESTED
 RELIEF IF IT FINDS THAT THE DETERMINATION OF THE DIRECTOR WAS  UNREASON-
 ABLE OR AN ABUSE OF DISCRETION.
   § 17-212. PRECLEARANCE.  1.  PRECLEARANCE. TO ENSURE THAT THE RIGHT TO
 VOTE IS NOT DENIED  OR  ABRIDGED  ON  ACCOUNT  OF  RACE,  ETHNICITY,  OR
 LANGUAGE-MINORITY  GROUP, AS A RESULT OF THE ENACTMENT OR IMPLEMENTATION
 OF A COVERED POLICY, AS DEFINED IN  SUBDIVISION  TWO  OF  THIS  SECTION,
 AFTER  THE  EFFECTIVE DATE OF THIS SECTION, THE ENACTMENT OR IMPLEMENTA-
 TION OF A COVERED POLICY BY A COVERED ENTITY, AS DEFINED IN  SUBDIVISION
 THREE  OF  THIS  SECTION,  SHALL BE SUBJECT TO PRECLEARANCE BY THE CIVIL
 RIGHTS BUREAU OR BY A DESIGNATED COURT AS SET FORTH IN THIS SECTION.
   2. COVERED POLICIES. A "COVERED POLICY" SHALL INCLUDE ANY NEW OR MODI-
 FIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAN-
 DARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY CONCERNING ANY  OF  THE
 FOLLOWING TOPICS:
   (A) DISTRICTING OR REDISTRICTING;
   (B) METHOD OF ELECTION;
   (C) FORM OF GOVERNMENT;
   (D) ANNEXATION OF A POLITICAL SUBDIVISION;
   (E) INCORPORATION OF A POLITICAL SUBDIVISION;
   (F) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS;
   (G)  REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE
 ACTIVITIES;

 S. 1046                            12
 
   (H) NUMBER, LOCATION, OR HOURS OF ANY ELECTION  DAY  OR  EARLY  VOTING
 POLL SITE;
   (I)  DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT
 TO SPECIAL ELECTIONS;
   (J) REGISTRATION OF VOTERS;
   (K) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR  EARLY  VOTING
 POLL SITES;
   (L) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP;
   (M) CHANGES TO THE GOVERNMENTAL POWERS OF ELECTED OFFICIALS; AND
   (N) THE CIVIL RIGHTS BUREAU MAY DESIGNATE ADDITIONAL TOPICS FOR INCLU-
 SION  IN THIS LIST PURSUANT TO A RULE PROMULGATED UNDER THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT, IF IT DETERMINES THAT A NEW OR MODIFIED  VOTING
 QUALIFICATION,  PREREQUISITE  TO VOTING, LAW, ORDINANCE, STANDARD, PRAC-
 TICE, PROCEDURE, REGULATION, OR POLICY CONCERNING SUCH TOPICS  MAY  HAVE
 THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE,
 ETHNICITY, OR LANGUAGE-MINORITY GROUP.
   3. COVERED ENTITY. A "COVERED ENTITY" SHALL INCLUDE: (A) ANY POLITICAL
 SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS TWENTY-FIVE YEARS, HAS BECOME
 SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT ACTION BASED  UPON  A
 FINDING  OF  ANY VIOLATION OF THIS TITLE, THE FEDERAL VOTING RIGHTS ACT,
 THE FIFTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, OR A  VOTING-
 RELATED  VIOLATION  OF  THE  FOURTEENTH  AMENDMENT  TO THE UNITED STATES
 CONSTITUTION; (B) ANY POLITICAL SUBDIVISION WHICH, WITHIN  THE  PREVIOUS
 FIVE YEARS, HAS FAILED TO COMPLY WITH ITS OBLIGATIONS TO PROVIDE DATA OR
 INFORMATION  TO  THE  STATEWIDE DATABASE, AS STATED IN SECTION 17-208 OF
 THIS TITLE; (C) ANY POLITICAL SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS
 TWENTY-FIVE  YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR
 GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION  OF
 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE
 UNITED  STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF
 A PROTECTED CLASS; (D) ANY COUNTY IN WHICH, BASED ON  DATA  PROVIDED  BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMBINED MISDEMEANOR AND
 FELONY ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS  CONSISTING  OF  AT
 LEAST  TEN  THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT
 LEAST TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION  OF  THE  COUNTY,
 EXCEEDS  THAT  OF  THE  CITIZEN VOTING AGE POPULATION OF THE COUNTY AS A
 WHOLE BY AT LEAST TWENTY PERCENT AT ANY POINT WITHIN  THE  PREVIOUS  TEN
 YEARS;  OR  (E)  ANY  POLITICAL SUBDIVISION IN WHICH, BASED ON DATA MADE
 AVAILABLE BY THE UNITED STATES CENSUS, THE DISSIMILARITY  INDEX  OF  ANY
 PROTECTED  CLASS CONSISTING OF AT LEAST TWENTY-FIVE THOUSAND CITIZENS OF
 VOTING AGE OR WHOSE MEMBERS COMPRISE AT LEAST TEN PERCENT OF THE CITIZEN
 VOTING AGE POPULATION OF THE POLITICAL  SUBDIVISION,  IS  IN  EXCESS  OF
 FIFTY  WITH  RESPECT TO NON-HISPANIC WHITE CITIZENS OF VOTING AGE WITHIN
 THE POLITICAL SUBDIVISION AT ANY POINT WITHIN THE PREVIOUS TEN YEARS. IF
 ANY COVERED ENTITY IS A  POLITICAL  SUBDIVISION  IN  WHICH  A  BOARD  OF
 ELECTIONS  HAS  BEEN  ESTABLISHED, THAT BOARD OF ELECTIONS SHALL ALSO BE
 DEEMED A COVERED ENTITY. IF ANY POLITICAL SUBDIVISION IN WHICH  A  BOARD
 OF ELECTIONS HAS BEEN ESTABLISHED CONTAINS A COVERED ENTITY FULLY WITHIN
 ITS  BORDERS,  THAT  POLITICAL  SUBDIVISION  AND THAT BOARD OF ELECTIONS
 SHALL BOTH BE DEEMED A COVERED ENTITY.
   4. PRECLEARANCE BY CIVIL RIGHTS BUREAU. A COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE  FOR A COVERED POLICY FROM THE CIVIL RIGHTS BUREAU PURSUANT
 TO THE FOLLOWING PROCESS:
   (A) THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN  WRITING  TO
 THE  CIVIL  RIGHTS  BUREAU OF THE OFFICE OF THE ATTORNEY GENERAL. IF THE
 COVERED ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL  CONTEM-

 S. 1046                            13
 
 PORANEOUSLY  PROVIDE  A COPY OF THE COVERED POLICY TO THE STATE BOARD OF
 ELECTIONS.
   (B)  THE  CIVIL  RIGHTS BUREAU SHALL GRANT OR DENY PRECLEARANCE WITHIN
 THE FOLLOWING TIME PERIODS:
   (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OF POLL SITES OR
 THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETHER FOR ELECTION
 DAY OR EARLY VOTING,  THE  CIVIL  RIGHTS  BUREAU  SHALL  GRANT  OR  DENY
 PRECLEARANCE  WITHIN THIRTY DAYS FOLLOWING THE RECEIPT OF SUBMISSION. IF
 THE CIVIL RIGHTS BUREAU GRANTS PRECLEARANCE, IT MAY, IN ITS  DISCRETION,
 DESIGNATE  PRECLEARANCE  AS "PRELIMINARY" IN WHICH CASE THE CIVIL RIGHTS
 BUREAU MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE RECEIPT  OF
 SUBMISSION OF THE COVERED POLICY.
   (II) FOR ANY OTHER COVERED POLICY, THE CIVIL RIGHTS BUREAU SHALL GRANT
 OR  DENY  PRECLEARANCE  WITHIN  SIXTY  DAYS  FOLLOWING  THE  RECEIPT  OF
 SUBMISSION OF THE COVERED POLICY.
   (III) FOR  ANY  COVERED  POLICY  CONCERNING  THE  ESTABLISHMENT  OF  A
 DISTRICT-BASED  OR ALTERNATIVE METHOD OF ELECTION, DISTRICTING OR REDIS-
 TRICTING PLANS, OR A CHANGE TO THE FORM OF  GOVERNMENT  OF  A  POLITICAL
 SUBDIVISION,  THE CIVIL RIGHTS BUREAU MAY INVOKE UP TO TWO EXTENSIONS OF
 NINETY DAYS.
   (C) THE CIVIL RIGHTS BUREAU SHALL GRANT PRECLEARANCE ONLY IF IT DETER-
 MINES THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF  MINORITY
 GROUPS  TO  PARTICIPATE  IN  THE  POLITICAL  PROCESS  AND TO ELECT THEIR
 PREFERRED CANDIDATES TO  OFFICE.  IF  THE  CIVIL  RIGHTS  BUREAU  GRANTS
 PRECLEARANCE,  THE  COVERED  ENTITY  MAY  ENACT OR IMPLEMENT THE COVERED
 POLICY IMMEDIATELY.
   (D) IF THE CIVIL RIGHTS BUREAU DENIES PRECLEARANCE, THE  CIVIL  RIGHTS
 BUREAU  SHALL  INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED
 POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (E) IF THE CIVIL RIGHTS BUREAU FAILS TO RESPOND WITHIN  THE  TIME  FOR
 RESPONSE  AS  ESTABLISHED  IN  THIS SECTION, THE COVERED POLICY SHALL BE
 DEEMED PRECLEARED AND THE COVERED ENTITY  MAY  ENACT  OR  IMPLEMENT  THE
 COVERED POLICY.
   (F)  APPEAL  OF  ANY DENIAL BY THE CIVIL RIGHTS BUREAU MAY BE HEARD IN
 THE SUPREME COURT FOR THE COUNTY OF NEW YORK, FROM WHICH APPEAL  MAY  BE
 TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE PROCEDURE. DUE TO THE
 FREQUENCY  AND  URGENCY  OF  ELECTIONS, ACTIONS BROUGHT PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND
 RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON APPEAL.
   (G) THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH RULES AND  REGULATIONS
 PURSUANT  TO  THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE NECESSARY TO
 EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   5. PRECLEARANCE BY A DESIGNATED COURT. A  COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM A COURT PURSUANT TO THE FOLLOWING
 PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE FOLLOWING DESIGNATED COURT IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH
 THE  COVERED  ENTITY IS LOCATED: (I) FIRST JUDICIAL DEPARTMENT: NEW YORK
 COUNTY; (II) SECOND JUDICIAL  DEPARTMENT:    WESTCHESTER  COUNTY;  (III)
 THIRD  JUDICIAL  DEPARTMENT:  ALBANY  COUNTY;  AND  (IV) FOURTH JUDICIAL
 DEPARTMENT: ERIE COUNTY.   IF THE COVERED ENTITY IS  A  COUNTY  OR  CITY
 BOARD  OF  ELECTIONS,  IT  SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF THE
 COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B) THE COVERED ENTITY SHALL CONTEMPORANEOUSLY PROVIDE A COPY  OF  THE
 COVERED  POLICY  TO  THE CIVIL RIGHTS BUREAU. THE FAILURE OF THE COVERED

 S. 1046                            14
 
 ENTITY TO PROVIDE A COPY OF THE  COVERED  POLICY  TO  THE  CIVIL  RIGHTS
 BUREAU WILL RESULT IN AN AUTOMATIC DENIAL OF PRECLEARANCE.
   (C)  THE  COURT  SHALL  GRANT  OR  DENY PRECLEARANCE WITHIN SIXTY DAYS
 FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (D) THE COURT SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES THAT  THE
 COVERED  POLICY  WILL  NOT  DIMINISH  THE  ABILITY OF MINORITY GROUPS TO
 PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDI-
 DATES TO OFFICE. IF THE COURT GRANTS PRECLEARANCE,  THE  COVERED  ENTITY
 MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (E) IF THE COURT DENIES PRECLEARANCE, OR FAILS TO RESPOND WITHIN SIXTY
 DAYS, THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (F)  APPEAL OF ANY DENIAL MAY BE TAKEN ACCORDING TO THE ORDINARY RULES
 OF APPELLATE PROCEDURE. DUE TO THE FREQUENCY AND URGENCY  OF  ELECTIONS,
 ACTIONS  BROUGHT  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE ON APPEAL.
   6. FAILURE TO SEEK OR  OBTAIN  PRECLEARANCE.  IF  ANY  COVERED  ENTITY
 ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY  WITHOUT SEEKING PRECLEARANCE
 PURSUANT TO THIS SECTION, OR  ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY
 NOTWITHSTANDING  THE  DENIAL  OF  PRECLEARANCE,  EITHER THE CIVIL RIGHTS
 BUREAU OR ANY OTHER PARTY WITH STANDING TO BRING AN  ACTION  UNDER  THIS
 TITLE MAY BRING AN ACTION TO ENJOIN THE COVERED POLICY AND TO SEEK SANC-
 TIONS AGAINST THE POLITICAL SUBDIVISION AND OFFICIALS IN VIOLATION.
   § 17-214. RIGHT  OF  ACTION  AGAINST  VOTER INTIMIDATION, DECEPTION OR
 OBSTRUCTION. 1. NO PERSON, WHETHER ACTING UNDER COLOR OF LAW  OR  OTHER-
 WISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION THAT
 AFFECTS  THE  RIGHT  OF  VOTERS  TO  ACCESS  THE  ELECTIVE  FRANCHISE. A
 VIOLATION OF THIS SUBDIVISION SHALL BE:
   (A) ESTABLISHED IF A PERSON  USES  OR  THREATENS  TO  USE  ANY  FORCE,
 VIOLENCE,  RESTRAINT,  ABDUCTION  OR DURESS, OR INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  THAT  CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF
 CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR  FOR  OR
 AGAINST  ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT-
 TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM  PLACING  THEIR
 NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING
 AN ABSENTEE BALLOT; OR
   (B)  ESTABLISHED  IF A PERSON USES ANY DECEPTIVE OR FRAUDULENT DEVICE,
 CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTER-
 FERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR
 THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON  TO
 VOTE  OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST ANY PARTICULAR
 PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMITTED  TO  VOTERS  AT  SUCH
 ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF
 VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR
   (C)  ESTABLISHED  IF  A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER-
 FERES  WITH  ACCESS  TO  ANY  POLLING  PLACE  OR  ELECTIONS  OFFICE,  OR
 OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER
 THAT  CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN
 VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF
 BALLOTS.
   2. STANDING. ANY  AGGRIEVED  PERSONS,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES  OR  IS LIKELY TO INCLUDE AGGRIEVED PERSONS, ORGANIZATION WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A  RESULT
 OF  A  VIOLATION  OF  THIS  SECTION, OR THE ATTORNEY GENERAL MAY FILE AN

 S. 1046                            15
 
 ACTION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF  THE  COUNTY  IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   3.  REMEDIES.  UPON  A FINDING OF A VIOLATION OF ANY PROVISION OF THIS
 SECTION,  THE  COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING
 FOR ADDITIONAL TIME TO CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION
 AT  ISSUE.  THIS  TITLE  GIVES THE COURT AUTHORITY TO IMPLEMENT REMEDIES
 NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, INCLUDING ANY
 OTHER STATE OR LOCAL LAW.  ANY  PARTY  WHO  SHALL  VIOLATE  ANY  OF  THE
 PROVISIONS  OF  THE  FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF
 ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY
 FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND  COMPENSA-
 TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION.
   § 17-216. ATTORNEYS'  FEES.  IN ANY ACTION TO ENFORCE ANY PROVISION OF
 THIS TITLE, THE COURT SHALL ALLOW THE PREVAILING PLAINTIFF PARTY,  OTHER
 THAN THE STATE OR POLITICAL SUBDIVISION THEREOF, A REASONABLE ATTORNEYS'
 FEE,  LITIGATION  EXPENSES INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS
 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL  BE  DEEMED  TO
 HAVE  PREVAILED  WHEN,  AS  A  RESULT OF LITIGATION, THE DEFENDANT PARTY
 YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT.  PREVAILING DEFEND-
 ANT PARTIES SHALL NOT RECOVER ANY COSTS,  UNLESS  THE  COURT  FINDS  THE
 ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION.
   § 17-218. APPLICABILITY.  THE  PROVISIONS OF THIS TITLE SHALL APPLY TO
 ALL ELECTIONS FOR ANY ELECTED OFFICE  OR  ELECTORAL  CHOICE  WITHIN  THE
 STATE  OR  ANY POLITICAL SUBDIVISION. THE PROVISIONS OF THIS TITLE SHALL
 APPLY NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  INCLUDING  ANY  OTHER
 STATE LAW OR LOCAL LAW.
   § 17-220. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR ITS APPLICA-
 TION  TO  ANY  PERSON,  POLITICAL  SUBDIVISION,  OR CIRCUMSTANCE IS HELD
 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER  PROVISIONS  OR  APPLICA-
 TIONS  OF  THIS  TITLE  WHICH  CAN  BE  GIVEN EFFECT WITHOUT THE INVALID
 PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF  THIS  TITLE
 ARE SEVERABLE.
   §  5.  This act shall take effect immediately; provided, however, that
 sections 17-208 and 17-210 of the election law as added by section  four
 of  this  act shall take effect three years after it shall have become a
 law; and provided further, however, that section 17-212 of the  election
 law,  as  added  by section four of this act, shall take effect one year
 after the attorney general certifies that the  office  of  the  attorney
 general  is  prepared  to execute the duties assigned in section four of
 this act, if after the expiration  of  one  year  the  attorney  general
 requires more time to certify that the office of the attorney general is
 prepared to execute the duties assigned in section four of this act, the
 attorney  general,  may, for good cause shown, apply to the governor for
 such an extension of time. The governor may grant or deny  an  extension
 of  up  to  one  year  according  to his or her discretion. The attorney
 general shall notify the legislative bill drafting commission  upon  the
 occurrence  of  the enactment of the legislation provided for in section
 four of this act in order that the commission may maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1046--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
   CLEARE,  COMRIE,  COONEY,  FELDER,  GAUGHRAN,   GIANARIS,   GOUNARDES,
   HINCHEY,  HOYLMAN,  JACKSON,  KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU,
   MANNION, MAY, MAYER, PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR,
   SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  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 establishing  the  John
   R.  Lewis Voting Rights Act of New York, establishing rights of action
   for denying or abridging of the right of any  member  of  a  protected
   class  to  vote,  establishing and maintaining a statewide database of
   voting and election data, providing  assistance  to  language-minority
   groups,  requiring certain political subdivisions to receive preclear-
   ance for potential violations of the NYVRA, and creating civil liabil-
   ity for voter intimidation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "John R.
 Lewis Voting Rights Act of New York (NYVRA)".
   § 2. Sections 17-100 through 17-170 of article 17 of the election  law
 are  designated  title  1  and  a  new title heading is added to read as
 follows:
 
                   VIOLATIONS OF THE ELECTIVE FRANCHISE
 
   § 3. The article heading of article 17 of the election law is  amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02423-15-2
              

 S. 1046--B                          2
 
             [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
 
   § 4. Article 17 of the election law is amended by adding a new title 2
 to read as follows:
                                  TITLE 2
                JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY.
         17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE.
         17-204. DEFINITIONS.
         17-206. RIGHTS OF ACTION.
         17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS.
         17-210. PRECLEARANCE COMMISSION.
         17-212. PRECLEARANCE.
         17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR
                   OBSTRUCTION.
         17-216. AUTHORITY TO ISSUE SUBPOENAS.
         17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF.
         17-220. ATTORNEYS' FEES.
         17-222. APPLICABILITY.
         17-224. SEVERABILITY.
   § 17-200. LEGISLATIVE  PURPOSE  AND  STATEMENT  OF PUBLIC POLICY.   IN
 RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO  VOTE  PROVIDED  BY  THE
 CONSTITUTION  OF  THE  STATE OF NEW YORK, WHICH SUBSTANTIALLY EXCEED THE
 PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY THE  CONSTITUTION  OF  THE
 UNITED  STATES, AND IN CONJUNCTION WITH THE CONSTITUTIONAL GUARANTEES OF
 EQUAL PROTECTION, FREEDOM OF  EXPRESSION,  AND  FREEDOM  OF  ASSOCIATION
 UNDER THE LAW AND AGAINST THE DENIAL OR ABRIDGEMENT OF THE VOTING RIGHTS
 OF  MEMBERS  OF  A  RACE,  COLOR,  OR LANGUAGE-MINORITY GROUP, IT IS THE
 PUBLIC POLICY OF THE STATE OF NEW YORK TO:
   1. ENCOURAGE PARTICIPATION IN THE ELECTIVE FRANCHISE BY  ALL  ELIGIBLE
 VOTERS TO THE MAXIMUM EXTENT; AND
   2.  ENSURE  THAT ELIGIBLE VOTERS WHO ARE MEMBERS OF RACIAL, COLOR, AND
 LANGUAGE-MINORITY GROUPS SHALL HAVE AN EQUAL OPPORTUNITY TO  PARTICIPATE
 IN  THE  POLITICAL PROCESSES OF THE STATE OF NEW YORK, AND ESPECIALLY TO
 EXERCISE THE ELECTIVE FRANCHISE.
   § 17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE  FRANCHISE.    IN
 FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY
 THE  CONSTITUTION  OF  THE  STATE OF NEW YORK, STATUTES, RULES AND REGU-
 LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE  FRANCHISE
 SHALL  BE  CONSTRUED  LIBERALLY  IN FAVOR OF (A) PROTECTING THE RIGHT TO
 CAST AN EFFECTIVE BALLOT; (B) ENSURING  THAT  ELIGIBLE  VOTERS  ARE  NOT
 IMPAIRED  IN  REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES
 COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO  RACE,  COLOR,
 AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO
 VOTE.   THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS POLI-
 CIES AND PRACTICES CANNOT BE SO EXERCISED AS TO  UNNECESSARILY  DENY  OR
 ABRIDGE THE RIGHT TO VOTE.  POLICIES AND PRACTICES THAT BURDEN THE RIGHT
 TO  VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPELLING POLICY JUSTI-
 FICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE.
   § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   1. "AT-LARGE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS TO
 THE GOVERNING BODY OF A POLITICAL SUBDIVISION: (A) IN WHICH ALL  OF  THE
 VOTERS  OF THE ENTIRE POLITICAL SUBDIVISION ELECT EACH OF THE MEMBERS TO
 THE GOVERNING BODY; (B) IN WHICH THE CANDIDATES ARE REQUIRED  TO  RESIDE
 WITHIN GIVEN AREAS OF THE POLITICAL SUBDIVISION AND ALL OF THE VOTERS OF
 THE  ENTIRE  POLITICAL  SUBDIVISION  ELECT  EACH  OF  THE MEMBERS TO THE
 S. 1046--B                          3
 
 GOVERNING BODY; OR (C) THAT COMBINES AT-LARGE ELECTIONS  WITH  DISTRICT-
 BASED ELECTIONS, UNLESS THE ONLY MEMBER OF THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION ELECTED AT-LARGE HOLDS EXCLUSIVELY EXECUTIVE RESPONSI-
 BILITIES.  AT-LARGE  METHOD  OF  ELECTION DOES NOT INCLUDE RANKED-CHOICE
 VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   2. "DISTRICT-BASED" METHOD OF ELECTION  MEANS  A  METHOD  OF  ELECTING
 MEMBERS  TO  THE  GOVERNING  BODY  OF  A  POLITICAL  SUBDIVISION USING A
 DISTRICTING OR REDISTRICTING PLAN IN WHICH EACH MEMBER OF THE  GOVERNING
 BODY  RESIDES  WITHIN A DISTRICT OR WARD THAT IS A DIVISIBLE PART OF THE
 POLITICAL SUBDIVISION AND IS ELECTED ONLY BY VOTERS RESIDING WITHIN THAT
 DISTRICT OR WARD, EXCEPT FOR A MEMBER OF THE GOVERNING BODY  THAT  HOLDS
 EXCLUSIVELY EXECUTIVE RESPONSIBILITIES.
   3. "ALTERNATIVE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS
 TO  THE  GOVERNING  BODY OF A POLITICAL SUBDIVISION USING A METHOD OTHER
 THAN AT-LARGE OR DISTRICT-BASED, INCLUDING, BUT NOT LIMITED TO,  RANKED-
 CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   4.  "POLITICAL  SUBDIVISION" MEANS A GEOGRAPHIC AREA OF REPRESENTATION
 CREATED FOR THE PROVISION OF GOVERNMENT  SERVICES,  INCLUDING,  BUT  NOT
 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER
 DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   5.  "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS
 OF A RACE, COLOR, OR LANGUAGE-MINORITY GROUP, AS REFERENCED AND  DEFINED
 IN THE FEDERAL VOTING RIGHTS ACT.
   6.  "RACIALLY  POLARIZED  VOTING"  MEANS  VOTING  IN  WHICH THERE IS A
 DIFFERENCE IN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY MEMBERS  IN
 A  PROTECTED  CLASS,  AND THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY
 THE REST OF THE  ELECTORATE.  THE  METHODOLOGIES  FOR  ESTIMATING  GROUP
 VOTING  BEHAVIOR  AS APPROVED IN APPLICABLE FEDERAL CASES TO ENFORCE THE
 FEDERAL VOTING RIGHTS ACT TO ESTABLISH RACIALLY POLARIZED VOTING MAY  BE
 USED  FOR PURPOSES OF THIS SUBDIVISION TO PROVE THAT ELECTIONS ARE CHAR-
 ACTERIZED BY RACIALLY POLARIZED VOTING, BUT  THOSE  METHODOLOGIES  SHALL
 NOT BE THE EXCLUSIVE MEANS OF PROVING RACIALLY POLARIZED VOTING.
   7.  "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT OF
 1965, 52 U.S.C. § 10301 ET SEQ.
   8. THE "CIVIL RIGHTS BUREAU" MEANS THE  CIVIL  RIGHTS  BUREAU  OF  THE
 OFFICE OF THE ATTORNEY GENERAL.
   9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR
 JUDICIAL  PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI-
 GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT  OR  ADJUDI-
 CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION.
   10.  "PRECLEARANCE  COMMISSION"  MEANS  THE  COMMISSION FORMED BY THIS
 TITLE TO MAKE DETERMINATIONS AS TO PRECLEARANCE, INFORMED BY THE  RECOM-
 MENDATIONS OF THE CIVIL RIGHTS BUREAU.
   11.  "DECEPTIVE  OR  FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION"
 MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A)  THE  TIME,
 PLACE,   AND   MANNER   OF  ANY  ELECTION;  (B)  THE  QUALIFICATIONS  OR
 RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A  STATEMENT
 OF  ENDORSEMENT  BY  ANY  SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR
 ORGANIZATION.
   § 17-206. RIGHTS  OF  ACTION.  1.  RIGHT  OF  ACTION   AGAINST   VOTER
 SUPPRESSION.  (A)  NO VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW,
 ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY SHALL BE
 ENACTED OR IMPLEMENTED BY ANY BOARD OF ELECTIONS OR  POLITICAL  SUBDIVI-
 SION IN A MANNER THAT RESULTS IN A DENIAL OR ABRIDGEMENT OF THE RIGHT OF
 ANY MEMBER OF A PROTECTED CLASS TO VOTE.
 S. 1046--B                          4
 
   (B)  A  VIOLATION  IS  ESTABLISHED  IF,  BASED  ON THE TOTALITY OF THE
 CIRCUMSTANCES, THE ABILITY OF MEMBERS OF THE PROTECTED  CLASS  TO  ELECT
 CANDIDATES  OF  THEIR  CHOICE  OR  INFLUENCE THE OUTCOME OF ELECTIONS IS
 IMPAIRED.
   (C)  FOR  POLITICAL  SUBDIVISIONS  WHERE EITHER THE PRIMARY OR GENERAL
 ELECTION IS HELD ON A DATE THAT IS NOT CONCURRENT WITH  THE  PRIMARY  OR
 GENERAL  ELECTION DATES FOR STATE, COUNTY, OR CITY OFFICE AS ESTABLISHED
 IN SECTION EIGHT OF ARTICLE THREE OR SECTION EIGHT OF  ARTICLE  THIRTEEN
 OF THE CONSTITUTION, AND IN STATE LAW, THERE SHALL BE A PRESUMPTION THAT
 THE  DATE  OF ELECTION RESULTS IN THE DENIAL OR ABRIDGEMENT OF THE RIGHT
 TO VOTE WHERE FOR THREE CONSECUTIVE GENERAL ELECTIONS IN WHICH THERE  IS
 AT  LEAST  ONE CONTESTED RACE FOR AN OFFICE, THE NUMBER OF ACTUAL VOTERS
 IN EACH CONTESTED ELECTION IS LESS THAN TWENTY-FIVE PERCENT OF THE TOTAL
 NUMBER OF VOTES CAST IN THE MOST RECENT GENERAL ELECTION FOR THE  PRESI-
 DENCY OF THE UNITED STATES BY VOTERS IN THE POLITICAL SUBDIVISION, OR IN
 WHICH,  FOR ANY PROTECTED CLASS CONSISTING OF AT LEAST TWENTY-FIVE THOU-
 SAND CITIZENS OF VOTING AGE OR  WHOSE  MEMBERS  COMPRISE  AT  LEAST  TEN
 PERCENT  OF THE CITIZEN VOTING AGE POPULATION, THE PERCENT OF MEMBERS OF
 THAT PROTECTED CLASS THAT ARE ACTUAL  VOTERS  IS  AT  LEAST  TWENTY-FIVE
 PERCENT  LOWER  THAN  THE PERCENT OF CITIZENS OF VOTING AGE THAT ARE NOT
 MEMBERS OF THAT PROTECTED CLASS THAT ARE ACTUAL VOTERS.
   2. RIGHT OF ACTION AGAINST VOTE DILUTION. (A) A  METHOD  OF  ELECTION,
 INCLUDING  AT-LARGE,  DISTRICT-BASED, OR ALTERNATIVE, SHALL NOT HAVE THE
 EFFECT OF IMPAIRING THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT
 CANDIDATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS,  AS  A
 RESULT OF THE DILUTION OR THE ABRIDGMENT OF THE RIGHTS OF MEMBERS OF THE
 PROTECTED CLASS.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I)  ESTABLISHED IF A POLITICAL SUBDIVISION USES AN AT-LARGE METHOD OF
 ELECTION AND IT IS SHOWN THAT EITHER: (A) VOTING PATTERNS OF MEMBERS  OF
 THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLAR-
 IZED;  OR  (B)  UNDER  THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF
 MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF  THEIR  CHOICE  OR
 INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (II)  ESTABLISHED  IF A POLITICAL SUBDIVISION USES A DISTRICT-BASED OR
 ALTERNATIVE METHOD OF ELECTION AND IT IS SHOWN THAT CANDIDATES OR  ELEC-
 TORAL  CHOICES PREFERRED BY MEMBERS OF THE PROTECTED CLASS WOULD USUALLY
 BE DEFEATED, AND EITHER: (A) VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY  POLARIZED;  OR  (B)
 UNDER  THE  TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS OF THE
 PROTECTED CLASS TO ELECT CANDIDATES OF THEIR  CHOICE  OR  INFLUENCE  THE
 OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (C)  IN  ASSESSING WHETHER VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLARIZED OR WHETHER
 CANDIDATES OR ELECTORAL CHOICES PREFERRED BY MEMBERS  OF  THE  PROTECTED
 CLASS  WOULD  USUALLY BE DEFEATED:  (I) ELECTIONS CONDUCTED PRIOR TO THE
 FILING OF AN ACTION PURSUANT TO THIS SUBDIVISION ARE MORE PROBATIVE THAN
 ELECTIONS CONDUCTED AFTER  THE  FILING  OF  THE  ACTION;  (II)  EVIDENCE
 CONCERNING  ELECTIONS FOR MEMBERS OF THE GOVERNING BODY OF THE POLITICAL
 SUBDIVISION ARE MORE PROBATIVE THAN EVIDENCE CONCERNING OTHER ELECTIONS;
 (III)  STATISTICAL  EVIDENCE  IS  MORE  PROBATIVE  THAN  NON-STATISTICAL
 EVIDENCE;  (IV)  WHERE  THERE  IS  EVIDENCE THAT MORE THAN ONE PROTECTED
 CLASS OF ELIGIBLE VOTERS  ARE  POLITICALLY  COHESIVE  IN  THE  POLITICAL
 SUBDIVISION, MEMBERS OF EACH OF THOSE PROTECTED CLASSES MAY BE COMBINED;
 (V)  EVIDENCE  CONCERNING  THE INTENT ON THE PART OF THE VOTERS, ELECTED
 OFFICIALS, OR  THE  POLITICAL  SUBDIVISION  TO  DISCRIMINATE  AGAINST  A
 S. 1046--B                          5
 
 PROTECTED  CLASS IS NOT REQUIRED; (VI) EVIDENCE THAT VOTING PATTERNS AND
 ELECTION OUTCOMES COULD BE EXPLAINED  BY  FACTORS  OTHER  THAN  RACIALLY
 POLARIZED  VOTING,  INCLUDING BUT NOT LIMITED TO PARTISANSHIP, SHALL NOT
 BE  CONSIDERED;  (VII) EVIDENCE THAT SUB-GROUPS WITHIN A PROTECTED CLASS
 HAVE DIFFERENT VOTING PATTERNS SHALL NOT BE CONSIDERED; (VIII)  EVIDENCE
 CONCERNING  WHETHER  MEMBERS  OF  A  PROTECTED  CLASS ARE GEOGRAPHICALLY
 COMPACT OR CONCENTRATED SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR  IN
 DETERMINING AN APPROPRIATE REMEDY; AND (IX) EVIDENCE CONCERNING PROJECT-
 ED  CHANGES  IN  POPULATION OR DEMOGRAPHICS SHALL NOT BE CONSIDERED, BUT
 MAY BE A FACTOR, IN DETERMINING AN APPROPRIATE REMEDY.
   3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES.  IN ASSESSING WHETHER,
 UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS  OF  THE
 PROTECTED  CLASS  TO  ELECT  CANDIDATES OF THEIR CHOICE OR INFLUENCE THE
 OUTCOME OF ELECTIONS IS IMPAIRED WITHOUT A COMPELLING POLICY  JUSTIFICA-
 TION,  FACTORS  THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED
 TO: (A) THE HISTORY OF  DISCRIMINATION  IN  THE  POLITICAL  SUBDIVISION,
 GEOGRAPHIC  REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF THE
 PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN  THE  POLITICAL  SUBDIVI-
 SION;  (C)  THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING,
 LAW, ORDINANCE, STANDARD, PRACTICE,  PROCEDURE,  REGULATION,  OR  POLICY
 THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENIAL
 OF ACCESS OF EITHER ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE
 PROTECTED  CLASS  TO  THOSE PROCESSES DETERMINING WHICH GROUPS OF CANDI-
 DATES WILL RECEIVE ACCESS TO THE BALLOT,  FINANCIAL  SUPPORT,  OR  OTHER
 SUPPORT  IN  A  GIVEN  ELECTION;  (E) THE EXTENT TO WHICH MEMBERS OF THE
 PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT  LOWER  RATES;  (F)
 THE  EXTENT  TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLI-
 TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR-
 ATE; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS  ARE  DISAD-
 VANTAGED  IN  AREAS  INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT,
 HEALTH,  CRIMINAL  JUSTICE,  HOUSING,   LAND   USE,   OR   ENVIRONMENTAL
 PROTECTION;  (H)  THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE
 DISADVANTAGED IN OTHER AREAS WHICH MAY HINDER THEIR ABILITY  TO  PARTIC-
 IPATE  EFFECTIVELY  IN  THE  POLITICAL  PROCESS; (I) THE USE OF OVERT OR
 SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK  OF
 RESPONSIVENESS  ON  THE  PART OF ELECTED OFFICIALS TO THE PARTICULARIZED
 NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER  THE  POLITICAL
 SUBDIVISION  HAS A COMPELLING POLICY JUSTIFICATION THAT IS SUBSTANTIATED
 AND SUPPORTED BY EVIDENCE FOR ADOPTING  OR  MAINTAINING  THE  METHOD  OF
 ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI-
 NANCE,  STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY.  NO FACTOR
 IS DISPOSITIVE OR NECESSARY  TO  ESTABLISH  THE  EXISTENCE  OF  RACIALLY
 POLARIZED  VOTING.  EVIDENCE  OF  THESE  FACTORS  CONCERNING  THE STATE,
 PRIVATE ACTORS, OR OTHER POLITICAL SUBDIVISIONS IN THE GEOGRAPHIC REGION
 MAY BE CONSIDERED BUT IS LESS PROBATIVE  THAN  EVIDENCE  CONCERNING  THE
 POLITICAL SUBDIVISION ITSELF.
   4.  STANDING.  ANY  AGGRIEVED  PERSON,  ORGANIZATION  WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE POLITICAL SUBDIVISION IS LOCATED.
   5. REMEDIES. (A) UPON A FINDING OF A VIOLATION  OF  ANY  PROVISION  OF
 THIS  SECTION,  THE  COURT SHALL IMPLEMENT APPROPRIATE REMEDIES THAT ARE
 S. 1046--B                          6
 
 TAILORED TO REMEDY THE VIOLATION. REMEDIES MAY INCLUDE, BUT SHALL NOT BE
 LIMITED TO:
   (I) A DISTRICT-BASED METHOD OF ELECTION;
   (II) AN ALTERNATIVE METHOD OF ELECTION;
   (III) NEW OR REVISED DISTRICTING OR REDISTRICTING PLANS;
   (IV)  ELIMINATION  OF  STAGGERED  ELECTIONS SO THAT ALL MEMBERS OF THE
 GOVERNING BODY ARE ELECTED ON THE SAME DATE;
   (V) REASONABLY INCREASING THE SIZE OF THE GOVERNING BODY;
   (VI) MOVING THE DATES OF ELECTIONS TO BE CONCURRENT WITH  THE  PRIMARY
 OR  GENERAL  ELECTION  DATES FOR STATE, COUNTY, OR CITY OFFICE AS ESTAB-
 LISHED IN SECTION EIGHT OF ARTICLE THREE OR  SECTION  EIGHT  OF  ARTICLE
 THIRTEEN OF THE CONSTITUTION;
   (VII)  TRANSFERRING  AUTHORITY  FOR  CONDUCTING THE POLITICAL SUBDIVI-
 SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN  WHICH  THE
 POLITICAL SUBDIVISION IS LOCATED;
   (VIII) ADDITIONAL VOTING HOURS OR DAYS;
   (IX) ADDITIONAL POLLING LOCATIONS;
   (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL;
   (XI) ORDERING OF SPECIAL ELECTIONS;
   (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION;
   (XIII) REQUIRING ADDITIONAL VOTER EDUCATION;
   (XIV) MODIFYING THE ELECTION CALENDAR;
   (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR
   (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER
 AS  THE  COURT  MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN
 SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH  PLAN  DOES
 NOT  HAVE  THE  PURPOSE  OF  DILUTING  THE RIGHT TO VOTE ON THE BASIS OF
 PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES
 SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A
 SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN.
   (B) THE COURT SHALL ONLY ADOPT A REMEDY THAT  WILL  NOT  DIMINISH  THE
 ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROC-
 ESS  AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.  THE COURT SHALL
 CONSIDER PROPOSED REMEDIES BY ANY PARTIES  AND  INTERESTED  NON-PARTIES,
 AND SHALL NOT PROVIDE DEFERENCE OR PRIORITY TO A PROPOSED REMEDY BECAUSE
 IT  IS PROPOSED BY THE POLITICAL SUBDIVISION. THIS TITLE GIVES THE COURT
 AUTHORITY TO IMPLEMENT REMEDIES NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   6.  PROCEDURES  FOR  IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS-
 TRICTING PLANS. THE GOVERNING BODY OF A POLITICAL SUBDIVISION  WITH  THE
 AUTHORITY  UNDER  THIS  TITLE AND ALL APPLICABLE STATE AND LOCAL LAWS TO
 ENACT AND IMPLEMENT A NEW METHOD OF ELECTION THAT WILL REPLACE THE POLI-
 TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR
 ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING
 OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS  ENUMERATED  IN
 THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA-
 TION  LETTER,  AS  DEFINED  IN SUBDIVISION SEVEN OF THIS SECTION, OR THE
 FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE  FEDERAL  VOTING  RIGHTS
 ACT.
   (A)  BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 OF THE PROPOSED BOUNDARIES OF THE DISTRICTS, THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT  LEAST TWO PUBLIC HEARINGS OVER A PERIOD OF NO MORE THAN
 THIRTY DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE  INPUT  REGARDING
 THE  COMPOSITION  OF THE DISTRICTS. BEFORE THESE HEARINGS, THE POLITICAL
 SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING  TO  NON-ENGL-
 S. 1046--B                          7
 
 ISH-SPEAKING  COMMUNITIES,  TO  EXPLAIN THE DISTRICTING OR REDISTRICTING
 PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION.
   (B)  AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE
 POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE  FOR  RELEASE  AT
 LEAST ONE DRAFT DISTRICTING OR REDISTRICTING PLAN AND, IF MEMBERS OF THE
 GOVERNING  BODY  OF  THE  POLITICAL SUBDIVISION WILL BE ELECTED IN THEIR
 DISTRICTS AT DIFFERENT TIMES TO PROVIDE FOR STAGGERED TERMS  OF  OFFICE,
 THE POTENTIAL SEQUENCE OF THE ELECTIONS. THE POLITICAL SUBDIVISION SHALL
 ALSO HOLD AT LEAST TWO ADDITIONAL HEARINGS OVER A PERIOD OF NO MORE THAN
 FORTY-FIVE DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE INPUT REGARD-
 ING  THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 AND THE PROPOSED SEQUENCE  OF  ELECTIONS,  IF  APPLICABLE.    THE  DRAFT
 DISTRICTING  OR  REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST
 SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE  DRAFT  DISTRICTING
 OR  REDISTRICTING  PLAN  OR PLANS ARE REVISED AT OR FOLLOWING A HEARING,
 THE REVISED VERSIONS SHALL BE PUBLISHED AND MADE AVAILABLE TO THE PUBLIC
 FOR AT LEAST SEVEN DAYS BEFORE BEING ADOPTED.
   (C) IN DETERMINING  THE  FINAL  SEQUENCE  OF  THE  DISTRICT  ELECTIONS
 CONDUCTED  IN  A POLITICAL SUBDIVISION IN WHICH MEMBERS OF THE GOVERNING
 BODY WILL BE ELECTED AT DIFFERENT TIMES TO PROVIDE FOR  STAGGERED  TERMS
 OF  OFFICE,  THE  GOVERNING BODY SHALL GIVE SPECIAL CONSIDERATION TO THE
 PURPOSES OF THIS TITLE, AND IT SHALL TAKE INTO ACCOUNT  THE  PREFERENCES
 EXPRESSED BY MEMBERS OF THE DISTRICTS.
   7.  NOTIFICATION  REQUIREMENT  AND  SAFE  HARBOR FOR JUDICIAL ACTIONS.
 BEFORE COMMENCING A JUDICIAL  ACTION  AGAINST  A  POLITICAL  SUBDIVISION
 UNDER THIS SECTION, A PROSPECTIVE PLAINTIFF SHALL SEND BY CERTIFIED MAIL
 A  WRITTEN  NOTICE TO THE CLERK OF THE POLITICAL SUBDIVISION, OR, IF THE
 POLITICAL SUBDIVISION DOES NOT HAVE A CLERK, THE GOVERNING BODY  OF  THE
 POLITICAL  SUBDIVISION,  AGAINST  WHICH  THE  ACTION  WOULD  BE BROUGHT,
 ASSERTING THAT THE POLITICAL SUBDIVISION MAY BE  IN  VIOLATION  OF  THIS
 TITLE. THIS WRITTEN NOTICE SHALL BE REFERRED TO AS A "NYVRA NOTIFICATION
 LETTER"  IN  THIS  TITLE.  FOR  ACTIONS AGAINST A SCHOOL DISTRICT OR ANY
 OTHER POLITICAL SUBDIVISION THAT HOLDS ELECTIONS GOVERNED BY THE  EDUCA-
 TION  LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A
 COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION.
   (A) A PROSPECTIVE PLAINTIFF  SHALL  NOT  COMMENCE  A  JUDICIAL  ACTION
 AGAINST  A POLITICAL SUBDIVISION UNDER THIS SECTION WITHIN FIFTY DAYS OF
 SENDING TO THE POLITICAL SUBDIVISION A NYVRA NOTIFICATION LETTER.
   (B) BEFORE RECEIVING A NYVRA NOTIFICATION LETTER, OR WITHIN FIFTY DAYS
 OF MAILING OF A NYVRA NOTIFICATION LETTER, THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION MAY PASS A RESOLUTION  AFFIRMING:  (I)  THE  POLITICAL
 SUBDIVISION'S  INTENTION TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL
 VIOLATION OF THIS TITLE; (II) SPECIFIC STEPS IT WILL UNDERTAKE TO FACIL-
 ITATE APPROVAL AND IMPLEMENTATION OF SUCH A REMEDY; AND (III) A SCHEDULE
 FOR ENACTING AND IMPLEMENTING SUCH A REMEDY. SUCH A RESOLUTION SHALL  BE
 REFERRED TO AS A "NYVRA RESOLUTION" IN THIS TITLE. IF A POLITICAL SUBDI-
 VISION  PASSES  A  NYVRA  RESOLUTION,  A PROSPECTIVE PLAINTIFF SHALL NOT
 COMMENCE AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL  SUBDI-
 VISION  WITHIN  NINETY  DAYS  OF  THE  RESOLUTION'S PASSAGE. FOR ACTIONS
 AGAINST A SCHOOL DISTRICT, THE COMMISSIONER OF EDUCATION MAY  ORDER  THE
 ENACTMENT OF AN NYVRA RESOLUTION PURSUANT TO THE COMMISSIONER'S AUTHORI-
 TY UNDER SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.
   (C) IF THE GOVERNING BODY OF A POLITICAL SUBDIVISION LACKS THE AUTHOR-
 ITY  UNDER  THIS TITLE OR APPLICABLE STATE LAW OR LOCAL LAWS TO ENACT OR
 IMPLEMENT A REMEDY IDENTIFIED IN A NYVRA RESOLUTION WITHIN  NINETY  DAYS
 AFTER  THE PASSAGE OF THE NYVRA RESOLUTION, OR IF THE POLITICAL SUBDIVI-
 S. 1046--B                          8
 
 SION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF THIS  TITLE,
 THE  GOVERNING BODY OF THE POLITICAL SUBDIVISION MAY UNDERTAKE THE STEPS
 ENUMERATED IN THE FOLLOWING PROVISIONS UPON PASSAGE OF  A  NYVRA  RESOL-
 UTION:
   (I)  THE  GOVERNING  BODY  OF  THE POLITICAL SUBDIVISION MAY APPROVE A
 PROPOSED REMEDY THAT COMPLIES WITH THIS TITLE AND SUBMIT SUCH A PROPOSED
 REMEDY TO THE PRECLEARANCE COMMISSION.    SUCH  A  SUBMISSION  SHALL  BE
 REFERRED TO AS A "NYVRA PROPOSAL" IN THIS TITLE.
   (II)  PRIOR  TO  PASSING  A  NYVRA PROPOSAL, THE POLITICAL SUBDIVISION
 SHALL HOLD AT LEAST ONE PUBLIC HEARING, AT WHICH THE PUBLIC  IS  INVITED
 TO PROVIDE INPUT REGARDING THE NYVRA PROPOSAL.  BEFORE THIS HEARING, THE
 POLITICAL  SUBDIVISION  MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING TO
 NON-ENGLISH-SPEAKING COMMUNITIES, TO ENCOURAGE PUBLIC PARTICIPATION.
   (III) WITHIN FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL
 RIGHTS BUREAU SHALL SUBMIT A REPORT AND RECOMMENDATION TO THE  PRECLEAR-
 ANCE  COMMISSION  AS TO WHETHER THE PRECLEARANCE COMMISSION SHOULD GRANT
 OR DENY APPROVAL OF THE NYVRA PROPOSAL.
   (IV) WITHIN SIXTY DAYS OF RECEIPT OF A NYVRA PROPOSAL,  THE  PRECLEAR-
 ANCE  COMMISSION  SHALL  EITHER  GRANT  OR  DENY  APPROVAL  OF THE NYVRA
 PROPOSAL.
   (V) THE PRECLEARANCE COMMISSION SHALL ONLY GRANT APPROVAL TO THE NYVRA
 PROPOSAL IF IT CONCLUDES THAT: (A) THE POLITICAL SUBDIVISION MAY  BE  IN
 VIOLATION  OF THIS TITLE; (B) THE NYVRA PROPOSAL WOULD REMEDY ANY POTEN-
 TIAL VIOLATION OF THIS TITLE; (C) THE  NYVRA  PROPOSAL  IS  UNLIKELY  TO
 VIOLATE THE CONSTITUTION OR ANY FEDERAL LAW; (D) THE NYVRA PROPOSAL WILL
 NOT  DIMINISH  THE  ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN
 THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE;
 AND (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE. THE  PRECLEAR-
 ANCE COMMISSION MAY GRANT APPROVAL TO THE NYVRA PROPOSAL NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   (VI)  IF  THE  PRECLEARANCE  COMMISSION  GRANTS  APPROVAL,  THE  NYVRA
 PROPOSAL SHALL BE ENACTED AND IMPLEMENTED  IMMEDIATELY,  NOTWITHSTANDING
 ANY  OTHER  PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. IF
 THE POLITICAL SUBDIVISION IS A COVERED ENTITY AS DEFINED  UNDER  SECTION
 17-212  OF THIS TITLE, THERE SHALL BE NO NEED FOR THE POLITICAL SUBDIVI-
 SION TO ALSO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH
 SECTION.
   (VII) IF  THE  PRECLEARANCE  COMMISSION  DENIES  APPROVAL,  THE  NYVRA
 PROPOSAL  SHALL  NOT BE ENACTED OR IMPLEMENTED. THE PRECLEARANCE COMMIS-
 SION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS  AND  MAY,  IN  ITS
 DISCRETION,  INDICATE  ANOTHER  NYVRA  PROPOSAL FOR WHICH IT WOULD GRANT
 APPROVAL.
   (VIII) IF THE PRECLEARANCE COMMISSION  DOES  NOT  RESPOND,  THE  NYVRA
 PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED.
   (D)  A  POLITICAL  SUBDIVISION  THAT HAS PASSED A NYVRA RESOLUTION MAY
 ENTER INTO AN AGREEMENT WITH A PROSPECTIVE PLAINTIFF WHO SENDS  A  NYVRA
 NOTIFICATION  LETTER  PROVIDING  THAT SUCH A PROSPECTIVE PLAINTIFF SHALL
 NOT COMMENCE AN ACTION TO ENFORCE THIS  SECTION  AGAINST  THE  POLITICAL
 SUBDIVISION FOR AN ADDITIONAL NINETY DAYS. THIS WRITTEN AGREEMENT MAY BE
 REFERRED TO AS A "NYVRA EXTENSION AGREEMENT". THE NYVRA EXTENSION AGREE-
 MENT  SHALL  INCLUDE A REQUIREMENT THAT EITHER THE POLITICAL SUBDIVISION
 SHALL ENACT AND IMPLEMENT A REMEDY THAT COMPLIES WITH THIS TITLE OR  THE
 POLITICAL  SUBDIVISION  SHALL PASS A NYVRA PROPOSAL AND SUBMIT IT TO THE
 CIVIL RIGHTS BUREAU.
   (E) IF, PURSUANT TO  A  PROCESS  COMMENCED  BY  A  NYVRA  NOTIFICATION
 LETTER,  A  POLITICAL  SUBDIVISION  ENACTS OR IMPLEMENTS A REMEDY OR THE
 S. 1046--B                          9
 
 CIVIL RIGHTS BUREAU GRANTS APPROVAL TO A NYVRA PROPOSAL,  A  PROSPECTIVE
 PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER MAY, WITHIN THIRTY DAYS
 OF  THE  ENACTMENT  OR  IMPLEMENTATION  OF THE REMEDY OR APPROVAL OF THE
 NYVRA  PROPOSAL,  DEMAND  REIMBURSEMENT FOR THE COST OF THE WORK PRODUCT
 GENERATED TO SUPPORT THE NYVRA NOTIFICATION LETTER. A PROSPECTIVE PLAIN-
 TIFF SHALL MAKE THE DEMAND IN WRITING AND SHALL SUBSTANTIATE THE  DEMAND
 WITH  FINANCIAL DOCUMENTATION, SUCH AS A DETAILED INVOICE FOR DEMOGRAPHY
 SERVICES OR FOR THE ANALYSIS OF VOTING PATTERNS IN THE POLITICAL  SUBDI-
 VISION.  A POLITICAL SUBDIVISION MAY REQUEST ADDITIONAL DOCUMENTATION IF
 THE PROVIDED DOCUMENTATION IS INSUFFICIENT TO  CORROBORATE  THE  CLAIMED
 COSTS.  A  POLITICAL SUBDIVISION SHALL REIMBURSE A PROSPECTIVE PLAINTIFF
 FOR REASONABLE COSTS CLAIMED, OR IN AN AMOUNT TO WHICH THE PARTIES MUTU-
 ALLY AGREE. THE CUMULATIVE AMOUNT OF REIMBURSEMENTS TO  ALL  PROSPECTIVE
 PLAINTIFFS,  EXCEPT  FOR  ACTIONS BROUGHT BY THE ATTORNEY GENERAL, SHALL
 NOT EXCEED FORTY-THREE THOUSAND DOLLARS, AS  ADJUSTED  ANNUALLY  TO  THE
 CONSUMER  PRICE  INDEX FOR ALL URBAN CONSUMERS, UNITED STATES CITY AVER-
 AGE, AS PUBLISHED BY THE UNITED STATES DEPARTMENT  OF  LABOR.    TO  THE
 EXTENT  A  PROSPECTIVE  PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER
 AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO  A  MUTUAL  AGREEMENT,
 EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI-
 CATION OF RIGHTS.
   (F)  NOTWITHSTANDING  THE PROVISIONS OF THIS SUBDIVISION, IF THE FIRST
 DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVISION'S NEXT REGULAR
 ELECTION TO SELECT MEMBERS OF ITS GOVERNING BOARD HAS BEGUN OR IS SCHED-
 ULED TO BEGIN WITHIN THIRTY DAYS, OR IF A POLITICAL SUBDIVISION IS SCHE-
 DULED TO CONDUCT ANY ELECTION WITHIN ONE HUNDRED TWENTY DAYS,  A  PLAIN-
 TIFF ALLEGING ANY VIOLATION OF THIS TITLE MAY COMMENCE A JUDICIAL ACTION
 AGAINST  A  POLITICAL  SUBDIVISION UNDER THIS SECTION, PROVIDED THAT THE
 RELIEF SOUGHT BY SUCH A PLAINTIFF INCLUDES PRELIMINARY RELIEF  FOR  THAT
 ELECTION. PRIOR TO OR CONCURRENT WITH COMMENCING SUCH A JUDICIAL ACTION,
 ANY  SUCH PLAINTIFF SHALL ALSO SUBMIT A NYVRA NOTIFICATION LETTER TO THE
 POLITICAL  SUBDIVISION.  IF  A  JUDICIAL  ACTION  COMMENCED  UNDER  THIS
 PROVISION  IS  WITHDRAWN OR DISMISSED FOR MOOTNESS BECAUSE THE POLITICAL
 SUBDIVISION HAS ENACTED OR IMPLEMENTED A  REMEDY  OR  THE  CIVIL  RIGHTS
 BUREAU  HAS  GRANTED  APPROVAL OF A NYVRA PROPOSAL PURSUANT TO A PROCESS
 COMMENCED BY A NYVRA NOTIFICATION LETTER, ANY SUCH  PLAINTIFF  MAY  ONLY
 DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION.
   8.  COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES
 MAY FILE AN ACTION JOINTLY PURSUANT TO THIS CHAPTER IF THEY  DEMONSTRATE
 THAT  THE  COMBINED VOTING PREFERENCES OF THE MULTIPLE PROTECTED CLASSES
 ARE POLARIZED AGAINST THE REST OF THE ELECTORATE.
   § 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 1. POLITICAL SUBDI-
 VISIONS REQUIRED TO PROVIDE LANGUAGE ASSISTANCE. A BOARD OF ELECTIONS OR
 A  POLITICAL  SUBDIVISION  THAT  ADMINISTERS  ELECTIONS  SHALL   PROVIDE
 LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS TO A LANGUAGE-MINOR-
 ITY GROUP IN A POLITICAL SUBDIVISION IF, BASED ON DATA FROM THE AMERICAN
 COMMUNITY  SURVEY,  OR  DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC
 OFFICE, THAT:
   (A) MORE THAN TWO PERCENT OF THE CITIZENS OF VOTING AGE OF A POLITICAL
 SUBDIVISION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY  GROUP  AND  SPEAK
 ENGLISH  "LESS  THAN  VERY  WELL"  ACCORDING  TO  THE AMERICAN COMMUNITY
 SURVEY;
   (B) MORE THAN FOUR THOUSAND OF THE CITIZENS  OF  VOTING  AGE  OF  SUCH
 POLITICAL  SUBDIVISION  ARE  MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP
 AND SPEAK ENGLISH "LESS THAN VERY WELL" ACCORDING TO THE AMERICAN COMMU-
 NITY SURVEY; OR
 S. 1046--B                         10
 
   (C) IN THE CASE OF A POLITICAL SUBDIVISION THAT CONTAINS  ALL  OR  ANY
 PART  OF  A  NATIVE  AMERICAN  RESERVATION, MORE THAN TWO PERCENT OF THE
 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER-
 VATION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK ENGLISH
 "LESS  THAN  VERY WELL" ACCORDING TO THE AMERICAN COMMUNITY SURVEY.  FOR
 THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERICAN" IS DEFINED TO  INCLUDE
 ANY PERSONS RECOGNIZED BY THE UNITED STATES CENSUS BUREAU OR NEW YORK AS
 "AMERICAN INDIAN" OR "ALASKA NATIVE".
   2.  LANGUAGE  ASSISTANCE  TO BE PROVIDED. WHEN IT IS DETERMINED THAT A
 BOARD OF ELECTIONS  OR  POLITICAL  SUBDIVISION  SHALL  PROVIDE  LANGUAGE
 ASSISTANCE  TO  A  PARTICULAR MINORITY GROUP, SUCH BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION SHALL PROVIDE  VOTING  MATERIALS  IN  THE  COVERED
 LANGUAGE OF AN EQUAL QUALITY OF THE CORRESPONDING ENGLISH LANGUAGE MATE-
 RIALS,  INCLUDING  REGISTRATION  OR VOTING NOTICES, FORMS, INSTRUCTIONS,
 ASSISTANCE, OR OTHER MATERIALS OR INFORMATION RELATING TO THE  ELECTORAL
 PROCESS,  INCLUDING  BALLOTS.    WHENEVER ANY SUCH BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION  PROVIDES  ANY  REGISTRATION  OR  VOTING  NOTICES,
 FORMS,  INSTRUCTIONS,  ASSISTANCE,  OR  OTHER  MATERIALS  OR INFORMATION
 RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED POLI-
 TICAL SUBDIVISION, IT SHALL PROVIDE THEM IN THE LANGUAGE OF THE APPLICA-
 BLE MINORITY GROUP AS WELL AS IN THE  ENGLISH  LANGUAGE,  PROVIDED  THAT
 WHERE THE LANGUAGE OF THE APPLICABLE MINORITY GROUP IS ORAL OR UNWRITTEN
 OR  IN THE CASE OF SOME AMERICAN INDIANS, IF THE PREDOMINANT LANGUAGE IS
 HISTORICALLY UNWRITTEN, THE BOARD OF ELECTIONS OR POLITICAL  SUBDIVISION
 IS  ONLY  REQUIRED  TO  FURNISH  ORAL INSTRUCTIONS, ASSISTANCE, OR OTHER
 INFORMATION RELATING TO REGISTRATION AND VOTING.
   3. ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING  MATERIALS.
 A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  THAT  SHALL PROVIDE
 LANGUAGE ASSISTANCE TO A  PARTICULAR  MINORITY  GROUP,  WHICH  SEEKS  TO
 PROVIDE  ENGLISH-ONLY MATERIALS MAY FILE AN ACTION AGAINST THE STATE FOR
 A DECLARATORY JUDGMENT PERMITTING SUCH PROVISION. THE COURT SHALL  GRANT
 THE REQUESTED RELIEF IF IT FINDS THAT THE DETERMINATION WAS UNREASONABLE
 OR AN ABUSE OF DISCRETION.
   4.  STANDING.  ANY  AGGRIEVED  PERSONS,  ORGANIZATION WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   § 17-210. PRECLEARANCE COMMISSION. 1. PRECLEARANCE COMMISSION.   THERE
 IS  HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT  OF LAW, A PRECLEARANCE
 COMMISSION. SUCH ENTITY SHALL BE RESPONSIBLE FOR  MAKING  DETERMINATIONS
 ON  PRECLEARANCE  AND OTHER MATTERS AS ENUMERATED UNDER THIS TITLE. SUCH
 DETERMINATIONS SHALL BE BASED UPON THE PROVISIONS OF THIS TITLE AND  THE
 RECOMMENDATIONS  OF THE CIVIL RIGHTS BUREAU. THIS COMMISSION SHALL HERE-
 INAFTER BE REFERRED TO AS THE "PRECLEARANCE COMMISSION" OR  "COMMISSION"
 IN  THIS  TITLE. THE COMMISSION SHALL OPERATE AND MAINTAIN A WEBSITE FOR
 POSTING PRECLEARANCE SUBMISSIONS AND DECISIONS TO ENSURE THAT  THEY  ARE
 ACCESSIBLE TO THE PUBLIC.
   2.  PRECLEARANCE  COMMISSION STRUCTURE AND MEMBERSHIP. (A) THE COMMIS-
 SION SHALL CONSIST OF THREE MEMBERS TO BE SELECTED AS SET FORTH IN  THIS
 SECTION  AND  SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH IN
 THIS TITLE.
 S. 1046--B                         11
 
   (B) THE GOVERNOR SHALL SELECT ONE MEMBER,  AND  THE  ATTORNEY  GENERAL
 SHALL SELECT ONE MEMBER. UPON THEIR SELECTION BOTH MEMBERS SHALL THEREIN
 JOINTLY SELECT ONE MEMBER TO SERVE ON SUCH COMMISSION.
   (C)  TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION AN INDIVID-
 UAL MUST:
   (I) BE A RESIDENT OF NEW YORK STATE;
   (II) HAVE DEMONSTRATED EXPERIENCE REPRESENTING OR WORKING ON BEHALF OF
 MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE;
   (III) HAVE EXPERIENCE WORKING WITH MEMBERS OF  PROTECTED  CLASSES,  AS
 DEFINED IN THIS TITLE, IN VOTING IN ELECTIONS IN THE STATE OF NEW YORK,
   (D)  NO  INDIVIDUAL  SHALL  BE  ELIGIBLE  TO  SERVE AS A MEMBER OF THE
 COMMISSION WHO:
   (I) IS CURRENTLY SERVING IN ANY ELECTED  GOVERNMENTAL  OFFICE  OR  HAS
 WITHIN THE LAST FIVE YEARS SERVED IN ANY ELECTED GOVERNMENTAL OFFICE;
   (II) IS CURRENTLY SERVING ON ANY BOARD OF ELECTIONS; OR
   (III)  IS  CURRENTLY  HOLDING  ANY  OFFICIAL  POSITION FOR A POLITICAL
 PARTY.
   (E) MEMBERS OF THE COMMISSION SHALL SERVE STAGGERED TERMS.  THE  FIRST
 MEMBER SHALL BE CHOSEN BY THE ATTORNEY GENERAL AND SHALL SERVE A TERM OF
 FIVE  YEARS, THE SECOND MEMBER SHALL BE CHOSEN BY THE GOVERNOR AND SHALL
 SERVE A TERM OF FOUR YEARS AND THE THIRD MEMBER CHOSEN BY THE FIRST  TWO
 MEMBERS  SHALL  SERVE  A TERM OF THREE YEARS.  ALL SUBSEQUENT MEMBERS OF
 THE COMMISSION SHALL BE SELECTED AND  APPOINTED  AS  DESCRIBED  IN  THIS
 SECTION  AND  SHALL  SERVE  A  TERM  OF  FIVE YEARS, UNLESS SELECTED AND
 APPOINTED TO COMPLETE A VACANT TERM.
   (F) THE COMMISSION BY A MAJORITY VOTE SHALL ELECT A  CHAIRPERSON  FROM
 AMONG  ITS  MEMBERS TO PRESIDE OVER ITS MEETINGS, OTHER PROCEEDINGS, AND
 VOTES. THE CHAIRPERSON SHALL SERVE A ONE YEAR TERM.
   (G) A MAJORITY OF THE MEMBERS OF THE COMMISSION, CONFERRING IN PERSON,
 TELEPHONICALLY, BY VIDEOCONFERENCE, OR BY OTHER MEANS AS AGREED  BY  THE
 COMMISSION, SHALL CONSTITUTE A QUORUM, AND THE COMMISSION SHALL HAVE THE
 POWER  TO  ACT  BY  MAJORITY  VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE
 COMMISSION WITHOUT VACANCY.
   (H) MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR  ALL  REASONABLE
 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (I)  MEMBERS  OF  THE  COMMISSION MAY BE REMOVED FOR CAUSE BY MAJORITY
 VOTE OF THE COMMISSION FOR SUBSTANTIAL NEGLECT OF  DUTY,  MISCONDUCT  IN
 OFFICE,  OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, AFTER
 WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY.
   (J) ANY VACANCY OCCURRING ON THE COMMISSION  SHALL  BE  FILLED  WITHIN
 THIRTY  DAYS OF ITS OCCURRENCE, BY THOSE WHO SELECTED THE MEMBER IN SUCH
 SEAT, TO COMPLETE THE VACANT TERM.
   (K) NOTHING IN THIS ARTICLE SHALL PREVENT  A  MEMBER  FROM  SERVING  A
 SECOND  CONSECUTIVE  TERM UNLESS SUCH PERSON HAS PREVIOUSLY BEEN REMOVED
 FOR CAUSE FROM SAID COMMISSION.
   § 17-212. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE  RIGHT  TO
 VOTE  IS  NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, OR LANGUAGE-
 MINORITY GROUP, AS A RESULT OF THE  ENACTMENT  OR  IMPLEMENTATION  OF  A
 COVERED POLICY, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, AFTER THE
 EFFECTIVE  DATE  OF  THIS  SECTION, THE ENACTMENT OR IMPLEMENTATION OF A
 COVERED POLICY BY A COVERED ENTITY, AS DEFINED IN SUBDIVISION  THREE  OF
 THIS  SECTION,  SHALL  BE  SUBJECT  TO  PRECLEARANCE BY THE CIVIL RIGHTS
 BUREAU OR BY A DESIGNATED COURT AS SET FORTH IN THIS SECTION.
   2. COVERED POLICIES. A "COVERED POLICY" SHALL INCLUDE ANY NEW OR MODI-
 FIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAN-
 S. 1046--B                         12
 
 DARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY CONCERNING ANY  OF  THE
 FOLLOWING TOPICS:
   (A) METHOD OF ELECTION;
   (B) FORM OF GOVERNMENT;
   (C) ANNEXATION OF A POLITICAL SUBDIVISION;
   (D) INCORPORATION OF A POLITICAL SUBDIVISION;
   (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS;
   (F)  REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE
 ACTIVITIES;
   (G) NUMBER, LOCATION, OR HOURS OF ANY ELECTION  DAY  OR  EARLY  VOTING
 POLL SITE;
   (H)  DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT
 TO SPECIAL ELECTIONS;
   (I) REGISTRATION OF VOTERS;
   (J) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR  EARLY  VOTING
 POLL SITES;
   (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND
   (L) THE CIVIL RIGHTS BUREAU MAY DESIGNATE ADDITIONAL TOPICS FOR INCLU-
 SION  IN THIS LIST PURSUANT TO A RULE PROMULGATED UNDER THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT, IF IT DETERMINES THAT A NEW OR MODIFIED  VOTING
 QUALIFICATION,  PREREQUISITE  TO VOTING, LAW, ORDINANCE, STANDARD, PRAC-
 TICE, PROCEDURE, REGULATION, OR POLICY CONCERNING SUCH TOPICS  MAY  HAVE
 THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE,
 COLOR, OR LANGUAGE-MINORITY GROUP.
   3. COVERED ENTITY. A "COVERED ENTITY" SHALL INCLUDE: (A) ANY POLITICAL
 SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS TWENTY-FIVE YEARS, HAS BECOME
 SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT ACTION BASED  UPON  A
 FINDING  OF  ANY VIOLATION OF THIS TITLE, THE FEDERAL VOTING RIGHTS ACT,
 THE FIFTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, OR A  VOTING-
 RELATED  VIOLATION  OF  THE  FOURTEENTH  AMENDMENT  TO THE UNITED STATES
 CONSTITUTION; (B) ANY POLITICAL SUBDIVISION WHICH, WITHIN  THE  PREVIOUS
 TWENTY-FIVE  YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR
 GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION  OF
 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE
 UNITED  STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF
 A PROTECTED CLASS; (C) ANY COUNTY IN WHICH, BASED ON  DATA  PROVIDED  BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMBINED MISDEMEANOR AND
 FELONY ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS  CONSISTING  OF  AT
 LEAST  TEN  THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT
 LEAST TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION  OF  THE  COUNTY,
 EXCEEDS THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI-
 ZEN  VOTING  AGE  POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY
 PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) ANY POLITICAL
 SUBDIVISION IN WHICH, BASED ON DATA MADE AVAILABLE BY THE UNITED  STATES
 CENSUS,  THE DISSIMILARITY INDEX OF ANY PROTECTED CLASS CONSISTING OF AT
 LEAST TWENTY-FIVE THOUSAND CITIZENS  OF  VOTING  AGE  OR  WHOSE  MEMBERS
 COMPRISE  AT  LEAST  TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION OF
 THE POLITICAL SUBDIVISION, IS IN EXCESS OF FIFTY WITH  RESPECT  TO  NON-
 HISPANIC  WHITE  CITIZENS OF VOTING AGE WITHIN THE POLITICAL SUBDIVISION
 AT ANY POINT WITHIN THE PREVIOUS TEN YEARS. IF ANY COVERED ENTITY  IS  A
 POLITICAL  SUBDIVISION  IN  WHICH  A  BOARD OF ELECTIONS HAS BEEN ESTAB-
 LISHED, THAT BOARD OF ELECTIONS SHALL ALSO BE DEEMED A  COVERED  ENTITY.
 IF  ANY  POLITICAL  SUBDIVISION  IN  WHICH A BOARD OF ELECTIONS HAS BEEN
 ESTABLISHED CONTAINS A COVERED ENTITY FULLY  WITHIN  ITS  BORDERS,  THAT
 POLITICAL SUBDIVISION AND THAT BOARD OF ELECTIONS SHALL BOTH BE DEEMED A
 COVERED ENTITY.
 S. 1046--B                         13
 
   4.  PRECLEARANCE  BY THE ATTORNEY GENERAL AND THE PRECLEARANCE COMMIS-
 SION. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY FROM
 THE PRECLEARANCE COMMISSION PURSUANT TO THE FOLLOWING PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE PRECLEARANCE COMMISSION AND THE CIVIL RIGHTS BUREAU. IF THE  COVERED
 ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL CONTEMPORANEOUS-
 LY PROVIDE A COPY OF THE COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B)  UPON  SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS
 PRACTICABLE BUT NO LATER THAN WITHIN  TEN  DAYS,  THE  COMMISSION  SHALL
 PUBLISH THE SUBMISSION ON ITS WEBSITE.
   (C)  AFTER  PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY
 FOR MEMBERS OF THE PUBLIC TO COMMENT ON  THE  SUBMISSION  TO  THE  CIVIL
 RIGHTS  BUREAU  WITHIN  THE  TIME PERIODS SET FORTH BELOW. TO FACILITATE
 PUBLIC COMMENT, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR  MEMBERS
 OF  THE  PUBLIC  TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING
 SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE.
   (D) UPON SUBMISSION OF A COVERED POLICY FOR  PRECLEARANCE,  THE  CIVIL
 RIGHTS  BUREAU  SHALL  REVIEW  THE SUBMISSION AND SHALL, WITHIN THE TIME
 PERIODS SET FORTH BELOW, PROVIDE A  REPORT  AND  RECOMMENDATION  TO  THE
 COMMISSION,  WHICH  SHALL  INCLUDE A RECOMMENDATION AS TO WHETHER, UNDER
 THIS TITLE, PRECLEARANCE SHOULD BE GRANTED  OR  DENIED  TO  THE  COVERED
 POLICY.  SUCH TIME PERIOD SHALL RUN CONCURRENT WITH THE TIME PERIODS FOR
 PUBLIC COMMENT.  THE CIVIL RIGHTS BUREAU MAY NOT SUBMIT ITS  REPORT  AND
 RECOMMENDATION  UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL
 RIGHTS BUREAU MAY REQUEST MORE INFORMATION FROM A  JURISDICTION  SUBMIT-
 TING A COVERED POLICY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING
 ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASON-
 ABLE  REQUESTS  FOR  MORE  INFORMATION  MAY BE GROUNDS FOR THE DENIAL OF
 PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND RECOMMENDATION SHALL
 BE POSTED PUBLICLY ON THE  PRECLEARANCE  COMMISSION'S  WEBSITE  PROMPTLY
 AFTER  THEY  ARE  RECEIVED  BY THE COMMISSION.   PROVIDED, HOWEVER, SUCH
 COMMUNICATIONS BETWEEN THE CIVIL RIGHTS BUREAU AND THE COMMISSION OR ITS
 MEMBERS OTHER THAN THE CIVIL RIGHTS BUREAU'S REPORT  AND  RECOMMENDATION
 SHALL  BE  EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW.  THE CIVIL RIGHTS BUREAU MAY INSTEAD OPT TO GRANT OR  DENY
 PRECLEARANCE  DIRECTLY  WITHOUT  SENDING A RECOMMENDATION TO THE COMMIS-
 SION.
   (E) UPON RECEIPT OF THE CIVIL RIGHTS BUREAU'S REPORT  AND  RECOMMENDA-
 TION   REGARDING  A  COVERED  POLICY  SUBMITTED  FOR  PRECLEARANCE,  THE
 PRECLEARANCE COMMISSION SHALL  REVIEW  THE  COVERED  POLICY,  THE  CIVIL
 RIGHTS  BUREAU'S  REPORT AND RECOMMENDATION, AND ANY PUBLIC COMMENT, AND
 SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, DENY OR GRANT  PRECLEAR-
 ANCE.  IN DETERMINING WHETHER TO DENY OR GRANT PRECLEARANCE, THE COMMIS-
 SION SHALL GIVE DEFERENCE TO THE CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION
 UNDER  AN "ARBITRARY AND CAPRICIOUS" STANDARD OF REVIEW. IN ANY DETERMI-
 NATION AS TO PRECLEARANCE, THE  COMMISSION  SHALL  IDENTIFY  IN  WRITING
 WHETHER IT IS APPROVING OR REJECTING THE CIVIL RIGHTS BUREAU'S RECOMMEN-
 DATION.  IF  THE PRECLEARANCE COMMISSION GRANTS PRECLEARANCE, IT MAY, IN
 ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY"  IN  WHICH  CASE
 THE  COMMISSION  MAY  DENY  PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE
 RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (I) THE COMMISSION SHALL GRANT PRECLEARANCE  ONLY  IF  IT  DETERMINES,
 UPON  REVIEW  OF  THE  CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION, THAT THE
 COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS  MEMBERS
 TO  PARTICIPATE  IN  THE  POLITICAL PROCESS AND TO ELECT THEIR PREFERRED
 S. 1046--B                         14
 
 CANDIDATES TO OFFICE. IF THE COMMISSION GRANTS PRECLEARANCE, THE COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (II)  IF  THE  COMMISSION  DENIES  PRECLEARANCE,  THE COMMISSION SHALL
 INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED  POLICY  SHALL
 NOT BE ENACTED OR IMPLEMENTED.
   (III)  IF THE COMMISSION FAILS TO RESPOND WITHIN THE TIME FOR RESPONSE
 AS ESTABLISHED IN THIS SECTION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION
 ON THE COVERED POLICY SHALL GOVERN.
   (IV) IF THE COMMISSION'S MEMBERSHIP FALLS BELOW A QUORUM AT ANY  TIME,
 OR  DURING ANY TIME PERIOD THAT MAY ELAPSE BETWEEN THE EFFECTIVE DATE OF
 THIS SECTION AND THE ESTABLISHMENT OF A QUORUM ON  THE  COMMISSION,  THE
 CIVIL  RIGHTS  BUREAU'S RECOMMENDATION AS TO WHETHER PRECLEARANCE SHOULD
 BE GRANTED OR DENIED SHALL HAVE THE FORCE OF FINAL PRECLEARANCE DETERMI-
 NATION UNTIL THE COMMISSION'S QUORUM IS ESTABLISHED OR RESTORED.
   (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS  BUREAU  REVIEW,
 AND  THE  DECISION  OF  THE  COMMISSION TO GRANT OR DENY PRECLEARANCE ON
 SUBMISSION SHALL BE AS FOLLOWS:
   (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION  OF
 POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH-
 ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL
 BE  FIVE  BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT
 AND RECOMMENDATION TO THE  COMMISSION  WITHIN  TEN  DAYS  FOLLOWING  THE
 RECEIPT  OF  SUCH  SUBMISSION  AND  A SINGLE COMMISSIONER, ASSIGNED ON A
 ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL  RIGHTS  BUREAU'S
 RECOMMENDATION,  AND  ANY  PUBLIC COMMENT. WITHIN FIVE DAYS SUCH COMMIS-
 SIONER SHALL, EITHER:  (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDA-
 TION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS  BUREAU'S  RECOM-
 MENDATION  TO  THE  FULL  COMMISSION  FOR  A DETERMINATION AS TO WHETHER
 PRECLEARANCE SHALL BE DENIED OR GRANTED.
   (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE
 AN EXTENSION OF UP TO TWENTY DAYS TO SUBMIT ITS REPORT  AND  RECOMMENDA-
 TION  TO  THE COMMISSION.  IF THE COMMISSIONER INITIALLY ASSIGNED REFERS
 THE SUBMISSION AND THE  CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION  TO  THE
 COMMISSION  FOR  A  DETERMINATION,  THE  COMMISSION  SHALL DENY OR GRANT
 PRECLEARANCE WITHIN FIVE DAYS FROM THE DATE OF REFERRAL.
   (III) FOR ANY OTHER COVERED POLICY,  THE  PERIOD  FOR  PUBLIC  COMMENT
 SHALL  BE  TEN  BUSINESS  DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS
 REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN  FORTY  DAYS,  AND  A
 SINGLE  COMMISSIONER,  ASSIGNED  ON  A  ROTATING BASIS, SHALL REVIEW THE
 SUBMISSION, THE CIVIL RIGHTS BUREAU'S  RECOMMENDATION,  AND  ANY  PUBLIC
 COMMENT,  AND  SHALL,  WITHIN  FIVE  DAYS, EITHER: (A) APPROVE THE CIVIL
 RIGHTS BUREAU'S RECOMMENDATION; OR (B)  REFER  THE  SUBMISSION  AND  THE
 CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION TO THE COMMISSION FOR A DETERMI-
 NATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED  OR  GRANTED.  IF  THE
 COMMISSIONER  INITIALLY  ASSIGNED  REFERS  THE  SUBMISSION AND THE CIVIL
 RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION  FOR  A  DETERMINATION,
 THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN TEN DAYS FROM THE
 DATE  OF  REFERRAL.  IN  CONSULTATION  WITH THE CIVIL RIGHTS BUREAU, THE
 COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH.
   (IV) THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE  RULES
 FOR  AN  EXPEDITED,  EMERGENCY  PRECLEARANCE  PROCESS  IN THE EVENT OF A
 COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A
 RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP-
 TER OR OTHER EXIGENT CIRCUMSTANCES.  ANY PRECLEARANCE GRANTED UNDER THIS
 PROVISION SHALL BE DESIGNATED "PRELIMINARY" AND THE COMMISSION MAY  DENY
 PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED POLICY.
 S. 1046--B                         15
 
   (G)  APPEAL  OF ANY DENIAL BY THE PRECLEARANCE COMMISSION MAY BE HEARD
 IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF  ALBANY
 IN  A  PROCEEDING  COMMENCED AGAINST THE COMMISSION, PURSUANT TO ARTICLE
 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FROM WHICH APPEAL MAY
 BE  TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE PROCEDURE. DUE TO
 THE FREQUENCY AND URGENCY OF ELECTIONS, ACTIONS BROUGHT PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND
 RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON APPEAL.
   5. PRECLEARANCE BY A DESIGNATED COURT. A  COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM A COURT PURSUANT TO THE FOLLOWING
 PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE FOLLOWING DESIGNATED COURT IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH
 THE  COVERED  ENTITY IS LOCATED: (I) FIRST JUDICIAL DEPARTMENT: NEW YORK
 COUNTY; (II) SECOND JUDICIAL  DEPARTMENT:    WESTCHESTER  COUNTY;  (III)
 THIRD  JUDICIAL  DEPARTMENT:  ALBANY  COUNTY;  AND  (IV) FOURTH JUDICIAL
 DEPARTMENT: ERIE COUNTY.   IF THE COVERED ENTITY IS  A  COUNTY  OR  CITY
 BOARD  OF  ELECTIONS,  IT  SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF THE
 COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B) THE COVERED ENTITY SHALL CONTEMPORANEOUSLY PROVIDE A COPY  OF  THE
 COVERED  POLICY  TO  THE CIVIL RIGHTS BUREAU. THE FAILURE OF THE COVERED
 ENTITY TO PROVIDE A COPY OF THE  COVERED  POLICY  TO  THE  CIVIL  RIGHTS
 BUREAU WILL RESULT IN AN AUTOMATIC DENIAL OF PRECLEARANCE.
   (C)  THE  COURT  SHALL  GRANT  OR  DENY PRECLEARANCE WITHIN SIXTY DAYS
 FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (D) THE COURT SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES THAT  THE
 COVERED  POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS
 TO PARTICIPATE IN THE POLITICAL PROCESS AND  TO  ELECT  THEIR  PREFERRED
 CANDIDATES  TO  OFFICE.  IF  THE  COURT GRANTS PRECLEARANCE, THE COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (E) IF THE COURT DENIES PRECLEARANCE, OR FAILS TO RESPOND WITHIN SIXTY
 DAYS, THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (F) APPEAL OF ANY DENIAL MAY BE TAKEN ACCORDING TO THE ORDINARY  RULES
 OF  APPELLATE  PROCEDURE. DUE TO THE FREQUENCY AND URGENCY OF ELECTIONS,
 ACTIONS BROUGHT PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO  EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE ON APPEAL.
   6.  PRECLEARANCE  BY  PUBLIC  NOTICE AND COMMENT. A COVERED ENTITY MAY
 OBTAIN PRECLEARANCE FOR A COVERED POLICY THROUGH THE  USE  OF  A  PUBLIC
 NOTICE AND COMMENT PERIOD PURSUANT TO THE FOLLOWING PROCESS:
   (A)  PRIOR  TO  ENACTING OR SEEKING TO ADMINISTER ANY COVERED POLICIES
 UNDER SUBDIVISION TWO OF THIS SECTION THE COVERED ENTITY  SHALL  PUBLISH
 THE  PROPOSED  COVERED POLICY CHANGE ON ITS OFFICIAL WEBSITE, ALONG WITH
 AN EXPLANATION FOR HOW THE CHANGE WOULD  NOT  DIMINISH  THE  ABILITY  OF
 PROTECTED  CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS  AND TO
 ELECT THEIR PREFERRED CANDIDATES TO OFFICE, AND PUBLISH  GENERAL  NOTICE
 OF  OPPORTUNITY FOR PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. THE
 COVERED ENTITY SHALL ALSO PUBLICIZE THE NOTICE  THROUGH  PRESS  RELEASES
 AND  SUCH  OTHER MEDIA. THE COVERED ENTITY SHALL NOTIFY THE CIVIL RIGHTS
 BUREAU AND THE PRECLEARANCE COMMISSION OF ITS INTENT TO USE  THE  NOTICE
 AND COMMENT PROCESS TO PRECLEAR A PROPOSED CHANGE.
   (B)  SUCH  NOTICE SHALL BE MADE AT LEAST FORTY-FIVE DAYS IN ADVANCE OF
 THE LAST DATE PRESCRIBED IN THE NOTICE FOR PUBLIC COMMENT.
   (C) PUBLIC COMMENT SHALL BE ACCEPTED FOR A PERIOD  OF  NO  FEWER  THAN
 THIRTY  DAYS. DURING THIS PERIOD, THE COVERED ENTITY SHALL AFFORD INTER-
 ESTED PERSONS AN OPPORTUNITY TO SUBMIT DATA,  VIEWS,  AND  ARGUMENTS  IN
 S. 1046--B                         16

 WRITING  BY  MAIL,  FAX,  OR  EMAIL, OR THROUGH AN ONLINE PUBLIC COMMENT
 PORTAL ON THE OFFICIAL WEBSITE FOR THE LOCALITY IF ONE HAS  BEEN  ESTAB-
 LISHED.
   (D)  THE  COVERED  ENTITY  SHALL  CONDUCT  AT LEAST ONE PUBLIC HEARING
 DURING THIS PERIOD TO RECEIVE PUBLIC COMMENT  ON  THE  PROPOSED  COVERED
 PRACTICE.
   (E)  THE COVERED ENTITY MAY MAKE CHANGES TO THE PROPOSED COVERED PRAC-
 TICE IN RESPONSE TO PUBLIC COMMENT RECEIVED. IN DOING  SO,  THE  REVISED
 COVERED PRACTICE SHALL BE PUBLISHED AND PUBLIC COMMENT SHALL BE ACCEPTED
 IN  ACCORDANCE  WITH  THIS  SUBSECTION, EXCEPT THE PUBLIC COMMENT PERIOD
 SHALL BE NO FEWER THAN FIFTEEN DAYS.
   (F) FOLLOWING THE PUBLIC COMMENT PERIOD  OR  PERIODS  PRESCRIBED,  THE
 COVERED  ENTITY  SHALL  PUBLISH  THE FINAL COVERED PRACTICE, WHICH SHALL
 INCLUDE A PLAIN ENGLISH DESCRIPTION OF THE PRACTICE AND THE TEXT  OF  AN
 ORDINANCE IF APPLICABLE, GIVING EFFECT TO THE PRACTICE, MAPS OF PROPOSED
 BOUNDARY  CHANGES,  OR  OTHER  RELEVANT  MATERIALS,  AND NOTICE THAT THE
 COVERED PRACTICE WILL TAKE EFFECT IN THIRTY DAYS.
   (G) DURING THIS THIRTY-DAY WAITING PERIOD,  ANY  PERSON  WHO  WILL  BE
 SUBJECT  TO,  OR AFFECTED BY, THE COVERED PRACTICE MAY CHALLENGE, IN THE
 SUPREME COURT OF THE LOCALITY WHERE THE COVERED PRACTICE IS TO BE IMPLE-
 MENTED, THE COVERED PRACTICE AS HAVING THE PURPOSE OR EFFECT  OF  DIMIN-
 ISHING  THE  ABILITY  OF  PROTECTED  CLASS MEMBERS TO PARTICIPATE IN THE
 POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.
   (H) THE PRECLEARANCE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY  ASSERT
 JURISDICTION  OVER  THE  PROPOSED  CHANGE  UPON  RECEIVING NOTICE OF THE
 COVERED ENTITY'S INTENT TO USE THE NOTICE AND COMMENT PROCESS  ANY  TIME
 BEFORE  THE  CLOSE  OF  THE PUBLIC COMMENT PERIOD.   A SINGLE MEMBER MAY
 ASSERT JURISDICTION.
   7. FAILURE TO SEEK OR  OBTAIN  PRECLEARANCE.  IF  ANY  COVERED  ENTITY
 ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY  WITHOUT SEEKING PRECLEARANCE
 PURSUANT TO THIS SECTION, OR  ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY
 NOTWITHSTANDING  THE  DENIAL  OF  PRECLEARANCE,  EITHER THE CIVIL RIGHTS
 BUREAU OR ANY OTHER PARTY WITH STANDING TO BRING AN  ACTION  UNDER  THIS
 TITLE MAY BRING AN ACTION TO ENJOIN THE COVERED POLICY AND TO SEEK SANC-
 TIONS AGAINST THE POLITICAL SUBDIVISION AND OFFICIALS IN VIOLATION.
   8. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN-
 NING  ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION OR THE CIVIL
 RIGHTS BUREAU MAY, IN ITS DISCRETION,  INITIATE  A  LOOKBACK  REVIEW  IN
 WHICH  IT  MAY  DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN
 PREVIOUSLY ENACTED BY COVERED JURISDICTIONS.
   (B) THE COMMISSION MAY ONLY INITIATE  A  LOOKBACK  REVIEW  OF  COVERED
 POLICIES  THAT  WERE ENACTED OR IMPLEMENTED BY A COVERED JURISDICTION ON
 OR AFTER THE DATE ON WHICH THIS TITLE TAKES  EFFECT  AND  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS SECTION.
   (C)  IN  ORDER  TO  INITIATE  A  LOOKBACK  REVIEW, THE COMMISSION MUST
 PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO REVIEW  A  COVERED
 POLICY  ENACTED  OR  IMPLEMENTED BY THAT COVERED ENTITY. UPON RECEIPT OF
 SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRIT-
 ING TO THE PRECLEARANCE COMMISSION WITHIN THIRTY DAYS.
   (D) UPON RECEIPT OF A COVERED POLICY FOR LOOKBACK REVIEW, THE  COMMIS-
 SION  SHALL  PUBLISH  THE  SUBMISSION  ON  ITS WEBSITE. THE SCHEDULE AND
 PROCEDURES FOR RECEIVING PUBLIC  COMMENT  AND  EVALUATING  A  SUBMISSION
 THROUGH  LOOKBACK  REVIEW  SHALL  REFLECT  THE  SCHEDULE  AND PROCEDURES
 PROVIDED BY PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION, BASED  ON
 THE TYPE OF POLICY THAT IS THE SUBJECT OF THE SUBMISSION.
 S. 1046--B                         17
 
   9.  RULES AND REGULATIONS. THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH
 RULES AND REGULATIONS PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT
 AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 17-214. RIGHT  OF  ACTION  AGAINST  VOTER INTIMIDATION, DECEPTION OR
 OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING  UNDER  COLOR  OF  LAW  OR
 OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION
 THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I)  ESTABLISHED  IF  A  PERSON  USES  OR  THREATENS TO USE ANY FORCE,
 VIOLENCE, RESTRAINT, ABDUCTION OR DURESS, OR INFLICTS  OR  THREATENS  TO
 INFLICT  ANY  INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRAC-
 TICES INTIMIDATION THAT CAUSES OR WILL REASONABLY  HAVE  THE  EFFECT  OF
 CAUSING  ANY  PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR
 AGAINST ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION  SUBMIT-
 TED  TO  VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR
 NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING
 AN ABSENTEE BALLOT; OR
   (II) ESTABLISHED IF A PERSON KNOWINGLY USES ANY DECEPTIVE  OR  FRAUDU-
 LENT  DEVICE,  CONTRIVANCE  OR  COMMUNICATION, THAT IMPEDES, PREVENTS OR
 OTHERWISE INTERFERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY
 ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING
 ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR  OR  AGAINST
 ANY  PARTICULAR  PERSON  OR  FOR OR AGAINST ANY PROPOSITION SUBMITTED TO
 VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN  FROM  PLACING  THEIR  NAME
 UPON  A  REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN
 ABSENTEE BALLOT; OR
   (III) ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE  INTER-
 FERES  WITH  ACCESS  TO  ANY  POLLING  PLACE  OR  ELECTIONS  OFFICE,  OR
 OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER
 THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY  DELAY  IN
 VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF
 BALLOTS.
   2.  STANDING.  ANY  AGGRIEVED  PERSONS,  ORGANIZATION WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   3. REMEDIES. UPON A FINDING OF A VIOLATION OF ANY  PROVISION  OF  THIS
 SECTION,  THE  COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING
 FOR ADDITIONAL TIME TO CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION
 AT ISSUE. THIS TITLE GIVES THE COURT  AUTHORITY  TO  IMPLEMENT  REMEDIES
 NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, INCLUDING ANY
 OTHER  STATE  OR  LOCAL  LAW.  ANY  PARTY  WHO  SHALL VIOLATE ANY OF THE
 PROVISIONS OF THE FOREGOING SECTION OR WHO SHALL AID  THE  VIOLATION  OF
 ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY
 FOR  DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSA-
 TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION.
   § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION
 TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL  HAVE
 THE  AUTHORITY  TO  TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 17-218. EXPEDITED  JUDICIAL  PROCEEDINGS  AND  PRELIMINARY   RELIEF.
 BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE-
 S. 1046--B                         18
 
 PARABLE  HARM  OF  HOLDING  ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE
 EXPENDITURE TO  DEFEND  POTENTIALLY  UNLAWFUL  CONDITIONS  THAT  BENEFIT
 INCUMBENT  OFFICIALS,  ACTIONS  BROUGHT  PURSUANT TO THIS TITLE SHALL BE
 SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO-
 MATIC  CALENDAR  PREFERENCE.  IN ANY ACTION ALLEGING A VIOLATION OF THIS
 SECTION IN WHICH A PLAINTIFF PARTY SEEKS PRELIMINARY RELIEF WITH RESPECT
 TO AN UPCOMING ELECTION, THE COURT SHALL GRANT RELIEF IF  IT  DETERMINES
 THAT:  (A) PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS;
 AND  (B)  IT  IS  POSSIBLE TO IMPLEMENT AN APPROPRIATE REMEDY THAT WOULD
 RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   § 17-220. ATTORNEYS' FEES. IN ANY ACTION TO ENFORCE ANY  PROVISION  OF
 THIS  TITLE, THE COURT SHALL ALLOW THE PREVAILING PLAINTIFF PARTY, OTHER
 THAN THE STATE OR POLITICAL SUBDIVISION THEREOF, A REASONABLE ATTORNEYS'
 FEE, LITIGATION EXPENSES INCLUDING, BUT NOT LIMITED TO,  EXPERT  WITNESS
 FEES  AND  EXPENSES  AS PART OF THE COSTS. A PLAINTIFF WILL BE DEEMED TO
 HAVE PREVAILED WHEN, AS A RESULT  OF  LITIGATION,  THE  DEFENDANT  PARTY
 YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT.  PREVAILING DEFEND-
 ANT  PARTIES  SHALL  NOT  RECOVER  ANY COSTS, UNLESS THE COURT FINDS THE
 ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION.
   § 17-222. APPLICABILITY. THE PROVISIONS OF THIS TITLE SHALL  APPLY  TO
 ALL  ELECTIONS  FOR  ANY  ELECTED  OFFICE OR ELECTORAL CHOICE WITHIN THE
 STATE OR ANY POLITICAL SUBDIVISION. THE PROVISIONS OF THIS  TITLE  SHALL
 APPLY  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, INCLUDING ANY OTHER
 STATE LAW OR LOCAL LAW.
   § 17-224. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR ITS APPLICA-
 TION TO ANY PERSON,  POLITICAL  SUBDIVISION,  OR  CIRCUMSTANCE  IS  HELD
 INVALID,  THE  INVALIDITY  SHALL NOT AFFECT OTHER PROVISIONS OR APPLICA-
 TIONS OF THIS TITLE WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT  THE  INVALID
 PROVISION  OR  APPLICATION, AND TO THIS END THE PROVISIONS OF THIS TITLE
 ARE SEVERABLE.
   § 5. This act shall take effect immediately; provided,  however,  that
 paragraph (c) of subdivision seven of section 17-206 of the election law
 as added by section four of this act shall take effect one year after it
 shall  have  become  a  law; and provided further, however, that section
 17-208 of the election law as added by section four of  this  act  shall
 take  effect  three years after it shall have become a law; and provided
 further, however, that section 17-212 of the election law, as  added  by
 section  four of this act, shall take effect one year after the attorney
 general certifies that the office of the attorney general is prepared to
 execute the duties assigned in section four of this act,  if  after  the
 expiration of one year the attorney general requires more time to certi-
 fy  that  the  office of the attorney general is prepared to execute the
 duties assigned in section four of this act, the attorney general,  may,
 for  good  cause  shown,  apply to the governor for such an extension of
 time. The governor may grant or deny an extension  of  up  to  one  year
 according  to  his  or her discretion. The attorney general shall notify
 the legislative bill drafting commission  upon  the  occurrence  of  the
 enactment of the legislation provided for in section four of this act in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1046--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
   CLEARE,  COMRIE,  COONEY,  FELDER,  GAUGHRAN,   GIANARIS,   GOUNARDES,
   HINCHEY,  HOYLMAN,  JACKSON,  KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU,
   MANNION, MAY, MAYER, PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR,
   SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  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  --  reported  favorably  from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the election law, in relation to establishing the John
   R. Lewis Voting Rights Act of New York, establishing rights of  action
   for  denying  or  abridging  of the right of any member of a protected
   class to  vote,  providing  assistance  to  language-minority  groups,
   requiring  certain  political subdivisions to receive preclearance for
   potential violations of the NYVRA, and creating  civil  liability  for
   voter intimidation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "John  R.
 Lewis Voting Rights Act of New York (NYVRA)".
   §  2. Sections 17-100 through 17-170 of article 17 of the election law
 are designated title 1 and a new title  heading  is  added  to  read  as
 follows:
 
                   VIOLATIONS OF THE ELECTIVE FRANCHISE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02423-17-2
 S. 1046--C                          2
              

 
   §  3. The article heading of article 17 of the election law is amended
 to read as follows:
 
             [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
 
   § 4. Article 17 of the election law is amended by adding a new title 2
 to read as follows:
                                  TITLE 2
                JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY.
         17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE.
         17-204. DEFINITIONS.
         17-206. RIGHTS OF ACTION.
         17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS.
         17-210. PRECLEARANCE COMMISSION.
         17-212. PRECLEARANCE.
         17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR
                   OBSTRUCTION.
         17-216. AUTHORITY TO ISSUE SUBPOENAS.
         17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF.
         17-220. ATTORNEYS' FEES.
         17-222. APPLICABILITY.
         17-224. SEVERABILITY.
   § 17-200. LEGISLATIVE  PURPOSE  AND  STATEMENT  OF PUBLIC POLICY.   IN
 RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO  VOTE  PROVIDED  BY  THE
 CONSTITUTION  OF  THE  STATE OF NEW YORK, WHICH SUBSTANTIALLY EXCEED THE
 PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY THE  CONSTITUTION  OF  THE
 UNITED  STATES, AND IN CONJUNCTION WITH THE CONSTITUTIONAL GUARANTEES OF
 EQUAL PROTECTION, FREEDOM OF  EXPRESSION,  AND  FREEDOM  OF  ASSOCIATION
 UNDER THE LAW AND AGAINST THE DENIAL OR ABRIDGEMENT OF THE VOTING RIGHTS
 OF  MEMBERS  OF  A  RACE,  COLOR,  OR LANGUAGE-MINORITY GROUP, IT IS THE
 PUBLIC POLICY OF THE STATE OF NEW YORK TO:
   1. ENCOURAGE PARTICIPATION IN THE ELECTIVE FRANCHISE BY  ALL  ELIGIBLE
 VOTERS TO THE MAXIMUM EXTENT; AND
   2.  ENSURE  THAT ELIGIBLE VOTERS WHO ARE MEMBERS OF RACIAL, COLOR, AND
 LANGUAGE-MINORITY GROUPS SHALL HAVE AN EQUAL OPPORTUNITY TO  PARTICIPATE
 IN  THE  POLITICAL PROCESSES OF THE STATE OF NEW YORK, AND ESPECIALLY TO
 EXERCISE THE ELECTIVE FRANCHISE.
   § 17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE  FRANCHISE.    IN
 FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY
 THE  CONSTITUTION  OF  THE  STATE OF NEW YORK, STATUTES, RULES AND REGU-
 LATIONS, AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE  FRANCHISE
 SHALL  BE  CONSTRUED  LIBERALLY  IN FAVOR OF (A) PROTECTING THE RIGHT TO
 CAST AN EFFECTIVE BALLOT; (B) ENSURING  THAT  ELIGIBLE  VOTERS  ARE  NOT
 IMPAIRED  IN  REGISTERING TO VOTE OR VOTING INCLUDING HAVING THEIR VOTES
 COUNTED, AND (C) ENSURING EQUITABLE ACCESS WITH REGARD TO  RACE,  COLOR,
 AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO
 VOTE.   THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS POLI-
 CIES AND PRACTICES CANNOT BE SO EXERCISED AS TO  UNNECESSARILY  DENY  OR
 ABRIDGE THE RIGHT TO VOTE.  POLICIES AND PRACTICES THAT BURDEN THE RIGHT
 TO  VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPELLING POLICY JUSTI-
 FICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE.
   § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   1. "AT-LARGE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS TO
 THE GOVERNING BODY OF A POLITICAL SUBDIVISION: (A) IN WHICH ALL  OF  THE
 VOTERS  OF THE ENTIRE POLITICAL SUBDIVISION ELECT EACH OF THE MEMBERS TO
 S. 1046--C                          3
 
 THE GOVERNING BODY; (B) IN WHICH THE CANDIDATES ARE REQUIRED  TO  RESIDE
 WITHIN GIVEN AREAS OF THE POLITICAL SUBDIVISION AND ALL OF THE VOTERS OF
 THE  ENTIRE  POLITICAL  SUBDIVISION  ELECT  EACH  OF  THE MEMBERS TO THE
 GOVERNING  BODY;  OR (C) THAT COMBINES AT-LARGE ELECTIONS WITH DISTRICT-
 BASED ELECTIONS, UNLESS THE ONLY MEMBER OF THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION ELECTED AT-LARGE HOLDS EXCLUSIVELY EXECUTIVE RESPONSI-
 BILITIES. AT-LARGE METHOD OF ELECTION  DOES  NOT  INCLUDE  RANKED-CHOICE
 VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   2.  "DISTRICT-BASED"  METHOD  OF  ELECTION  MEANS A METHOD OF ELECTING
 MEMBERS TO THE  GOVERNING  BODY  OF  A  POLITICAL  SUBDIVISION  USING  A
 DISTRICTING  OR REDISTRICTING PLAN IN WHICH EACH MEMBER OF THE GOVERNING
 BODY RESIDES WITHIN A DISTRICT OR WARD THAT IS A DIVISIBLE PART  OF  THE
 POLITICAL SUBDIVISION AND IS ELECTED ONLY BY VOTERS RESIDING WITHIN THAT
 DISTRICT  OR  WARD, EXCEPT FOR A MEMBER OF THE GOVERNING BODY THAT HOLDS
 EXCLUSIVELY EXECUTIVE RESPONSIBILITIES.
   3. "ALTERNATIVE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS
 TO THE GOVERNING BODY OF A POLITICAL SUBDIVISION USING  A  METHOD  OTHER
 THAN  AT-LARGE OR DISTRICT-BASED, INCLUDING, BUT NOT LIMITED TO, RANKED-
 CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   4. "POLITICAL SUBDIVISION" MEANS A GEOGRAPHIC AREA  OF  REPRESENTATION
 CREATED  FOR  THE  PROVISION  OF GOVERNMENT SERVICES, INCLUDING, BUT NOT
 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER
 DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   5. "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE  MEMBERS
 OF  A RACE, COLOR, OR LANGUAGE-MINORITY GROUP, AS REFERENCED AND DEFINED
 IN THE FEDERAL VOTING RIGHTS ACT.
   6. "RACIALLY POLARIZED VOTING"  MEANS  VOTING  IN  WHICH  THERE  IS  A
 DIFFERENCE  IN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY MEMBERS IN
 A PROTECTED CLASS, AND THE CANDIDATE OR ELECTORAL  CHOICE  PREFERRED  BY
 THE  REST  OF  THE  ELECTORATE.  THE  METHODOLOGIES FOR ESTIMATING GROUP
 VOTING BEHAVIOR AS APPROVED IN APPLICABLE FEDERAL CASES TO  ENFORCE  THE
 FEDERAL  VOTING RIGHTS ACT TO ESTABLISH RACIALLY POLARIZED VOTING MAY BE
 USED FOR PURPOSES OF THIS SUBDIVISION TO PROVE THAT ELECTIONS ARE  CHAR-
 ACTERIZED  BY  RACIALLY  POLARIZED VOTING, BUT THOSE METHODOLOGIES SHALL
 NOT BE THE EXCLUSIVE MEANS OF PROVING RACIALLY POLARIZED VOTING.
   7. "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT  OF
 1965, 52 U.S.C. § 10301 ET SEQ.
   8.  THE  "CIVIL  RIGHTS  BUREAU"  MEANS THE CIVIL RIGHTS BUREAU OF THE
 OFFICE OF THE ATTORNEY GENERAL.
   9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR
 JUDICIAL PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING  LITI-
 GATION  FILED  BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT OR ADJUDI-
 CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION.
   10. "PRECLEARANCE COMMISSION" MEANS  THE  COMMISSION  FORMED  BY  THIS
 TITLE  TO MAKE DETERMINATIONS AS TO PRECLEARANCE, INFORMED BY THE RECOM-
 MENDATIONS OF THE CIVIL RIGHTS BUREAU.
   11. "DECEPTIVE OR FRAUDULENT DEVICE,  CONTRIVANCE,  OR  COMMUNICATION"
 MEANS  ONE  THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A) THE TIME,
 PLACE,  AND  MANNER  OF  ANY  ELECTION;  (B)   THE   QUALIFICATIONS   OR
 RESTRICTIONS  ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A STATEMENT
 OF ENDORSEMENT BY ANY SPECIFICALLY NAMED  PERSON,  POLITICAL  PARTY,  OR
 ORGANIZATION.
   § 17-206. RIGHTS   OF   ACTION.  1.  RIGHT  OF  ACTION  AGAINST  VOTER
 SUPPRESSION. (A) NO VOTING QUALIFICATION, PREREQUISITE TO  VOTING,  LAW,
 ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY SHALL BE
 ENACTED  OR  IMPLEMENTED BY ANY BOARD OF ELECTIONS OR POLITICAL SUBDIVI-
 S. 1046--C                          4
 
 SION IN A MANNER THAT RESULTS IN A DENIAL OR ABRIDGEMENT OF THE RIGHT OF
 ANY MEMBER OF A PROTECTED CLASS TO VOTE.
   (B)  A  VIOLATION  IS  ESTABLISHED  IF,  BASED  ON THE TOTALITY OF THE
 CIRCUMSTANCES, THE ABILITY OF MEMBERS OF THE PROTECTED  CLASS  TO  ELECT
 CANDIDATES  OF  THEIR  CHOICE  OR  INFLUENCE THE OUTCOME OF ELECTIONS IS
 IMPAIRED.
   (C) FOR POLITICAL SUBDIVISIONS WHERE EITHER  THE  PRIMARY  OR  GENERAL
 ELECTION  IS  HELD  ON A DATE THAT IS NOT CONCURRENT WITH THE PRIMARY OR
 GENERAL ELECTION DATES FOR STATE, COUNTY, OR CITY OFFICE AS  ESTABLISHED
 IN  SECTION  EIGHT OF ARTICLE THREE OR SECTION EIGHT OF ARTICLE THIRTEEN
 OF THE CONSTITUTION, AND IN STATE LAW, THERE SHALL BE A PRESUMPTION THAT
 THE DATE OF ELECTION RESULTS IN THE DENIAL OR ABRIDGEMENT OF  THE  RIGHT
 TO  VOTE WHERE FOR THREE CONSECUTIVE GENERAL ELECTIONS IN WHICH THERE IS
 AT LEAST ONE CONTESTED RACE FOR AN OFFICE, THE NUMBER OF  ACTUAL  VOTERS
 IN EACH CONTESTED ELECTION IS LESS THAN TWENTY-FIVE PERCENT OF THE TOTAL
 NUMBER  OF VOTES CAST IN THE MOST RECENT GENERAL ELECTION FOR THE PRESI-
 DENCY OF THE UNITED STATES BY VOTERS IN THE POLITICAL SUBDIVISION, OR IN
 WHICH, FOR ANY PROTECTED CLASS CONSISTING OF AT LEAST TWENTY-FIVE  THOU-
 SAND  CITIZENS  OF  VOTING  AGE  OR  WHOSE MEMBERS COMPRISE AT LEAST TEN
 PERCENT OF THE CITIZEN VOTING AGE POPULATION, THE PERCENT OF MEMBERS  OF
 THAT  PROTECTED  CLASS  THAT  ARE  ACTUAL VOTERS IS AT LEAST TWENTY-FIVE
 PERCENT LOWER THAN THE PERCENT OF CITIZENS OF VOTING AGE  THAT  ARE  NOT
 MEMBERS OF THAT PROTECTED CLASS THAT ARE ACTUAL VOTERS.
   2.  RIGHT  OF  ACTION AGAINST VOTE DILUTION. (A) A METHOD OF ELECTION,
 INCLUDING AT-LARGE, DISTRICT-BASED, OR ALTERNATIVE, SHALL NOT  HAVE  THE
 EFFECT OF IMPAIRING THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT
 CANDIDATES  OF  THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS, AS A
 RESULT OF THE DILUTION OR THE ABRIDGMENT OF THE RIGHTS OF MEMBERS OF THE
 PROTECTED CLASS.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I) ESTABLISHED IF A POLITICAL SUBDIVISION USES AN AT-LARGE METHOD  OF
 ELECTION  AND IT IS SHOWN THAT EITHER: (A) VOTING PATTERNS OF MEMBERS OF
 THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLAR-
 IZED; OR (B) UNDER THE TOTALITY OF THE  CIRCUMSTANCES,  THE  ABILITY  OF
 MEMBERS  OF  THE  PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR
 INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (II) ESTABLISHED IF A POLITICAL SUBDIVISION USES A  DISTRICT-BASED  OR
 ALTERNATIVE  METHOD OF ELECTION AND IT IS SHOWN THAT CANDIDATES OR ELEC-
 TORAL CHOICES PREFERRED BY MEMBERS OF THE PROTECTED CLASS WOULD  USUALLY
 BE DEFEATED, AND EITHER: (A) VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS  WITHIN  THE  POLITICAL SUBDIVISION ARE RACIALLY POLARIZED; OR (B)
 UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS  OF  THE
 PROTECTED  CLASS  TO  ELECT  CANDIDATES OF THEIR CHOICE OR INFLUENCE THE
 OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (C) IN ASSESSING WHETHER VOTING PATTERNS OF MEMBERS OF  THE  PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLARIZED OR WHETHER
 CANDIDATES  OR  ELECTORAL  CHOICES PREFERRED BY MEMBERS OF THE PROTECTED
 CLASS WOULD USUALLY BE DEFEATED:  (I) ELECTIONS CONDUCTED PRIOR  TO  THE
 FILING OF AN ACTION PURSUANT TO THIS SUBDIVISION ARE MORE PROBATIVE THAN
 ELECTIONS  CONDUCTED  AFTER  THE  FILING  OF  THE  ACTION; (II) EVIDENCE
 CONCERNING ELECTIONS FOR MEMBERS OF THE GOVERNING BODY OF THE  POLITICAL
 SUBDIVISION ARE MORE PROBATIVE THAN EVIDENCE CONCERNING OTHER ELECTIONS;
 (III)  STATISTICAL  EVIDENCE  IS  MORE  PROBATIVE  THAN  NON-STATISTICAL
 EVIDENCE; (IV) WHERE THERE IS EVIDENCE  THAT  MORE  THAN  ONE  PROTECTED
 CLASS  OF  ELIGIBLE  VOTERS  ARE  POLITICALLY  COHESIVE IN THE POLITICAL
 SUBDIVISION, MEMBERS OF EACH OF THOSE PROTECTED CLASSES MAY BE COMBINED;
 S. 1046--C                          5
 
 (V) EVIDENCE CONCERNING THE INTENT ON THE PART OF  THE  VOTERS,  ELECTED
 OFFICIALS,  OR  THE  POLITICAL  SUBDIVISION  TO  DISCRIMINATE  AGAINST A
 PROTECTED CLASS IS NOT REQUIRED; (VI) EVIDENCE THAT VOTING PATTERNS  AND
 ELECTION  OUTCOMES  COULD  BE  EXPLAINED  BY FACTORS OTHER THAN RACIALLY
 POLARIZED VOTING, INCLUDING BUT NOT LIMITED TO PARTISANSHIP,  SHALL  NOT
 BE  CONSIDERED;  (VII) EVIDENCE THAT SUB-GROUPS WITHIN A PROTECTED CLASS
 HAVE DIFFERENT VOTING PATTERNS SHALL NOT BE CONSIDERED; (VIII)  EVIDENCE
 CONCERNING  WHETHER  MEMBERS  OF  A  PROTECTED  CLASS ARE GEOGRAPHICALLY
 COMPACT OR CONCENTRATED SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR  IN
 DETERMINING AN APPROPRIATE REMEDY; AND (IX) EVIDENCE CONCERNING PROJECT-
 ED  CHANGES  IN  POPULATION OR DEMOGRAPHICS SHALL NOT BE CONSIDERED, BUT
 MAY BE A FACTOR, IN DETERMINING AN APPROPRIATE REMEDY.
   3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES.  IN ASSESSING WHETHER,
 UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS  OF  THE
 PROTECTED  CLASS  TO  ELECT  CANDIDATES OF THEIR CHOICE OR INFLUENCE THE
 OUTCOME OF ELECTIONS IS IMPAIRED WITHOUT A COMPELLING POLICY  JUSTIFICA-
 TION,  FACTORS  THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED
 TO: (A) THE HISTORY OF  DISCRIMINATION  IN  THE  POLITICAL  SUBDIVISION,
 GEOGRAPHIC  REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF THE
 PROTECTED CLASS HAVE BEEN ELECTED TO OFFICE IN  THE  POLITICAL  SUBDIVI-
 SION;  (C)  THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE TO VOTING,
 LAW, ORDINANCE, STANDARD, PRACTICE,  PROCEDURE,  REGULATION,  OR  POLICY
 THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENIAL
 OF ACCESS OF EITHER ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE
 PROTECTED  CLASS  TO  THOSE PROCESSES DETERMINING WHICH GROUPS OF CANDI-
 DATES WILL RECEIVE ACCESS TO THE BALLOT,  FINANCIAL  SUPPORT,  OR  OTHER
 SUPPORT  IN  A  GIVEN  ELECTION;  (E) THE EXTENT TO WHICH MEMBERS OF THE
 PROTECTED CLASS CONTRIBUTE TO POLITICAL CAMPAIGNS AT  LOWER  RATES;  (F)
 THE  EXTENT  TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE OR POLI-
 TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR-
 ATE; (G) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS  ARE  DISAD-
 VANTAGED  IN  AREAS  INCLUDING BUT NOT LIMITED TO EDUCATION, EMPLOYMENT,
 HEALTH,  CRIMINAL  JUSTICE,  HOUSING,   LAND   USE,   OR   ENVIRONMENTAL
 PROTECTION;  (H)  THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE
 DISADVANTAGED IN OTHER AREAS WHICH MAY HINDER THEIR ABILITY  TO  PARTIC-
 IPATE  EFFECTIVELY  IN  THE  POLITICAL  PROCESS; (I) THE USE OF OVERT OR
 SUBTLE RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK  OF
 RESPONSIVENESS  ON  THE  PART OF ELECTED OFFICIALS TO THE PARTICULARIZED
 NEEDS OF MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER  THE  POLITICAL
 SUBDIVISION  HAS A COMPELLING POLICY JUSTIFICATION THAT IS SUBSTANTIATED
 AND SUPPORTED BY EVIDENCE FOR ADOPTING  OR  MAINTAINING  THE  METHOD  OF
 ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI-
 NANCE,  STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY.  NO FACTOR
 IS DISPOSITIVE OR NECESSARY  TO  ESTABLISH  THE  EXISTENCE  OF  RACIALLY
 POLARIZED  VOTING.  EVIDENCE  OF  THESE  FACTORS  CONCERNING  THE STATE,
 PRIVATE ACTORS, OR OTHER POLITICAL SUBDIVISIONS IN THE GEOGRAPHIC REGION
 MAY BE CONSIDERED BUT IS LESS PROBATIVE  THAN  EVIDENCE  CONCERNING  THE
 POLITICAL SUBDIVISION ITSELF.
   4.  STANDING.  ANY  AGGRIEVED  PERSON,  ORGANIZATION  WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE POLITICAL SUBDIVISION IS LOCATED.
 S. 1046--C                          6
 
   5. REMEDIES. (A) UPON A FINDING OF A VIOLATION  OF  ANY  PROVISION  OF
 THIS  SECTION,  THE  COURT SHALL IMPLEMENT APPROPRIATE REMEDIES THAT ARE
 TAILORED TO REMEDY THE VIOLATION. REMEDIES MAY INCLUDE, BUT SHALL NOT BE
 LIMITED TO:
   (I) A DISTRICT-BASED METHOD OF ELECTION;
   (II) AN ALTERNATIVE METHOD OF ELECTION;
   (III) NEW OR REVISED DISTRICTING OR REDISTRICTING PLANS;
   (IV)  ELIMINATION  OF  STAGGERED  ELECTIONS SO THAT ALL MEMBERS OF THE
 GOVERNING BODY ARE ELECTED ON THE SAME DATE;
   (V) REASONABLY INCREASING THE SIZE OF THE GOVERNING BODY;
   (VI) MOVING THE DATES OF ELECTIONS TO BE CONCURRENT WITH  THE  PRIMARY
 OR  GENERAL  ELECTION  DATES FOR STATE, COUNTY, OR CITY OFFICE AS ESTAB-
 LISHED IN SECTION EIGHT OF ARTICLE THREE OR  SECTION  EIGHT  OF  ARTICLE
 THIRTEEN OF THE CONSTITUTION;
   (VII)  TRANSFERRING  AUTHORITY  FOR  CONDUCTING THE POLITICAL SUBDIVI-
 SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN  WHICH  THE
 POLITICAL SUBDIVISION IS LOCATED;
   (VIII) ADDITIONAL VOTING HOURS OR DAYS;
   (IX) ADDITIONAL POLLING LOCATIONS;
   (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL;
   (XI) ORDERING OF SPECIAL ELECTIONS;
   (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION;
   (XIII) REQUIRING ADDITIONAL VOTER EDUCATION;
   (XIV) MODIFYING THE ELECTION CALENDAR;
   (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR
   (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER
 AS  THE  COURT  MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN
 SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH  PLAN  DOES
 NOT  HAVE  THE  PURPOSE  OF  DILUTING  THE RIGHT TO VOTE ON THE BASIS OF
 PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES
 SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A
 SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN.
   (B) THE COURT SHALL ONLY ADOPT A REMEDY THAT  WILL  NOT  DIMINISH  THE
 ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROC-
 ESS  AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.  THE COURT SHALL
 CONSIDER PROPOSED REMEDIES BY ANY PARTIES  AND  INTERESTED  NON-PARTIES,
 AND SHALL NOT PROVIDE DEFERENCE OR PRIORITY TO A PROPOSED REMEDY BECAUSE
 IT  IS PROPOSED BY THE POLITICAL SUBDIVISION. THIS TITLE GIVES THE COURT
 AUTHORITY TO IMPLEMENT REMEDIES NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   6.  PROCEDURES  FOR  IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS-
 TRICTING PLANS. THE GOVERNING BODY OF A POLITICAL SUBDIVISION  WITH  THE
 AUTHORITY  UNDER  THIS  TITLE AND ALL APPLICABLE STATE AND LOCAL LAWS TO
 ENACT AND IMPLEMENT A NEW METHOD OF ELECTION THAT WILL REPLACE THE POLI-
 TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR
 ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING
 OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS  ENUMERATED  IN
 THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA-
 TION  LETTER,  AS  DEFINED  IN SUBDIVISION SEVEN OF THIS SECTION, OR THE
 FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE  FEDERAL  VOTING  RIGHTS
 ACT.
   (A)  BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 OF THE PROPOSED BOUNDARIES OF THE DISTRICTS, THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT  LEAST TWO PUBLIC HEARINGS OVER A PERIOD OF NO MORE THAN
 THIRTY DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE  INPUT  REGARDING
 THE  COMPOSITION  OF THE DISTRICTS. BEFORE THESE HEARINGS, THE POLITICAL
 S. 1046--C                          7
 
 SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING  TO  NON-ENGL-
 ISH-SPEAKING  COMMUNITIES,  TO  EXPLAIN THE DISTRICTING OR REDISTRICTING
 PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION.
   (B)  AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE
 POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE  FOR  RELEASE  AT
 LEAST ONE DRAFT DISTRICTING OR REDISTRICTING PLAN AND, IF MEMBERS OF THE
 GOVERNING  BODY  OF  THE  POLITICAL SUBDIVISION WILL BE ELECTED IN THEIR
 DISTRICTS AT DIFFERENT TIMES TO PROVIDE FOR STAGGERED TERMS  OF  OFFICE,
 THE POTENTIAL SEQUENCE OF THE ELECTIONS. THE POLITICAL SUBDIVISION SHALL
 ALSO HOLD AT LEAST TWO ADDITIONAL HEARINGS OVER A PERIOD OF NO MORE THAN
 FORTY-FIVE DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE INPUT REGARD-
 ING  THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 AND THE PROPOSED SEQUENCE  OF  ELECTIONS,  IF  APPLICABLE.    THE  DRAFT
 DISTRICTING  OR  REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST
 SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE  DRAFT  DISTRICTING
 OR  REDISTRICTING  PLAN  OR PLANS ARE REVISED AT OR FOLLOWING A HEARING,
 THE REVISED VERSIONS SHALL BE PUBLISHED AND MADE AVAILABLE TO THE PUBLIC
 FOR AT LEAST SEVEN DAYS BEFORE BEING ADOPTED.
   (C) IN DETERMINING  THE  FINAL  SEQUENCE  OF  THE  DISTRICT  ELECTIONS
 CONDUCTED  IN  A POLITICAL SUBDIVISION IN WHICH MEMBERS OF THE GOVERNING
 BODY WILL BE ELECTED AT DIFFERENT TIMES TO PROVIDE FOR  STAGGERED  TERMS
 OF  OFFICE,  THE  GOVERNING BODY SHALL GIVE SPECIAL CONSIDERATION TO THE
 PURPOSES OF THIS TITLE, AND IT SHALL TAKE INTO ACCOUNT  THE  PREFERENCES
 EXPRESSED BY MEMBERS OF THE DISTRICTS.
   7.  NOTIFICATION  REQUIREMENT  AND  SAFE  HARBOR FOR JUDICIAL ACTIONS.
 BEFORE COMMENCING A JUDICIAL  ACTION  AGAINST  A  POLITICAL  SUBDIVISION
 UNDER THIS SECTION, A PROSPECTIVE PLAINTIFF SHALL SEND BY CERTIFIED MAIL
 A  WRITTEN  NOTICE TO THE CLERK OF THE POLITICAL SUBDIVISION, OR, IF THE
 POLITICAL SUBDIVISION DOES NOT HAVE A CLERK, THE GOVERNING BODY  OF  THE
 POLITICAL  SUBDIVISION,  AGAINST  WHICH  THE  ACTION  WOULD  BE BROUGHT,
 ASSERTING THAT THE POLITICAL SUBDIVISION MAY BE  IN  VIOLATION  OF  THIS
 TITLE. THIS WRITTEN NOTICE SHALL BE REFERRED TO AS A "NYVRA NOTIFICATION
 LETTER"  IN  THIS  TITLE.  FOR  ACTIONS AGAINST A SCHOOL DISTRICT OR ANY
 OTHER POLITICAL SUBDIVISION THAT HOLDS ELECTIONS GOVERNED BY THE  EDUCA-
 TION  LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A
 COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION.
   (A) A PROSPECTIVE PLAINTIFF  SHALL  NOT  COMMENCE  A  JUDICIAL  ACTION
 AGAINST  A POLITICAL SUBDIVISION UNDER THIS SECTION WITHIN FIFTY DAYS OF
 SENDING TO THE POLITICAL SUBDIVISION A NYVRA NOTIFICATION LETTER.
   (B) BEFORE RECEIVING A NYVRA NOTIFICATION LETTER, OR WITHIN FIFTY DAYS
 OF MAILING OF A NYVRA NOTIFICATION LETTER, THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION MAY PASS A RESOLUTION  AFFIRMING:  (I)  THE  POLITICAL
 SUBDIVISION'S  INTENTION TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL
 VIOLATION OF THIS TITLE; (II) SPECIFIC STEPS IT WILL UNDERTAKE TO FACIL-
 ITATE APPROVAL AND IMPLEMENTATION OF SUCH A REMEDY; AND (III) A SCHEDULE
 FOR ENACTING AND IMPLEMENTING SUCH A REMEDY. SUCH A RESOLUTION SHALL  BE
 REFERRED TO AS A "NYVRA RESOLUTION" IN THIS TITLE. IF A POLITICAL SUBDI-
 VISION  PASSES  A  NYVRA  RESOLUTION,  A PROSPECTIVE PLAINTIFF SHALL NOT
 COMMENCE AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL  SUBDI-
 VISION  WITHIN  NINETY  DAYS  OF  THE  RESOLUTION'S PASSAGE. FOR ACTIONS
 AGAINST A SCHOOL DISTRICT, THE COMMISSIONER OF EDUCATION MAY  ORDER  THE
 ENACTMENT OF AN NYVRA RESOLUTION PURSUANT TO THE COMMISSIONER'S AUTHORI-
 TY UNDER SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.
   (C) IF THE GOVERNING BODY OF A POLITICAL SUBDIVISION LACKS THE AUTHOR-
 ITY  UNDER  THIS TITLE OR APPLICABLE STATE LAW OR LOCAL LAWS TO ENACT OR
 IMPLEMENT A REMEDY IDENTIFIED IN A NYVRA RESOLUTION WITHIN  NINETY  DAYS
 S. 1046--C                          8

 AFTER  THE PASSAGE OF THE NYVRA RESOLUTION, OR IF THE POLITICAL SUBDIVI-
 SION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF THIS  TITLE,
 THE  GOVERNING BODY OF THE POLITICAL SUBDIVISION MAY UNDERTAKE THE STEPS
 ENUMERATED  IN  THE  FOLLOWING PROVISIONS UPON PASSAGE OF A NYVRA RESOL-
 UTION:
   (I) THE GOVERNING BODY OF THE  POLITICAL  SUBDIVISION  MAY  APPROVE  A
 PROPOSED REMEDY THAT COMPLIES WITH THIS TITLE AND SUBMIT SUCH A PROPOSED
 REMEDY  TO  THE  PRECLEARANCE  COMMISSION.    SUCH A SUBMISSION SHALL BE
 REFERRED TO AS A "NYVRA PROPOSAL" IN THIS TITLE.
   (II) PRIOR TO PASSING A  NYVRA  PROPOSAL,  THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT LEAST ONE PUBLIC HEARING, AT WHICH THE PUBLIC IS INVITED
 TO PROVIDE INPUT REGARDING THE NYVRA PROPOSAL.  BEFORE THIS HEARING, THE
 POLITICAL SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC,  INCLUDING  TO
 NON-ENGLISH-SPEAKING COMMUNITIES, TO ENCOURAGE PUBLIC PARTICIPATION.
   (III) WITHIN FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL
 RIGHTS  BUREAU SHALL SUBMIT A REPORT AND RECOMMENDATION TO THE PRECLEAR-
 ANCE COMMISSION AS TO WHETHER THE PRECLEARANCE COMMISSION  SHOULD  GRANT
 OR DENY APPROVAL OF THE NYVRA PROPOSAL.
   (IV)  WITHIN  SIXTY DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE PRECLEAR-
 ANCE COMMISSION SHALL  EITHER  GRANT  OR  DENY  APPROVAL  OF  THE  NYVRA
 PROPOSAL.
   (V) THE PRECLEARANCE COMMISSION SHALL ONLY GRANT APPROVAL TO THE NYVRA
 PROPOSAL  IF  IT CONCLUDES THAT: (A) THE POLITICAL SUBDIVISION MAY BE IN
 VIOLATION OF THIS TITLE; (B) THE NYVRA PROPOSAL WOULD REMEDY ANY  POTEN-
 TIAL  VIOLATION  OF  THIS  TITLE;  (C) THE NYVRA PROPOSAL IS UNLIKELY TO
 VIOLATE THE CONSTITUTION OR ANY FEDERAL LAW; (D) THE NYVRA PROPOSAL WILL
 NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS  TO  PARTICIPATE  IN
 THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE;
 AND  (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE. THE PRECLEAR-
 ANCE COMMISSION MAY GRANT APPROVAL TO THE NYVRA PROPOSAL NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   (VI)  IF  THE  PRECLEARANCE  COMMISSION  GRANTS  APPROVAL,  THE  NYVRA
 PROPOSAL  SHALL  BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL  LAW.  IF
 THE  POLITICAL  SUBDIVISION IS A COVERED ENTITY AS DEFINED UNDER SECTION
 17-212 OF THIS TITLE, THERE SHALL BE NO NEED FOR THE POLITICAL  SUBDIVI-
 SION TO ALSO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH
 SECTION.
   (VII)  IF  THE  PRECLEARANCE  COMMISSION  DENIES  APPROVAL,  THE NYVRA
 PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED. THE  PRECLEARANCE  COMMIS-
 SION  SHALL  INTERPOSE  OBJECTIONS  EXPLAINING ITS BASIS AND MAY, IN ITS
 DISCRETION, INDICATE ANOTHER NYVRA PROPOSAL FOR  WHICH  IT  WOULD  GRANT
 APPROVAL.
   (VIII)  IF  THE  PRECLEARANCE  COMMISSION  DOES NOT RESPOND, THE NYVRA
 PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED.
   (D) A POLITICAL SUBDIVISION THAT HAS PASSED  A  NYVRA  RESOLUTION  MAY
 ENTER  INTO  AN AGREEMENT WITH A PROSPECTIVE PLAINTIFF WHO SENDS A NYVRA
 NOTIFICATION LETTER PROVIDING THAT SUCH A  PROSPECTIVE  PLAINTIFF  SHALL
 NOT  COMMENCE  AN  ACTION  TO ENFORCE THIS SECTION AGAINST THE POLITICAL
 SUBDIVISION FOR AN ADDITIONAL NINETY DAYS. THIS WRITTEN AGREEMENT MAY BE
 REFERRED TO AS A "NYVRA EXTENSION AGREEMENT". THE NYVRA EXTENSION AGREE-
 MENT SHALL INCLUDE A REQUIREMENT THAT EITHER THE  POLITICAL  SUBDIVISION
 SHALL  ENACT AND IMPLEMENT A REMEDY THAT COMPLIES WITH THIS TITLE OR THE
 POLITICAL SUBDIVISION SHALL PASS A NYVRA PROPOSAL AND SUBMIT IT  TO  THE
 CIVIL RIGHTS BUREAU.
 S. 1046--C                          9
 
   (E)  IF,  PURSUANT  TO  A  PROCESS  COMMENCED  BY A NYVRA NOTIFICATION
 LETTER, A POLITICAL SUBDIVISION ENACTS OR IMPLEMENTS  A  REMEDY  OR  THE
 CIVIL  RIGHTS  BUREAU GRANTS APPROVAL TO A NYVRA PROPOSAL, A PROSPECTIVE
 PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER MAY, WITHIN THIRTY DAYS
 OF  THE  ENACTMENT  OR  IMPLEMENTATION  OF THE REMEDY OR APPROVAL OF THE
 NYVRA PROPOSAL, DEMAND REIMBURSEMENT FOR THE COST OF  THE  WORK  PRODUCT
 GENERATED TO SUPPORT THE NYVRA NOTIFICATION LETTER. A PROSPECTIVE PLAIN-
 TIFF  SHALL MAKE THE DEMAND IN WRITING AND SHALL SUBSTANTIATE THE DEMAND
 WITH FINANCIAL DOCUMENTATION, SUCH AS A DETAILED INVOICE FOR  DEMOGRAPHY
 SERVICES  OR FOR THE ANALYSIS OF VOTING PATTERNS IN THE POLITICAL SUBDI-
 VISION. A POLITICAL SUBDIVISION MAY REQUEST ADDITIONAL DOCUMENTATION  IF
 THE  PROVIDED  DOCUMENTATION  IS INSUFFICIENT TO CORROBORATE THE CLAIMED
 COSTS. A POLITICAL SUBDIVISION SHALL REIMBURSE A  PROSPECTIVE  PLAINTIFF
 FOR REASONABLE COSTS CLAIMED, OR IN AN AMOUNT TO WHICH THE PARTIES MUTU-
 ALLY  AGREE.  THE CUMULATIVE AMOUNT OF REIMBURSEMENTS TO ALL PROSPECTIVE
 PLAINTIFFS, EXCEPT FOR ACTIONS BROUGHT BY THE  ATTORNEY  GENERAL,  SHALL
 NOT  EXCEED  FORTY-THREE  THOUSAND  DOLLARS, AS ADJUSTED ANNUALLY TO THE
 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, UNITED STATES  CITY  AVER-
 AGE,  AS  PUBLISHED  BY  THE  UNITED STATES DEPARTMENT OF LABOR.  TO THE
 EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE  NYVRA  NOTIFICATION  LETTER
 AND  A  POLITICAL  SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT,
 EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI-
 CATION OF RIGHTS.
   (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IF  THE  FIRST
 DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVISION'S NEXT REGULAR
 ELECTION TO SELECT MEMBERS OF ITS GOVERNING BOARD HAS BEGUN OR IS SCHED-
 ULED TO BEGIN WITHIN THIRTY DAYS, OR IF A POLITICAL SUBDIVISION IS SCHE-
 DULED  TO  CONDUCT ANY ELECTION WITHIN ONE HUNDRED TWENTY DAYS, A PLAIN-
 TIFF ALLEGING ANY VIOLATION OF THIS TITLE MAY COMMENCE A JUDICIAL ACTION
 AGAINST A POLITICAL SUBDIVISION UNDER THIS SECTION,  PROVIDED  THAT  THE
 RELIEF  SOUGHT  BY SUCH A PLAINTIFF INCLUDES PRELIMINARY RELIEF FOR THAT
 ELECTION. PRIOR TO OR CONCURRENT WITH COMMENCING SUCH A JUDICIAL ACTION,
 ANY SUCH PLAINTIFF SHALL ALSO SUBMIT A NYVRA NOTIFICATION LETTER TO  THE
 POLITICAL  SUBDIVISION.  IF  A  JUDICIAL  ACTION  COMMENCED  UNDER  THIS
 PROVISION IS WITHDRAWN OR DISMISSED FOR MOOTNESS BECAUSE  THE  POLITICAL
 SUBDIVISION  HAS  ENACTED  OR  IMPLEMENTED  A REMEDY OR THE CIVIL RIGHTS
 BUREAU HAS GRANTED APPROVAL OF A NYVRA PROPOSAL PURSUANT  TO  A  PROCESS
 COMMENCED  BY  A  NYVRA NOTIFICATION LETTER, ANY SUCH PLAINTIFF MAY ONLY
 DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION.
   8. COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED  CLASSES
 MAY  FILE AN ACTION JOINTLY PURSUANT TO THIS CHAPTER IF THEY DEMONSTRATE
 THAT THE COMBINED VOTING PREFERENCES OF THE MULTIPLE  PROTECTED  CLASSES
 ARE POLARIZED AGAINST THE REST OF THE ELECTORATE.
   § 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 1. POLITICAL SUBDI-
 VISIONS REQUIRED TO PROVIDE LANGUAGE ASSISTANCE. A BOARD OF ELECTIONS OR
 A   POLITICAL  SUBDIVISION  THAT  ADMINISTERS  ELECTIONS  SHALL  PROVIDE
 LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS TO A LANGUAGE-MINOR-
 ITY GROUP IN A POLITICAL SUBDIVISION IF, BASED ON DATA FROM THE AMERICAN
 COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALITY COLLECTED  BY  A  PUBLIC
 OFFICE, THAT:
   (A) MORE THAN TWO PERCENT OF THE CITIZENS OF VOTING AGE OF A POLITICAL
 SUBDIVISION  ARE  MEMBERS  OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK
 ENGLISH "LESS THAN  VERY  WELL"  ACCORDING  TO  THE  AMERICAN  COMMUNITY
 SURVEY;
   (B)  MORE  THAN  FOUR  THOUSAND  OF THE CITIZENS OF VOTING AGE OF SUCH
 POLITICAL SUBDIVISION ARE MEMBERS OF A  SINGLE  LANGUAGE-MINORITY  GROUP
 S. 1046--C                         10
 
 AND SPEAK ENGLISH "LESS THAN VERY WELL" ACCORDING TO THE AMERICAN COMMU-
 NITY SURVEY; OR
   (C)  IN  THE  CASE OF A POLITICAL SUBDIVISION THAT CONTAINS ALL OR ANY
 PART OF A NATIVE AMERICAN RESERVATION, MORE  THAN  TWO  PERCENT  OF  THE
 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER-
 VATION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND SPEAK ENGLISH
 "LESS  THAN  VERY WELL" ACCORDING TO THE AMERICAN COMMUNITY SURVEY.  FOR
 THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERICAN" IS DEFINED TO  INCLUDE
 ANY PERSONS RECOGNIZED BY THE UNITED STATES CENSUS BUREAU OR NEW YORK AS
 "AMERICAN INDIAN" OR "ALASKA NATIVE".
   2.  LANGUAGE  ASSISTANCE  TO BE PROVIDED. WHEN IT IS DETERMINED THAT A
 BOARD OF ELECTIONS  OR  POLITICAL  SUBDIVISION  SHALL  PROVIDE  LANGUAGE
 ASSISTANCE  TO  A  PARTICULAR MINORITY GROUP, SUCH BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION SHALL PROVIDE  VOTING  MATERIALS  IN  THE  COVERED
 LANGUAGE OF AN EQUAL QUALITY OF THE CORRESPONDING ENGLISH LANGUAGE MATE-
 RIALS,  INCLUDING  REGISTRATION  OR VOTING NOTICES, FORMS, INSTRUCTIONS,
 ASSISTANCE, OR OTHER MATERIALS OR INFORMATION RELATING TO THE  ELECTORAL
 PROCESS,  INCLUDING  BALLOTS.    WHENEVER ANY SUCH BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION  PROVIDES  ANY  REGISTRATION  OR  VOTING  NOTICES,
 FORMS,  INSTRUCTIONS,  ASSISTANCE,  OR  OTHER  MATERIALS  OR INFORMATION
 RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED POLI-
 TICAL SUBDIVISION, IT SHALL PROVIDE THEM IN THE LANGUAGE OF THE APPLICA-
 BLE MINORITY GROUP AS WELL AS IN THE  ENGLISH  LANGUAGE,  PROVIDED  THAT
 WHERE THE LANGUAGE OF THE APPLICABLE MINORITY GROUP IS ORAL OR UNWRITTEN
 OR  IN THE CASE OF SOME AMERICAN INDIANS, IF THE PREDOMINANT LANGUAGE IS
 HISTORICALLY UNWRITTEN, THE BOARD OF ELECTIONS OR POLITICAL  SUBDIVISION
 IS  ONLY  REQUIRED  TO  FURNISH  ORAL INSTRUCTIONS, ASSISTANCE, OR OTHER
 INFORMATION RELATING TO REGISTRATION AND VOTING.
   3. ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING  MATERIALS.
 A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  THAT  SHALL PROVIDE
 LANGUAGE ASSISTANCE TO A  PARTICULAR  MINORITY  GROUP,  WHICH  SEEKS  TO
 PROVIDE  ENGLISH-ONLY MATERIALS MAY FILE AN ACTION AGAINST THE STATE FOR
 A DECLARATORY JUDGMENT PERMITTING SUCH PROVISION. THE COURT SHALL  GRANT
 THE REQUESTED RELIEF IF IT FINDS THAT THE DETERMINATION WAS UNREASONABLE
 OR AN ABUSE OF DISCRETION.
   4.  STANDING.  ANY  AGGRIEVED  PERSONS,  ORGANIZATION WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   § 17-210. PRECLEARANCE COMMISSION. 1. PRECLEARANCE COMMISSION.   THERE
 IS  HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT  OF LAW, A PRECLEARANCE
 COMMISSION. SUCH ENTITY SHALL BE RESPONSIBLE FOR  MAKING  DETERMINATIONS
 ON  PRECLEARANCE  AND OTHER MATTERS AS ENUMERATED UNDER THIS TITLE. SUCH
 DETERMINATIONS SHALL BE BASED UPON THE PROVISIONS OF THIS TITLE AND  THE
 RECOMMENDATIONS  OF THE CIVIL RIGHTS BUREAU. THIS COMMISSION SHALL HERE-
 INAFTER BE REFERRED TO AS THE "PRECLEARANCE COMMISSION" OR  "COMMISSION"
 IN  THIS  TITLE. THE COMMISSION SHALL OPERATE AND MAINTAIN A WEBSITE FOR
 POSTING PRECLEARANCE SUBMISSIONS AND DECISIONS TO ENSURE THAT  THEY  ARE
 ACCESSIBLE TO THE PUBLIC.
   2.  PRECLEARANCE  COMMISSION STRUCTURE AND MEMBERSHIP. (A) THE COMMIS-
 SION SHALL CONSIST OF THREE MEMBERS TO BE SELECTED AS SET FORTH IN  THIS
 SECTION  AND  SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH IN
 THIS TITLE.
 S. 1046--C                         11
 
   (B) THE GOVERNOR SHALL SELECT ONE MEMBER,  AND  THE  ATTORNEY  GENERAL
 SHALL SELECT ONE MEMBER. UPON THEIR SELECTION BOTH MEMBERS SHALL THEREIN
 JOINTLY SELECT ONE MEMBER TO SERVE ON SUCH COMMISSION.
   (C)  TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION AN INDIVID-
 UAL MUST:
   (I) BE A RESIDENT OF NEW YORK STATE;
   (II) HAVE DEMONSTRATED EXPERIENCE REPRESENTING OR WORKING ON BEHALF OF
 MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE;
   (III) HAVE EXPERIENCE WORKING WITH MEMBERS OF  PROTECTED  CLASSES,  AS
 DEFINED IN THIS TITLE, IN VOTING IN ELECTIONS IN THE STATE OF NEW YORK,
   (D)  NO  INDIVIDUAL  SHALL  BE  ELIGIBLE  TO  SERVE AS A MEMBER OF THE
 COMMISSION WHO:
   (I) IS CURRENTLY SERVING IN ANY ELECTED  GOVERNMENTAL  OFFICE  OR  HAS
 WITHIN THE LAST FIVE YEARS SERVED IN ANY ELECTED GOVERNMENTAL OFFICE;
   (II) IS CURRENTLY SERVING ON ANY BOARD OF ELECTIONS; OR
   (III)  IS  CURRENTLY  HOLDING  ANY  OFFICIAL  POSITION FOR A POLITICAL
 PARTY.
   (E) MEMBERS OF THE COMMISSION SHALL SERVE STAGGERED TERMS.  THE  FIRST
 MEMBER SHALL BE CHOSEN BY THE ATTORNEY GENERAL AND SHALL SERVE A TERM OF
 FIVE  YEARS, THE SECOND MEMBER SHALL BE CHOSEN BY THE GOVERNOR AND SHALL
 SERVE A TERM OF FOUR YEARS AND THE THIRD MEMBER CHOSEN BY THE FIRST  TWO
 MEMBERS  SHALL  SERVE  A TERM OF THREE YEARS.  ALL SUBSEQUENT MEMBERS OF
 THE COMMISSION SHALL BE SELECTED AND  APPOINTED  AS  DESCRIBED  IN  THIS
 SECTION  AND  SHALL  SERVE  A  TERM  OF  FIVE YEARS, UNLESS SELECTED AND
 APPOINTED TO COMPLETE A VACANT TERM.
   (F) THE COMMISSION BY A MAJORITY VOTE SHALL ELECT A  CHAIRPERSON  FROM
 AMONG  ITS  MEMBERS TO PRESIDE OVER ITS MEETINGS, OTHER PROCEEDINGS, AND
 VOTES. THE CHAIRPERSON SHALL SERVE A ONE YEAR TERM.
   (G) A MAJORITY OF THE MEMBERS OF THE COMMISSION, CONFERRING IN PERSON,
 TELEPHONICALLY, BY VIDEOCONFERENCE, OR BY OTHER MEANS AS AGREED  BY  THE
 COMMISSION, SHALL CONSTITUTE A QUORUM, AND THE COMMISSION SHALL HAVE THE
 POWER  TO  ACT  BY  MAJORITY  VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE
 COMMISSION WITHOUT VACANCY.
   (H) MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR  ALL  REASONABLE
 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (I)  MEMBERS  OF  THE  COMMISSION MAY BE REMOVED FOR CAUSE BY MAJORITY
 VOTE OF THE COMMISSION FOR SUBSTANTIAL NEGLECT OF  DUTY,  MISCONDUCT  IN
 OFFICE,  OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, AFTER
 WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY.
   (J) ANY VACANCY OCCURRING ON THE COMMISSION  SHALL  BE  FILLED  WITHIN
 THIRTY  DAYS OF ITS OCCURRENCE, BY THOSE WHO SELECTED THE MEMBER IN SUCH
 SEAT, TO COMPLETE THE VACANT TERM.
   (K) NOTHING IN THIS ARTICLE SHALL PREVENT  A  MEMBER  FROM  SERVING  A
 SECOND  CONSECUTIVE  TERM UNLESS SUCH PERSON HAS PREVIOUSLY BEEN REMOVED
 FOR CAUSE FROM SAID COMMISSION.
   § 17-212. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE  RIGHT  TO
 VOTE  IS  NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, OR LANGUAGE-
 MINORITY GROUP, AS A RESULT OF THE  ENACTMENT  OR  IMPLEMENTATION  OF  A
 COVERED POLICY, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, AFTER THE
 EFFECTIVE  DATE  OF  THIS  SECTION, THE ENACTMENT OR IMPLEMENTATION OF A
 COVERED POLICY BY A COVERED ENTITY, AS DEFINED IN SUBDIVISION  THREE  OF
 THIS  SECTION,  SHALL  BE  SUBJECT  TO  PRECLEARANCE BY THE CIVIL RIGHTS
 BUREAU OR BY A DESIGNATED COURT AS SET FORTH IN THIS SECTION.
   2. COVERED POLICIES. A "COVERED POLICY" SHALL INCLUDE ANY NEW OR MODI-
 FIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAN-
 S. 1046--C                         12
 
 DARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY CONCERNING ANY  OF  THE
 FOLLOWING TOPICS:
   (A) METHOD OF ELECTION;
   (B) FORM OF GOVERNMENT;
   (C) ANNEXATION OF A POLITICAL SUBDIVISION;
   (D) INCORPORATION OF A POLITICAL SUBDIVISION;
   (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS;
   (F)  REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE
 ACTIVITIES;
   (G) NUMBER, LOCATION, OR HOURS OF ANY ELECTION  DAY  OR  EARLY  VOTING
 POLL SITE;
   (H)  DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT
 TO SPECIAL ELECTIONS;
   (I) REGISTRATION OF VOTERS;
   (J) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR  EARLY  VOTING
 POLL SITES;
   (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND
   (L) THE CIVIL RIGHTS BUREAU MAY DESIGNATE ADDITIONAL TOPICS FOR INCLU-
 SION  IN THIS LIST PURSUANT TO A RULE PROMULGATED UNDER THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT, IF IT DETERMINES THAT A NEW OR MODIFIED  VOTING
 QUALIFICATION,  PREREQUISITE  TO VOTING, LAW, ORDINANCE, STANDARD, PRAC-
 TICE, PROCEDURE, REGULATION, OR POLICY CONCERNING SUCH TOPICS  MAY  HAVE
 THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE,
 COLOR, OR LANGUAGE-MINORITY GROUP.
   3. COVERED ENTITY. A "COVERED ENTITY" SHALL INCLUDE: (A) ANY POLITICAL
 SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS TWENTY-FIVE YEARS, HAS BECOME
 SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT ACTION BASED  UPON  A
 FINDING  OF  ANY VIOLATION OF THIS TITLE, THE FEDERAL VOTING RIGHTS ACT,
 THE FIFTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, OR A  VOTING-
 RELATED  VIOLATION  OF  THE  FOURTEENTH  AMENDMENT  TO THE UNITED STATES
 CONSTITUTION; (B) ANY POLITICAL SUBDIVISION WHICH, WITHIN  THE  PREVIOUS
 TWENTY-FIVE  YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR
 GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION  OF
 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE
 UNITED  STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF
 A PROTECTED CLASS; (C) ANY COUNTY IN WHICH, BASED ON  DATA  PROVIDED  BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMBINED MISDEMEANOR AND
 FELONY ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS  CONSISTING  OF  AT
 LEAST  TEN  THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT
 LEAST TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION  OF  THE  COUNTY,
 EXCEEDS THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI-
 ZEN  VOTING  AGE  POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY
 PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) ANY POLITICAL
 SUBDIVISION IN WHICH, BASED ON DATA MADE AVAILABLE BY THE UNITED  STATES
 CENSUS,  THE DISSIMILARITY INDEX OF ANY PROTECTED CLASS CONSISTING OF AT
 LEAST TWENTY-FIVE THOUSAND CITIZENS  OF  VOTING  AGE  OR  WHOSE  MEMBERS
 COMPRISE  AT  LEAST  TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION OF
 THE POLITICAL SUBDIVISION, IS IN EXCESS OF FIFTY WITH  RESPECT  TO  NON-
 HISPANIC  WHITE  CITIZENS OF VOTING AGE WITHIN THE POLITICAL SUBDIVISION
 AT ANY POINT WITHIN THE PREVIOUS TEN YEARS. IF ANY COVERED ENTITY  IS  A
 POLITICAL  SUBDIVISION  IN  WHICH  A  BOARD OF ELECTIONS HAS BEEN ESTAB-
 LISHED, THAT BOARD OF ELECTIONS SHALL ALSO BE DEEMED A  COVERED  ENTITY.
 IF  ANY  POLITICAL  SUBDIVISION  IN  WHICH A BOARD OF ELECTIONS HAS BEEN
 ESTABLISHED CONTAINS A COVERED ENTITY FULLY  WITHIN  ITS  BORDERS,  THAT
 POLITICAL SUBDIVISION AND THAT BOARD OF ELECTIONS SHALL BOTH BE DEEMED A
 COVERED ENTITY.
 S. 1046--C                         13
 
   4.  PRECLEARANCE  BY THE ATTORNEY GENERAL AND THE PRECLEARANCE COMMIS-
 SION. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY FROM
 THE PRECLEARANCE COMMISSION PURSUANT TO THE FOLLOWING PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE PRECLEARANCE COMMISSION AND THE CIVIL RIGHTS BUREAU. IF THE  COVERED
 ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL CONTEMPORANEOUS-
 LY PROVIDE A COPY OF THE COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B)  UPON  SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS
 PRACTICABLE BUT NO LATER THAN WITHIN  TEN  DAYS,  THE  COMMISSION  SHALL
 PUBLISH THE SUBMISSION ON ITS WEBSITE.
   (C)  AFTER  PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY
 FOR MEMBERS OF THE PUBLIC TO COMMENT ON  THE  SUBMISSION  TO  THE  CIVIL
 RIGHTS  BUREAU  WITHIN  THE  TIME PERIODS SET FORTH BELOW. TO FACILITATE
 PUBLIC COMMENT, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR  MEMBERS
 OF  THE  PUBLIC  TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING
 SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE.
   (D) UPON SUBMISSION OF A COVERED POLICY FOR  PRECLEARANCE,  THE  CIVIL
 RIGHTS  BUREAU  SHALL  REVIEW  THE SUBMISSION AND SHALL, WITHIN THE TIME
 PERIODS SET FORTH BELOW, PROVIDE A  REPORT  AND  RECOMMENDATION  TO  THE
 COMMISSION,  WHICH  SHALL  INCLUDE A RECOMMENDATION AS TO WHETHER, UNDER
 THIS TITLE, PRECLEARANCE SHOULD BE GRANTED  OR  DENIED  TO  THE  COVERED
 POLICY.  SUCH TIME PERIOD SHALL RUN CONCURRENT WITH THE TIME PERIODS FOR
 PUBLIC COMMENT.  THE CIVIL RIGHTS BUREAU MAY NOT SUBMIT ITS  REPORT  AND
 RECOMMENDATION  UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL
 RIGHTS BUREAU MAY REQUEST MORE INFORMATION FROM A  JURISDICTION  SUBMIT-
 TING A COVERED POLICY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING
 ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASON-
 ABLE  REQUESTS  FOR  MORE  INFORMATION  MAY BE GROUNDS FOR THE DENIAL OF
 PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND RECOMMENDATION SHALL
 BE POSTED PUBLICLY ON THE  PRECLEARANCE  COMMISSION'S  WEBSITE  PROMPTLY
 AFTER  THEY  ARE  RECEIVED  BY THE COMMISSION.   PROVIDED, HOWEVER, SUCH
 COMMUNICATIONS BETWEEN THE CIVIL RIGHTS BUREAU AND THE COMMISSION OR ITS
 MEMBERS OTHER THAN THE CIVIL RIGHTS BUREAU'S REPORT  AND  RECOMMENDATION
 SHALL  BE  EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW.  THE CIVIL RIGHTS BUREAU MAY INSTEAD OPT TO GRANT OR  DENY
 PRECLEARANCE  DIRECTLY  WITHOUT  SENDING A RECOMMENDATION TO THE COMMIS-
 SION.
   (E) UPON RECEIPT OF THE CIVIL RIGHTS BUREAU'S REPORT  AND  RECOMMENDA-
 TION   REGARDING  A  COVERED  POLICY  SUBMITTED  FOR  PRECLEARANCE,  THE
 PRECLEARANCE COMMISSION SHALL  REVIEW  THE  COVERED  POLICY,  THE  CIVIL
 RIGHTS  BUREAU'S  REPORT AND RECOMMENDATION, AND ANY PUBLIC COMMENT, AND
 SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, DENY OR GRANT  PRECLEAR-
 ANCE.  IN DETERMINING WHETHER TO DENY OR GRANT PRECLEARANCE, THE COMMIS-
 SION SHALL GIVE DEFERENCE TO THE CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION
 UNDER  AN "ARBITRARY AND CAPRICIOUS" STANDARD OF REVIEW. IN ANY DETERMI-
 NATION AS TO PRECLEARANCE, THE  COMMISSION  SHALL  IDENTIFY  IN  WRITING
 WHETHER IT IS APPROVING OR REJECTING THE CIVIL RIGHTS BUREAU'S RECOMMEN-
 DATION.  IF  THE PRECLEARANCE COMMISSION GRANTS PRECLEARANCE, IT MAY, IN
 ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY"  IN  WHICH  CASE
 THE  COMMISSION  MAY  DENY  PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE
 RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (I) THE COMMISSION SHALL GRANT PRECLEARANCE  ONLY  IF  IT  DETERMINES,
 UPON  REVIEW  OF  THE  CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION, THAT THE
 COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS  MEMBERS
 TO  PARTICIPATE  IN  THE  POLITICAL PROCESS AND TO ELECT THEIR PREFERRED
 S. 1046--C                         14
 
 CANDIDATES TO OFFICE. IF THE COMMISSION GRANTS PRECLEARANCE, THE COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (II)  IF  THE  COMMISSION  DENIES  PRECLEARANCE,  THE COMMISSION SHALL
 INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED  POLICY  SHALL
 NOT BE ENACTED OR IMPLEMENTED.
   (III)  IF THE COMMISSION FAILS TO RESPOND WITHIN THE TIME FOR RESPONSE
 AS ESTABLISHED IN THIS SECTION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION
 ON THE COVERED POLICY SHALL GOVERN.
   (IV) IF THE COMMISSION'S MEMBERSHIP FALLS BELOW A QUORUM AT ANY  TIME,
 OR  DURING ANY TIME PERIOD THAT MAY ELAPSE BETWEEN THE EFFECTIVE DATE OF
 THIS SECTION AND THE ESTABLISHMENT OF A QUORUM ON  THE  COMMISSION,  THE
 CIVIL  RIGHTS  BUREAU'S RECOMMENDATION AS TO WHETHER PRECLEARANCE SHOULD
 BE GRANTED OR DENIED SHALL HAVE THE FORCE OF FINAL PRECLEARANCE DETERMI-
 NATION UNTIL THE COMMISSION'S QUORUM IS ESTABLISHED OR RESTORED.
   (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS  BUREAU  REVIEW,
 AND  THE  DECISION  OF  THE  COMMISSION TO GRANT OR DENY PRECLEARANCE ON
 SUBMISSION SHALL BE AS FOLLOWS:
   (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION  OF
 POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH-
 ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL
 BE  FIVE  BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT
 AND RECOMMENDATION TO THE  COMMISSION  WITHIN  TEN  DAYS  FOLLOWING  THE
 RECEIPT  OF  SUCH  SUBMISSION  AND  A SINGLE COMMISSIONER, ASSIGNED ON A
 ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL  RIGHTS  BUREAU'S
 RECOMMENDATION,  AND  ANY  PUBLIC COMMENT. WITHIN FIVE DAYS SUCH COMMIS-
 SIONER SHALL, EITHER:  (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDA-
 TION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS  BUREAU'S  RECOM-
 MENDATION  TO  THE  FULL  COMMISSION  FOR  A DETERMINATION AS TO WHETHER
 PRECLEARANCE SHALL BE DENIED OR GRANTED.
   (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE
 AN EXTENSION OF UP TO TWENTY DAYS TO SUBMIT ITS REPORT  AND  RECOMMENDA-
 TION  TO  THE COMMISSION.  IF THE COMMISSIONER INITIALLY ASSIGNED REFERS
 THE SUBMISSION AND THE  CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION  TO  THE
 COMMISSION  FOR  A  DETERMINATION,  THE  COMMISSION  SHALL DENY OR GRANT
 PRECLEARANCE WITHIN FIVE DAYS FROM THE DATE OF REFERRAL.
   (III) FOR ANY OTHER COVERED POLICY,  THE  PERIOD  FOR  PUBLIC  COMMENT
 SHALL  BE  TEN  BUSINESS  DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS
 REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN  FORTY  DAYS,  AND  A
 SINGLE  COMMISSIONER,  ASSIGNED  ON  A  ROTATING BASIS, SHALL REVIEW THE
 SUBMISSION, THE CIVIL RIGHTS BUREAU'S  RECOMMENDATION,  AND  ANY  PUBLIC
 COMMENT,  AND  SHALL,  WITHIN  FIVE  DAYS, EITHER: (A) APPROVE THE CIVIL
 RIGHTS BUREAU'S RECOMMENDATION; OR (B)  REFER  THE  SUBMISSION  AND  THE
 CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION TO THE COMMISSION FOR A DETERMI-
 NATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED  OR  GRANTED.  IF  THE
 COMMISSIONER  INITIALLY  ASSIGNED  REFERS  THE  SUBMISSION AND THE CIVIL
 RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION  FOR  A  DETERMINATION,
 THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN TEN DAYS FROM THE
 DATE  OF  REFERRAL.  IN  CONSULTATION  WITH THE CIVIL RIGHTS BUREAU, THE
 COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH.
   (IV) THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE  RULES
 FOR  AN  EXPEDITED,  EMERGENCY  PRECLEARANCE  PROCESS  IN THE EVENT OF A
 COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A
 RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP-
 TER OR OTHER EXIGENT CIRCUMSTANCES.  ANY PRECLEARANCE GRANTED UNDER THIS
 PROVISION SHALL BE DESIGNATED "PRELIMINARY" AND THE COMMISSION MAY  DENY
 PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED POLICY.
 S. 1046--C                         15
 
   (G)  APPEAL  OF ANY DENIAL BY THE PRECLEARANCE COMMISSION MAY BE HEARD
 IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF  ALBANY
 IN  A  PROCEEDING  COMMENCED AGAINST THE COMMISSION, PURSUANT TO ARTICLE
 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FROM WHICH APPEAL MAY
 BE  TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE PROCEDURE. DUE TO
 THE FREQUENCY AND URGENCY OF ELECTIONS, ACTIONS BROUGHT PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND
 RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON APPEAL.
   5. PRECLEARANCE BY A DESIGNATED COURT. A  COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM A COURT PURSUANT TO THE FOLLOWING
 PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE FOLLOWING DESIGNATED COURT IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH
 THE  COVERED  ENTITY IS LOCATED: (I) FIRST JUDICIAL DEPARTMENT: NEW YORK
 COUNTY; (II) SECOND JUDICIAL  DEPARTMENT:    WESTCHESTER  COUNTY;  (III)
 THIRD  JUDICIAL  DEPARTMENT:  ALBANY  COUNTY;  AND  (IV) FOURTH JUDICIAL
 DEPARTMENT: ERIE COUNTY.   IF THE COVERED ENTITY IS  A  COUNTY  OR  CITY
 BOARD  OF  ELECTIONS,  IT  SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF THE
 COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B) THE COVERED ENTITY SHALL CONTEMPORANEOUSLY PROVIDE A COPY  OF  THE
 COVERED  POLICY  TO  THE CIVIL RIGHTS BUREAU. THE FAILURE OF THE COVERED
 ENTITY TO PROVIDE A COPY OF THE  COVERED  POLICY  TO  THE  CIVIL  RIGHTS
 BUREAU WILL RESULT IN AN AUTOMATIC DENIAL OF PRECLEARANCE.
   (C)  THE  COURT  SHALL  GRANT  OR  DENY PRECLEARANCE WITHIN SIXTY DAYS
 FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (D) THE COURT SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES THAT  THE
 COVERED  POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS
 TO PARTICIPATE IN THE POLITICAL PROCESS AND  TO  ELECT  THEIR  PREFERRED
 CANDIDATES  TO  OFFICE.  IF  THE  COURT GRANTS PRECLEARANCE, THE COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (E) IF THE COURT DENIES PRECLEARANCE, OR FAILS TO RESPOND WITHIN SIXTY
 DAYS, THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (F) APPEAL OF ANY DENIAL MAY BE TAKEN ACCORDING TO THE ORDINARY  RULES
 OF  APPELLATE  PROCEDURE. DUE TO THE FREQUENCY AND URGENCY OF ELECTIONS,
 ACTIONS BROUGHT PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO  EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE ON APPEAL.
   6.  PRECLEARANCE  BY  PUBLIC  NOTICE AND COMMENT. A COVERED ENTITY MAY
 OBTAIN PRECLEARANCE FOR A COVERED POLICY THROUGH THE  USE  OF  A  PUBLIC
 NOTICE AND COMMENT PERIOD PURSUANT TO THE FOLLOWING PROCESS:
   (A)  PRIOR  TO  ENACTING OR SEEKING TO ADMINISTER ANY COVERED POLICIES
 UNDER SUBDIVISION TWO OF THIS SECTION THE COVERED ENTITY  SHALL  PUBLISH
 THE  PROPOSED  COVERED POLICY CHANGE ON ITS OFFICIAL WEBSITE, ALONG WITH
 AN EXPLANATION FOR HOW THE CHANGE WOULD  NOT  DIMINISH  THE  ABILITY  OF
 PROTECTED  CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS  AND TO
 ELECT THEIR PREFERRED CANDIDATES TO OFFICE, AND PUBLISH  GENERAL  NOTICE
 OF  OPPORTUNITY FOR PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. THE
 COVERED ENTITY SHALL ALSO PUBLICIZE THE NOTICE  THROUGH  PRESS  RELEASES
 AND  SUCH  OTHER MEDIA. THE COVERED ENTITY SHALL NOTIFY THE CIVIL RIGHTS
 BUREAU AND THE PRECLEARANCE COMMISSION OF ITS INTENT TO USE  THE  NOTICE
 AND COMMENT PROCESS TO PRECLEAR A PROPOSED CHANGE.
   (B)  SUCH  NOTICE SHALL BE MADE AT LEAST FORTY-FIVE DAYS IN ADVANCE OF
 THE LAST DATE PRESCRIBED IN THE NOTICE FOR PUBLIC COMMENT.
   (C) PUBLIC COMMENT SHALL BE ACCEPTED FOR A PERIOD  OF  NO  FEWER  THAN
 THIRTY  DAYS. DURING THIS PERIOD, THE COVERED ENTITY SHALL AFFORD INTER-
 ESTED PERSONS AN OPPORTUNITY TO SUBMIT DATA,  VIEWS,  AND  ARGUMENTS  IN
 S. 1046--C                         16
 
 WRITING  BY  MAIL,  FAX,  OR  EMAIL, OR THROUGH AN ONLINE PUBLIC COMMENT
 PORTAL ON THE OFFICIAL WEBSITE FOR THE LOCALITY IF ONE HAS  BEEN  ESTAB-
 LISHED.
   (D)  THE  COVERED  ENTITY  SHALL  CONDUCT  AT LEAST ONE PUBLIC HEARING
 DURING THIS PERIOD TO RECEIVE PUBLIC COMMENT  ON  THE  PROPOSED  COVERED
 PRACTICE.
   (E)  THE COVERED ENTITY MAY MAKE CHANGES TO THE PROPOSED COVERED PRAC-
 TICE IN RESPONSE TO PUBLIC COMMENT RECEIVED. IN DOING  SO,  THE  REVISED
 COVERED PRACTICE SHALL BE PUBLISHED AND PUBLIC COMMENT SHALL BE ACCEPTED
 IN  ACCORDANCE  WITH  THIS  SUBSECTION, EXCEPT THE PUBLIC COMMENT PERIOD
 SHALL BE NO FEWER THAN FIFTEEN DAYS.
   (F) FOLLOWING THE PUBLIC COMMENT PERIOD  OR  PERIODS  PRESCRIBED,  THE
 COVERED  ENTITY  SHALL  PUBLISH  THE FINAL COVERED PRACTICE, WHICH SHALL
 INCLUDE A PLAIN ENGLISH DESCRIPTION OF THE PRACTICE AND THE TEXT  OF  AN
 ORDINANCE IF APPLICABLE, GIVING EFFECT TO THE PRACTICE, MAPS OF PROPOSED
 BOUNDARY  CHANGES,  OR  OTHER  RELEVANT  MATERIALS,  AND NOTICE THAT THE
 COVERED PRACTICE WILL TAKE EFFECT IN THIRTY DAYS.
   (G) DURING THIS THIRTY-DAY WAITING PERIOD,  ANY  PERSON  WHO  WILL  BE
 SUBJECT  TO,  OR AFFECTED BY, THE COVERED PRACTICE MAY CHALLENGE, IN THE
 SUPREME COURT OF THE LOCALITY WHERE THE COVERED PRACTICE IS TO BE IMPLE-
 MENTED, THE COVERED PRACTICE AS HAVING THE PURPOSE OR EFFECT  OF  DIMIN-
 ISHING  THE  ABILITY  OF  PROTECTED  CLASS MEMBERS TO PARTICIPATE IN THE
 POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.
   (H) THE PRECLEARANCE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY  ASSERT
 JURISDICTION  OVER  THE  PROPOSED  CHANGE  UPON  RECEIVING NOTICE OF THE
 COVERED ENTITY'S INTENT TO USE THE NOTICE AND COMMENT PROCESS  ANY  TIME
 BEFORE  THE  CLOSE  OF  THE PUBLIC COMMENT PERIOD.   A SINGLE MEMBER MAY
 ASSERT JURISDICTION.
   7. FAILURE TO SEEK OR  OBTAIN  PRECLEARANCE.  IF  ANY  COVERED  ENTITY
 ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY  WITHOUT SEEKING PRECLEARANCE
 PURSUANT TO THIS SECTION, OR  ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY
 NOTWITHSTANDING  THE  DENIAL  OF  PRECLEARANCE,  EITHER THE CIVIL RIGHTS
 BUREAU OR ANY OTHER PARTY WITH STANDING TO BRING AN  ACTION  UNDER  THIS
 TITLE MAY BRING AN ACTION TO ENJOIN THE COVERED POLICY AND TO SEEK SANC-
 TIONS AGAINST THE POLITICAL SUBDIVISION AND OFFICIALS IN VIOLATION.
   8. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN-
 NING  ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION OR THE CIVIL
 RIGHTS BUREAU MAY, IN ITS DISCRETION,  INITIATE  A  LOOKBACK  REVIEW  IN
 WHICH  IT  MAY  DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN
 PREVIOUSLY ENACTED BY COVERED JURISDICTIONS.
   (B) THE COMMISSION OR CIVIL RIGHTS BUREAU MAY ONLY INITIATE A LOOKBACK
 REVIEW OF COVERED POLICIES THAT WERE ENACTED OR IMPLEMENTED BY A COVERED
 JURISDICTION ON OR AFTER THE DATE ON WHICH THIS TITLE TAKES  EFFECT  AND
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   (C)  IN  ORDER  TO INITIATE A LOOKBACK REVIEW, THE COMMISSION OR CIVIL
 RIGHTS BUREAU MUST PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO
 REVIEW A COVERED POLICY ENACTED OR IMPLEMENTED BY THAT  COVERED  ENTITY.
 UPON RECEIPT OF SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED
 POLICY  IN WRITING TO THE PRECLEARANCE COMMISSION OR CIVIL RIGHTS BUREAU
 WITHIN THIRTY DAYS.
   (D) UPON RECEIPT OF A COVERED POLICY FOR LOOKBACK REVIEW, THE  COMMIS-
 SION OR CIVIL RIGHTS BUREAU SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE.
 THE  SCHEDULE AND PROCEDURES FOR RECEIVING PUBLIC COMMENT AND EVALUATING
 A SUBMISSION THROUGH LOOKBACK REVIEW  SHALL  REFLECT  THE  SCHEDULE  AND
 PROCEDURES  PROVIDED  BY  PARAGRAPH  (F)  OF  SUBDIVISION  FOUR  OF THIS
 S. 1046--C                         17
 
 SECTION, BASED ON THE  TYPE  OF  POLICY  THAT  IS  THE  SUBJECT  OF  THE
 SUBMISSION.
   9.  RULES AND REGULATIONS. THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH
 RULES AND REGULATIONS PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT
 AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 17-214. RIGHT OF ACTION AGAINST  VOTER  INTIMIDATION,  DECEPTION  OR
 OBSTRUCTION.  1.  (A)  NO  PERSON,  WHETHER ACTING UNDER COLOR OF LAW OR
 OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION
 THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I) ESTABLISHED IF A PERSON  USES  OR  THREATENS  TO  USE  ANY  FORCE,
 VIOLENCE,  RESTRAINT,  ABDUCTION  OR DURESS, OR INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  THAT  CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF
 CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR  FOR  OR
 AGAINST  ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT-
 TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM  PLACING  THEIR
 NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING
 AN ABSENTEE BALLOT; OR
   (II)  ESTABLISHED  IF A PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDU-
 LENT DEVICE, CONTRIVANCE OR COMMUNICATION,  THAT  IMPEDES,  PREVENTS  OR
 OTHERWISE INTERFERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY
 ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING
 ANY  PERSON  TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST
 ANY PARTICULAR PERSON OR FOR OR AGAINST  ANY  PROPOSITION  SUBMITTED  TO
 VOTERS  AT  SUCH  ELECTION;  TO PLACE OR REFRAIN FROM PLACING THEIR NAME
 UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM  REQUESTING  AN
 ABSENTEE BALLOT; OR
   (III)  ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER-
 FERES  WITH  ACCESS  TO  ANY  POLLING  PLACE  OR  ELECTIONS  OFFICE,  OR
 OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER
 THAT  CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN
 VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF
 BALLOTS.
   2. STANDING. ANY  AGGRIEVED  PERSONS,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES  OR  IS LIKELY TO INCLUDE AGGRIEVED PERSONS, ORGANIZATION WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A  RESULT
 OF  A  VIOLATION  OF  THIS  SECTION, OR THE ATTORNEY GENERAL MAY FILE AN
 ACTION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF  THE  COUNTY  IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   3.  REMEDIES.  UPON  A FINDING OF A VIOLATION OF ANY PROVISION OF THIS
 SECTION,  THE  COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING
 FOR ADDITIONAL TIME TO CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION
 AT  ISSUE.  THIS  TITLE  GIVES THE COURT AUTHORITY TO IMPLEMENT REMEDIES
 NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, INCLUDING ANY
 OTHER STATE OR LOCAL LAW.  ANY  PARTY  WHO  SHALL  VIOLATE  ANY  OF  THE
 PROVISIONS  OF  THE  FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF
 ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY
 FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND  COMPENSA-
 TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION.
   § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION
 TO  ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE
 THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS  AND  TO  ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
 S. 1046--C                         18
 
   § 17-218. EXPEDITED   JUDICIAL  PROCEEDINGS  AND  PRELIMINARY  RELIEF.
 BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE-
 PARABLE HARM OF HOLDING ELECTIONS UNDER  UNLAWFUL  CONDITIONS,  AND  THE
 EXPENDITURE  TO  DEFEND  POTENTIALLY  UNLAWFUL  CONDITIONS  THAT BENEFIT
 INCUMBENT  OFFICIALS,  ACTIONS  BROUGHT  PURSUANT TO THIS TITLE SHALL BE
 SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO-
 MATIC CALENDAR PREFERENCE. IN ANY ACTION ALLEGING A  VIOLATION  OF  THIS
 SECTION IN WHICH A PLAINTIFF PARTY SEEKS PRELIMINARY RELIEF WITH RESPECT
 TO  AN  UPCOMING ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES
 THAT:  (A) PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS;
 AND (B) IT IS POSSIBLE TO IMPLEMENT AN  APPROPRIATE  REMEDY  THAT  WOULD
 RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   § 17-220. ATTORNEYS'  FEES.  IN ANY ACTION TO ENFORCE ANY PROVISION OF
 THIS TITLE, THE COURT SHALL ALLOW THE PREVAILING PLAINTIFF PARTY,  OTHER
 THAN THE STATE OR POLITICAL SUBDIVISION THEREOF, A REASONABLE ATTORNEYS'
 FEE,  LITIGATION  EXPENSES INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS
 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL  BE  DEEMED  TO
 HAVE  PREVAILED  WHEN,  AS  A  RESULT OF LITIGATION, THE DEFENDANT PARTY
 YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT.  PREVAILING DEFEND-
 ANT PARTIES SHALL NOT RECOVER ANY COSTS,  UNLESS  THE  COURT  FINDS  THE
 ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION.
   § 17-222. APPLICABILITY.  THE  PROVISIONS OF THIS TITLE SHALL APPLY TO
 ALL ELECTIONS FOR ANY ELECTED OFFICE  OR  ELECTORAL  CHOICE  WITHIN  THE
 STATE  OR  ANY POLITICAL SUBDIVISION. THE PROVISIONS OF THIS TITLE SHALL
 APPLY NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  INCLUDING  ANY  OTHER
 STATE LAW OR LOCAL LAW.
   § 17-224. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR ITS APPLICA-
 TION  TO  ANY  PERSON,  POLITICAL  SUBDIVISION,  OR CIRCUMSTANCE IS HELD
 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER  PROVISIONS  OR  APPLICA-
 TIONS  OF  THIS  TITLE  WHICH  CAN  BE  GIVEN EFFECT WITHOUT THE INVALID
 PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF  THIS  TITLE
 ARE SEVERABLE.
   §  5.  This act shall take effect immediately; provided, however, that
 paragraph (c) of subdivision seven of section 17-206 of the election law
 as added by section four of this act shall take effect one year after it
 shall have become a law; and provided  further,  however,  that  section
 17-208  of  the  election law as added by section four of this act shall
 take effect three years after it shall have become a law;  and  provided
 further,  however,  that section 17-212 of the election law, as added by
 section four of this act, shall take effect one year after the  attorney
 general certifies that the office of the attorney general is prepared to
 execute  the  duties  assigned in section four of this act, if after the
 expiration of one year the attorney general requires more time to certi-
 fy that the office of the attorney general is prepared  to  execute  the
 duties  assigned in section four of this act, the attorney general, may,
 for good cause shown, apply to the governor for  such  an  extension  of
 time.  The  governor  may  grant  or deny an extension of up to one year
 according to his or her discretion. The attorney  general  shall  notify
 the  legislative  bill  drafting  commission  upon the occurrence of the
 enactment of the legislation provided for in section four of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1046--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
   CLEARE,  COMRIE,  COONEY,  FELDER,  GAUGHRAN,   GIANARIS,   GOUNARDES,
   HINCHEY,  HOYLMAN,  JACKSON,  KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU,
   MANNION, MAY, MAYER, PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR,
   SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  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  --  reported  favorably  from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  favorably  from said committee and committed to the
   Committee on Rules --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the election law, in relation to establishing the John
   R. Lewis Voting Rights Act of New York, establishing rights of  action
   for  denying  or  abridging  of the right of any member of a protected
   class to  vote,  providing  assistance  to  language-minority  groups,
   requiring  certain  political subdivisions to receive preclearance for
   potential violations of the NYVRA, and creating  civil  liability  for
   voter intimidation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "John  R.
 Lewis Voting Rights Act of New York (NYVRA)".
   §  2. Sections 17-100 through 17-170 of article 17 of the election law
 are designated title 1 and a new title  heading  is  added  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02423-19-2
 S. 1046--D                          2
              

 
                   VIOLATIONS OF THE ELECTIVE FRANCHISE
 
   §  3. The article heading of article 17 of the election law is amended
 to read as follows:
 
             [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
 
   § 4. Article 17 of the election law is amended by adding a new title 2
 to read as follows:
                                  TITLE 2
                JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY.
         17-202. INTERPRETATION OF LAWS RELATED TO ELECTIVE FRANCHISE.
         17-204. DEFINITIONS.
         17-206. RIGHTS OF ACTION.
         17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS.
         17-210. PRECLEARANCE COMMISSION.
         17-212. PRECLEARANCE.
         17-214. RIGHT OF ACTION AGAINST VOTER INTIMIDATION, DECEPTION OR
                   OBSTRUCTION.
         17-216. AUTHORITY TO ISSUE SUBPOENAS.
         17-218. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF.
         17-220. ATTORNEYS' FEES.
         17-222. APPLICABILITY.
         17-224. SEVERABILITY.
   § 17-200. LEGISLATIVE PURPOSE AND STATEMENT  OF  PUBLIC  POLICY.    IN
 RECOGNITION  OF  THE  PROTECTIONS  FOR THE RIGHT TO VOTE PROVIDED BY THE
 CONSTITUTION OF THE STATE OF NEW YORK, WHICH  SUBSTANTIALLY  EXCEED  THE
 PROTECTIONS  FOR  THE  RIGHT TO VOTE PROVIDED BY THE CONSTITUTION OF THE
 UNITED STATES, AND IN CONJUNCTION WITH THE CONSTITUTIONAL GUARANTEES  OF
 EQUAL  PROTECTION,  FREEDOM  OF  EXPRESSION,  AND FREEDOM OF ASSOCIATION
 UNDER THE LAW AND AGAINST THE DENIAL OR ABRIDGEMENT OF THE VOTING RIGHTS
 OF MEMBERS OF A RACE, COLOR,  OR  LANGUAGE-MINORITY  GROUP,  IT  IS  THE
 PUBLIC POLICY OF THE STATE OF NEW YORK TO:
   1.  ENCOURAGE  PARTICIPATION IN THE ELECTIVE FRANCHISE BY ALL ELIGIBLE
 VOTERS TO THE MAXIMUM EXTENT; AND
   2. ENSURE THAT ELIGIBLE VOTERS WHO ARE MEMBERS OF RACIAL,  COLOR,  AND
 LANGUAGE-MINORITY  GROUPS SHALL HAVE AN EQUAL OPPORTUNITY TO PARTICIPATE
 IN THE POLITICAL PROCESSES OF THE STATE OF NEW YORK, AND  ESPECIALLY  TO
 EXERCISE THE ELECTIVE FRANCHISE.
   § 17-202. INTERPRETATION  OF  LAWS  RELATED TO ELECTIVE FRANCHISE.  IN
 FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED BY
 THE CONSTITUTION OF THE STATE OF NEW YORK,  STATUTES,  RULES  AND  REGU-
 LATIONS,  AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRANCHISE
 SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A)  PROTECTING  THE  RIGHT  TO
 CAST  AN  EFFECTIVE  BALLOT;  (B)  ENSURING THAT ELIGIBLE VOTERS ARE NOT
 IMPAIRED IN REGISTERING TO VOTE OR VOTING INCLUDING HAVING  THEIR  VOTES
 COUNTED,  AND  (C) ENSURING EQUITABLE ACCESS WITH REGARD TO RACE, COLOR,
 AND LANGUAGE-MINORITY GROUPS TO OPPORTUNITIES TO REGISTER TO VOTE AND TO
 VOTE.  THE AUTHORITY TO PRESCRIBE OR MAINTAIN VOTING OR ELECTIONS  POLI-
 CIES  AND  PRACTICES  CANNOT BE SO EXERCISED AS TO UNNECESSARILY DENY OR
 ABRIDGE THE RIGHT TO VOTE.  POLICIES AND PRACTICES THAT BURDEN THE RIGHT
 TO VOTE MUST BE NARROWLY TAILORED TO PROMOTE A COMPELLING POLICY  JUSTI-
 FICATION THAT MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE.
   § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
 S. 1046--D                          3
 
   1. "AT-LARGE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS TO
 THE  GOVERNING  BODY OF A POLITICAL SUBDIVISION: (A) IN WHICH ALL OF THE
 VOTERS OF THE ENTIRE POLITICAL SUBDIVISION ELECT EACH OF THE MEMBERS  TO
 THE  GOVERNING  BODY; (B) IN WHICH THE CANDIDATES ARE REQUIRED TO RESIDE
 WITHIN GIVEN AREAS OF THE POLITICAL SUBDIVISION AND ALL OF THE VOTERS OF
 THE  ENTIRE  POLITICAL  SUBDIVISION  ELECT  EACH  OF  THE MEMBERS TO THE
 GOVERNING BODY; OR (C) THAT COMBINES AT-LARGE ELECTIONS  WITH  DISTRICT-
 BASED ELECTIONS, UNLESS THE ONLY MEMBER OF THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION ELECTED AT-LARGE HOLDS EXCLUSIVELY EXECUTIVE RESPONSI-
 BILITIES.  AT-LARGE  METHOD  OF  ELECTION DOES NOT INCLUDE RANKED-CHOICE
 VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   2. "DISTRICT-BASED" METHOD OF ELECTION  MEANS  A  METHOD  OF  ELECTING
 MEMBERS  TO  THE  GOVERNING  BODY  OF  A  POLITICAL  SUBDIVISION USING A
 DISTRICTING OR REDISTRICTING PLAN IN WHICH EACH MEMBER OF THE  GOVERNING
 BODY  RESIDES  WITHIN A DISTRICT OR WARD THAT IS A DIVISIBLE PART OF THE
 POLITICAL SUBDIVISION AND IS ELECTED ONLY BY VOTERS RESIDING WITHIN THAT
 DISTRICT OR WARD, EXCEPT FOR A MEMBER OF THE GOVERNING BODY  THAT  HOLDS
 EXCLUSIVELY EXECUTIVE RESPONSIBILITIES.
   3. "ALTERNATIVE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS
 TO  THE  GOVERNING  BODY OF A POLITICAL SUBDIVISION USING A METHOD OTHER
 THAN AT-LARGE OR DISTRICT-BASED, INCLUDING, BUT NOT LIMITED TO,  RANKED-
 CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   4.  "POLITICAL  SUBDIVISION" MEANS A GEOGRAPHIC AREA OF REPRESENTATION
 CREATED FOR THE PROVISION OF GOVERNMENT  SERVICES,  INCLUDING,  BUT  NOT
 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER
 DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   5.  "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS
 OF A RACE, COLOR, OR LANGUAGE-MINORITY GROUP, AS REFERENCED AND  DEFINED
 IN THE FEDERAL VOTING RIGHTS ACT.
   6.  "RACIALLY  POLARIZED  VOTING"  MEANS  VOTING  IN  WHICH THERE IS A
 DIFFERENCE IN THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY MEMBERS  IN
 A  PROTECTED  CLASS,  AND THE CANDIDATE OR ELECTORAL CHOICE PREFERRED BY
 THE REST OF THE  ELECTORATE.  THE  METHODOLOGIES  FOR  ESTIMATING  GROUP
 VOTING  BEHAVIOR  AS APPROVED IN APPLICABLE FEDERAL CASES TO ENFORCE THE
 FEDERAL VOTING RIGHTS ACT TO ESTABLISH RACIALLY POLARIZED VOTING MAY  BE
 USED  FOR PURPOSES OF THIS SUBDIVISION TO PROVE THAT ELECTIONS ARE CHAR-
 ACTERIZED BY RACIALLY POLARIZED VOTING, BUT  THOSE  METHODOLOGIES  SHALL
 NOT BE THE EXCLUSIVE MEANS OF PROVING RACIALLY POLARIZED VOTING.
   7.  "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT OF
 1965, 52 U.S.C. § 10301 ET SEQ.
   8. THE "CIVIL RIGHTS BUREAU" MEANS THE  CIVIL  RIGHTS  BUREAU  OF  THE
 OFFICE OF THE ATTORNEY GENERAL.
   9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR
 JUDICIAL  PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI-
 GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT  OR  ADJUDI-
 CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION.
   10.  "PRECLEARANCE  COMMISSION"  MEANS  THE  COMMISSION FORMED BY THIS
 TITLE TO MAKE DETERMINATIONS AS TO PRECLEARANCE, INFORMED BY THE  RECOM-
 MENDATIONS OF THE CIVIL RIGHTS BUREAU.
   11.  "DECEPTIVE  OR  FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION"
 MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A)  THE  TIME,
 PLACE,   AND   MANNER   OF  ANY  ELECTION;  (B)  THE  QUALIFICATIONS  OR
 RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A  STATEMENT
 OF  ENDORSEMENT  BY  ANY  SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR
 ORGANIZATION.
 S. 1046--D                          4

   § 17-206. RIGHTS  OF  ACTION.  1.  RIGHT  OF  ACTION   AGAINST   VOTER
 SUPPRESSION.  (A)  NO VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW,
 ORDINANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY SHALL BE
 ENACTED OR IMPLEMENTED BY ANY BOARD OF ELECTIONS OR  POLITICAL  SUBDIVI-
 SION IN A MANNER THAT RESULTS IN A DENIAL OR ABRIDGEMENT OF THE RIGHT OF
 ANY MEMBER OF A PROTECTED CLASS TO VOTE.
   (B)  A  VIOLATION  IS  ESTABLISHED  IF,  BASED  ON THE TOTALITY OF THE
 CIRCUMSTANCES, THE ABILITY OF MEMBERS OF THE PROTECTED  CLASS  TO  ELECT
 CANDIDATES  OF  THEIR  CHOICE  OR  INFLUENCE THE OUTCOME OF ELECTIONS IS
 IMPAIRED.
   (C) FOR POLITICAL SUBDIVISIONS WHERE EITHER  THE  PRIMARY  OR  GENERAL
 ELECTION  IS  HELD  ON A DATE THAT IS NOT CONCURRENT WITH THE PRIMARY OR
 GENERAL ELECTION DATES FOR STATE, COUNTY, OR CITY OFFICE AS  ESTABLISHED
 IN  SECTION  EIGHT OF ARTICLE THREE OR SECTION EIGHT OF ARTICLE THIRTEEN
 OF THE CONSTITUTION, AND IN STATE LAW, THERE SHALL BE A PRESUMPTION THAT
 THE DATE OF ELECTION RESULTS IN THE DENIAL OR ABRIDGEMENT OF  THE  RIGHT
 TO  VOTE  WHERE,  FOR ANY PROTECTED CLASS CONSISTING OF AT LEAST TWENTY-
 FIVE THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT  LEAST
 TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION, THE PERCENT OF MEMBERS
 OF  THAT  PROTECTED CLASS THAT ARE ACTUAL VOTERS IS AT LEAST TWENTY-FIVE
 PERCENT LOWER THAN THE PERCENT OF CITIZENS OF VOTING AGE  THAT  ARE  NOT
 MEMBERS OF THAT PROTECTED CLASS THAT ARE ACTUAL VOTERS.
   2.  RIGHT  OF  ACTION AGAINST VOTE DILUTION. (A) A METHOD OF ELECTION,
 INCLUDING AT-LARGE, DISTRICT-BASED, OR ALTERNATIVE, SHALL NOT  HAVE  THE
 EFFECT OF IMPAIRING THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT
 CANDIDATES  OF  THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS, AS A
 RESULT OF THE DILUTION OR THE ABRIDGMENT OF THE RIGHTS OF MEMBERS OF THE
 PROTECTED CLASS.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I) ESTABLISHED IF A POLITICAL SUBDIVISION USES AN AT-LARGE METHOD  OF
 ELECTION  AND IT IS SHOWN THAT EITHER: (A) VOTING PATTERNS OF MEMBERS OF
 THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLAR-
 IZED; OR (B) UNDER THE TOTALITY OF THE  CIRCUMSTANCES,  THE  ABILITY  OF
 MEMBERS  OF  THE  PROTECTED CLASS TO ELECT CANDIDATES OF THEIR CHOICE OR
 INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (II) ESTABLISHED IF A POLITICAL SUBDIVISION USES A  DISTRICT-BASED  OR
 ALTERNATIVE  METHOD OF ELECTION AND IT IS SHOWN THAT CANDIDATES OR ELEC-
 TORAL CHOICES PREFERRED BY MEMBERS OF THE PROTECTED CLASS WOULD  USUALLY
 BE DEFEATED, AND EITHER: (A) VOTING PATTERNS OF MEMBERS OF THE PROTECTED
 CLASS  WITHIN  THE  POLITICAL SUBDIVISION ARE RACIALLY POLARIZED; OR (B)
 UNDER THE TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS  OF  THE
 PROTECTED  CLASS  TO  ELECT  CANDIDATES OF THEIR CHOICE OR INFLUENCE THE
 OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (C) IN ASSESSING WHETHER VOTING PATTERNS OF MEMBERS OF  THE  PROTECTED
 CLASS WITHIN THE POLITICAL SUBDIVISION ARE RACIALLY POLARIZED OR WHETHER
 CANDIDATES  OR  ELECTORAL  CHOICES PREFERRED BY MEMBERS OF THE PROTECTED
 CLASS WOULD USUALLY BE DEFEATED:  (I) ELECTIONS CONDUCTED PRIOR  TO  THE
 FILING OF AN ACTION PURSUANT TO THIS SUBDIVISION ARE MORE PROBATIVE THAN
 ELECTIONS  CONDUCTED  AFTER  THE  FILING  OF  THE  ACTION; (II) EVIDENCE
 CONCERNING ELECTIONS FOR MEMBERS OF THE GOVERNING BODY OF THE  POLITICAL
 SUBDIVISION ARE MORE PROBATIVE THAN EVIDENCE CONCERNING OTHER ELECTIONS;
 (III)  STATISTICAL  EVIDENCE  IS  MORE  PROBATIVE  THAN  NON-STATISTICAL
 EVIDENCE; (IV) WHERE THERE IS EVIDENCE  THAT  MORE  THAN  ONE  PROTECTED
 CLASS  OF  ELIGIBLE  VOTERS  ARE  POLITICALLY  COHESIVE IN THE POLITICAL
 SUBDIVISION, MEMBERS OF EACH OF THOSE PROTECTED CLASSES MAY BE COMBINED;
 (V) EVIDENCE CONCERNING THE INTENT ON THE PART OF  THE  VOTERS,  ELECTED
 S. 1046--D                          5
 
 OFFICIALS,  OR  THE  POLITICAL  SUBDIVISION  TO  DISCRIMINATE  AGAINST A
 PROTECTED CLASS IS NOT REQUIRED; (VI) EVIDENCE THAT VOTING PATTERNS  AND
 ELECTION  OUTCOMES  COULD  BE  EXPLAINED  BY FACTORS OTHER THAN RACIALLY
 POLARIZED  VOTING,  INCLUDING BUT NOT LIMITED TO PARTISANSHIP, SHALL NOT
 BE CONSIDERED; (VII) EVIDENCE THAT SUB-GROUPS WITHIN A  PROTECTED  CLASS
 HAVE  DIFFERENT VOTING PATTERNS SHALL NOT BE CONSIDERED; (VIII) EVIDENCE
 CONCERNING WHETHER MEMBERS  OF  A  PROTECTED  CLASS  ARE  GEOGRAPHICALLY
 COMPACT  OR CONCENTRATED SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR IN
 DETERMINING AN APPROPRIATE REMEDY; AND (IX) EVIDENCE CONCERNING PROJECT-
 ED CHANGES IN POPULATION OR DEMOGRAPHICS SHALL NOT  BE  CONSIDERED,  BUT
 MAY BE A FACTOR, IN DETERMINING AN APPROPRIATE REMEDY.
   3. EVALUATION OF TOTALITY OF THE CIRCUMSTANCES.  IN ASSESSING WHETHER,
 UNDER  THE  TOTALITY OF THE CIRCUMSTANCES, THE ABILITY OF MEMBERS OF THE
 PROTECTED CLASS TO ELECT CANDIDATES OF THEIR  CHOICE  OR  INFLUENCE  THE
 OUTCOME  OF ELECTIONS IS IMPAIRED WITHOUT A COMPELLING POLICY JUSTIFICA-
 TION, FACTORS THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO:  (A)  THE  HISTORY  OF  DISCRIMINATION IN THE POLITICAL SUBDIVISION,
 GEOGRAPHIC REGION, OR THE STATE; (B) THE EXTENT TO WHICH MEMBERS OF  THE
 PROTECTED  CLASS  HAVE  BEEN ELECTED TO OFFICE IN THE POLITICAL SUBDIVI-
 SION; (C) THE USE OF ANY VOTING QUALIFICATION, PREREQUISITE  TO  VOTING,
 LAW,  ORDINANCE,  STANDARD,  PRACTICE,  PROCEDURE, REGULATION, OR POLICY
 THAT MAY ENHANCE THE DILUTIVE EFFECTS OF THE ELECTION SCHEME; (D) DENIAL
 OF ACCESS OF EITHER ELIGIBLE VOTERS OR CANDIDATES WHO ARE MEMBERS OF THE
 PROTECTED CLASS TO THOSE PROCESSES DETERMINING WHICH  GROUPS  OF  CANDI-
 DATES  WILL  RECEIVE  ACCESS  TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER
 SUPPORT IN A GIVEN ELECTION; (E) THE EXTENT  TO  WHICH  MEMBERS  OF  THE
 PROTECTED  CLASS  CONTRIBUTE  TO POLITICAL CAMPAIGNS AT LOWER RATES; (F)
 THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE  OR  POLI-
 TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR-
 ATE;  (G)  THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISAD-
 VANTAGED IN AREAS INCLUDING BUT NOT LIMITED  TO  EDUCATION,  EMPLOYMENT,
 HEALTH,   CRIMINAL   JUSTICE,   HOUSING,   LAND  USE,  OR  ENVIRONMENTAL
 PROTECTION; (H) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED  CLASS  ARE
 DISADVANTAGED  IN  OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTIC-
 IPATE EFFECTIVELY IN THE POLITICAL PROCESS; (I)  THE  USE  OF  OVERT  OR
 SUBTLE  RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK OF
 RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS  TO  THE  PARTICULARIZED
 NEEDS  OF  MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL
 SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION THAT IS  SUBSTANTIATED
 AND  SUPPORTED  BY  EVIDENCE  FOR  ADOPTING OR MAINTAINING THE METHOD OF
 ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI-
 NANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY.  NO  FACTOR
 IS  DISPOSITIVE  OR  NECESSARY  TO  ESTABLISH  THE EXISTENCE OF RACIALLY
 POLARIZED VOTING.  EVIDENCE  OF  THESE  FACTORS  CONCERNING  THE  STATE,
 PRIVATE ACTORS, OR OTHER POLITICAL SUBDIVISIONS IN THE GEOGRAPHIC REGION
 MAY  BE  CONSIDERED  BUT  IS LESS PROBATIVE THAN EVIDENCE CONCERNING THE
 POLITICAL SUBDIVISION ITSELF.
   4. STANDING.  ANY  AGGRIEVED  PERSON,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES  OR  IS LIKELY TO INCLUDE AGGRIEVED PERSONS, ORGANIZATION WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A  RESULT
 OF  A  VIOLATION  OF  THIS  SECTION, OR THE ATTORNEY GENERAL MAY FILE AN
 ACTION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF  THE  COUNTY  IN
 WHICH THE POLITICAL SUBDIVISION IS LOCATED.
   5.  REMEDIES.  (A)  UPON  A FINDING OF A VIOLATION OF ANY PROVISION OF
 THIS SECTION, THE COURT SHALL IMPLEMENT APPROPRIATE  REMEDIES  THAT  ARE
 S. 1046--D                          6

 TAILORED TO REMEDY THE VIOLATION. REMEDIES MAY INCLUDE, BUT SHALL NOT BE
 LIMITED TO:
   (I) A DISTRICT-BASED METHOD OF ELECTION;
   (II) AN ALTERNATIVE METHOD OF ELECTION;
   (III) NEW OR REVISED DISTRICTING OR REDISTRICTING PLANS;
   (IV)  ELIMINATION  OF  STAGGERED  ELECTIONS SO THAT ALL MEMBERS OF THE
 GOVERNING BODY ARE ELECTED ON THE SAME DATE;
   (V) REASONABLY INCREASING THE SIZE OF THE GOVERNING BODY;
   (VI) MOVING THE DATES OF ELECTIONS TO BE CONCURRENT WITH  THE  PRIMARY
 OR  GENERAL  ELECTION  DATES FOR STATE, COUNTY, OR CITY OFFICE AS ESTAB-
 LISHED IN SECTION EIGHT OF ARTICLE THREE OR  SECTION  EIGHT  OF  ARTICLE
 THIRTEEN OF THE CONSTITUTION;
   (VII)  TRANSFERRING  AUTHORITY  FOR  CONDUCTING THE POLITICAL SUBDIVI-
 SION'S ELECTIONS TO THE BOARD OF ELECTIONS FOR THE COUNTY IN  WHICH  THE
 POLITICAL SUBDIVISION IS LOCATED;
   (VIII) ADDITIONAL VOTING HOURS OR DAYS;
   (IX) ADDITIONAL POLLING LOCATIONS;
   (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL;
   (XI) ORDERING OF SPECIAL ELECTIONS;
   (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION;
   (XIII) REQUIRING ADDITIONAL VOTER EDUCATION;
   (XIV) MODIFYING THE ELECTION CALENDAR;
   (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR
   (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER
 AS  THE  COURT  MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN
 SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH  PLAN  DOES
 NOT  HAVE  THE  PURPOSE  OF  DILUTING  THE RIGHT TO VOTE ON THE BASIS OF
 PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES
 SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A
 SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN.
   (B) THE COURT SHALL ONLY ADOPT A REMEDY THAT  WILL  NOT  DIMINISH  THE
 ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROC-
 ESS  AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.  THE COURT SHALL
 CONSIDER PROPOSED REMEDIES BY ANY PARTIES  AND  INTERESTED  NON-PARTIES,
 AND SHALL NOT PROVIDE DEFERENCE OR PRIORITY TO A PROPOSED REMEDY BECAUSE
 IT  IS PROPOSED BY THE POLITICAL SUBDIVISION. THIS TITLE GIVES THE COURT
 AUTHORITY TO IMPLEMENT REMEDIES NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   6.  PROCEDURES  FOR  IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS-
 TRICTING PLANS. THE GOVERNING BODY OF A POLITICAL SUBDIVISION  WITH  THE
 AUTHORITY  UNDER  THIS  TITLE AND ALL APPLICABLE STATE AND LOCAL LAWS TO
 ENACT AND IMPLEMENT A NEW METHOD OF ELECTION THAT WILL REPLACE THE POLI-
 TICAL SUBDIVISION'S AT-LARGE METHOD OF ELECTION WITH A DISTRICT-BASED OR
 ALTERNATIVE METHOD OF ELECTION, OR ENACT AND IMPLEMENT A NEW DISTRICTING
 OR REDISTRICTING PLAN, SHALL UNDERTAKE EACH OF THE STEPS  ENUMERATED  IN
 THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT OF A NYVRA NOTIFICA-
 TION  LETTER,  AS  DEFINED  IN SUBDIVISION SEVEN OF THIS SECTION, OR THE
 FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE  FEDERAL  VOTING  RIGHTS
 ACT.
   (A)  BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 OF THE PROPOSED BOUNDARIES OF THE DISTRICTS, THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT  LEAST TWO PUBLIC HEARINGS OVER A PERIOD OF NO MORE THAN
 THIRTY DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE  INPUT  REGARDING
 THE  COMPOSITION  OF THE DISTRICTS. BEFORE THESE HEARINGS, THE POLITICAL
 SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING  TO  NON-ENGL-
 S. 1046--D                          7
 
 ISH-SPEAKING  COMMUNITIES,  TO  EXPLAIN THE DISTRICTING OR REDISTRICTING
 PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION.
   (B)  AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN, THE
 POLITICAL SUBDIVISION SHALL PUBLISH AND MAKE AVAILABLE  FOR  RELEASE  AT
 LEAST ONE DRAFT DISTRICTING OR REDISTRICTING PLAN AND, IF MEMBERS OF THE
 GOVERNING  BODY  OF  THE  POLITICAL SUBDIVISION WILL BE ELECTED IN THEIR
 DISTRICTS AT DIFFERENT TIMES TO PROVIDE FOR STAGGERED TERMS  OF  OFFICE,
 THE POTENTIAL SEQUENCE OF THE ELECTIONS. THE POLITICAL SUBDIVISION SHALL
 ALSO HOLD AT LEAST TWO ADDITIONAL HEARINGS OVER A PERIOD OF NO MORE THAN
 FORTY-FIVE DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE INPUT REGARD-
 ING  THE CONTENT OF THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 AND THE PROPOSED SEQUENCE  OF  ELECTIONS,  IF  APPLICABLE.    THE  DRAFT
 DISTRICTING  OR  REDISTRICTING PLAN OR PLANS SHALL BE PUBLISHED AT LEAST
 SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE  DRAFT  DISTRICTING
 OR  REDISTRICTING  PLAN  OR PLANS ARE REVISED AT OR FOLLOWING A HEARING,
 THE REVISED VERSIONS SHALL BE PUBLISHED AND MADE AVAILABLE TO THE PUBLIC
 FOR AT LEAST SEVEN DAYS BEFORE BEING ADOPTED.
   (C) IN DETERMINING  THE  FINAL  SEQUENCE  OF  THE  DISTRICT  ELECTIONS
 CONDUCTED  IN  A POLITICAL SUBDIVISION IN WHICH MEMBERS OF THE GOVERNING
 BODY WILL BE ELECTED AT DIFFERENT TIMES TO PROVIDE FOR  STAGGERED  TERMS
 OF  OFFICE,  THE  GOVERNING BODY SHALL GIVE SPECIAL CONSIDERATION TO THE
 PURPOSES OF THIS TITLE, AND IT SHALL TAKE INTO ACCOUNT  THE  PREFERENCES
 EXPRESSED BY MEMBERS OF THE DISTRICTS.
   7.  NOTIFICATION  REQUIREMENT  AND  SAFE  HARBOR FOR JUDICIAL ACTIONS.
 BEFORE COMMENCING A JUDICIAL  ACTION  AGAINST  A  POLITICAL  SUBDIVISION
 UNDER THIS SECTION, A PROSPECTIVE PLAINTIFF SHALL SEND BY CERTIFIED MAIL
 A  WRITTEN  NOTICE TO THE CLERK OF THE POLITICAL SUBDIVISION, OR, IF THE
 POLITICAL SUBDIVISION DOES NOT HAVE A CLERK, THE GOVERNING BODY  OF  THE
 POLITICAL  SUBDIVISION,  AGAINST  WHICH  THE  ACTION  WOULD  BE BROUGHT,
 ASSERTING THAT THE POLITICAL SUBDIVISION MAY BE  IN  VIOLATION  OF  THIS
 TITLE. THIS WRITTEN NOTICE SHALL BE REFERRED TO AS A "NYVRA NOTIFICATION
 LETTER"  IN  THIS  TITLE.  FOR  ACTIONS AGAINST A SCHOOL DISTRICT OR ANY
 OTHER POLITICAL SUBDIVISION THAT HOLDS ELECTIONS GOVERNED BY THE  EDUCA-
 TION  LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A
 COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION.
   (A) A PROSPECTIVE PLAINTIFF  SHALL  NOT  COMMENCE  A  JUDICIAL  ACTION
 AGAINST  A POLITICAL SUBDIVISION UNDER THIS SECTION WITHIN FIFTY DAYS OF
 SENDING TO THE POLITICAL SUBDIVISION A NYVRA NOTIFICATION LETTER.
   (B) BEFORE RECEIVING A NYVRA NOTIFICATION LETTER, OR WITHIN FIFTY DAYS
 OF MAILING OF A NYVRA NOTIFICATION LETTER, THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION MAY PASS A RESOLUTION  AFFIRMING:  (I)  THE  POLITICAL
 SUBDIVISION'S  INTENTION TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL
 VIOLATION OF THIS TITLE; (II) SPECIFIC STEPS IT WILL UNDERTAKE TO FACIL-
 ITATE APPROVAL AND IMPLEMENTATION OF SUCH A REMEDY; AND (III) A SCHEDULE
 FOR ENACTING AND IMPLEMENTING SUCH A REMEDY. SUCH A RESOLUTION SHALL  BE
 REFERRED TO AS A "NYVRA RESOLUTION" IN THIS TITLE. IF A POLITICAL SUBDI-
 VISION  PASSES  A  NYVRA  RESOLUTION,  A PROSPECTIVE PLAINTIFF SHALL NOT
 COMMENCE AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL  SUBDI-
 VISION  WITHIN  NINETY  DAYS  OF  THE  RESOLUTION'S PASSAGE. FOR ACTIONS
 AGAINST A SCHOOL DISTRICT, THE COMMISSIONER OF EDUCATION MAY  ORDER  THE
 ENACTMENT OF AN NYVRA RESOLUTION PURSUANT TO THE COMMISSIONER'S AUTHORI-
 TY UNDER SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.
   (C) IF THE GOVERNING BODY OF A POLITICAL SUBDIVISION LACKS THE AUTHOR-
 ITY  UNDER  THIS TITLE OR APPLICABLE STATE LAW OR LOCAL LAWS TO ENACT OR
 IMPLEMENT A REMEDY IDENTIFIED IN A NYVRA RESOLUTION WITHIN  NINETY  DAYS
 AFTER  THE PASSAGE OF THE NYVRA RESOLUTION, OR IF THE POLITICAL SUBDIVI-
 S. 1046--D                          8
 
 SION IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-212 OF THIS  TITLE,
 THE  GOVERNING BODY OF THE POLITICAL SUBDIVISION MAY UNDERTAKE THE STEPS
 ENUMERATED IN THE FOLLOWING PROVISIONS UPON PASSAGE OF  A  NYVRA  RESOL-
 UTION:
   (I)  THE  GOVERNING  BODY  OF  THE POLITICAL SUBDIVISION MAY APPROVE A
 PROPOSED REMEDY THAT COMPLIES WITH THIS TITLE AND SUBMIT SUCH A PROPOSED
 REMEDY TO THE PRECLEARANCE COMMISSION.    SUCH  A  SUBMISSION  SHALL  BE
 REFERRED TO AS A "NYVRA PROPOSAL" IN THIS TITLE.
   (II)  PRIOR  TO  PASSING  A  NYVRA PROPOSAL, THE POLITICAL SUBDIVISION
 SHALL HOLD AT LEAST ONE PUBLIC HEARING, AT WHICH THE PUBLIC  IS  INVITED
 TO PROVIDE INPUT REGARDING THE NYVRA PROPOSAL.  BEFORE THIS HEARING, THE
 POLITICAL  SUBDIVISION  MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING TO
 NON-ENGLISH-SPEAKING COMMUNITIES, TO ENCOURAGE PUBLIC PARTICIPATION.
   (III) WITHIN FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL
 RIGHTS BUREAU SHALL SUBMIT A REPORT AND RECOMMENDATION TO THE  PRECLEAR-
 ANCE  COMMISSION  AS TO WHETHER THE PRECLEARANCE COMMISSION SHOULD GRANT
 OR DENY APPROVAL OF THE NYVRA PROPOSAL.
   (IV) WITHIN SIXTY DAYS OF RECEIPT OF A NYVRA PROPOSAL,  THE  PRECLEAR-
 ANCE  COMMISSION  SHALL  EITHER  GRANT  OR  DENY  APPROVAL  OF THE NYVRA
 PROPOSAL.
   (V) THE PRECLEARANCE COMMISSION SHALL ONLY GRANT APPROVAL TO THE NYVRA
 PROPOSAL IF IT CONCLUDES THAT: (A) THE POLITICAL SUBDIVISION MAY  BE  IN
 VIOLATION  OF THIS TITLE; (B) THE NYVRA PROPOSAL WOULD REMEDY ANY POTEN-
 TIAL VIOLATION OF THIS TITLE; (C) THE  NYVRA  PROPOSAL  IS  UNLIKELY  TO
 VIOLATE THE CONSTITUTION OR ANY FEDERAL LAW; (D) THE NYVRA PROPOSAL WILL
 NOT  DIMINISH  THE  ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE IN
 THE POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE;
 AND (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE. THE  PRECLEAR-
 ANCE COMMISSION MAY GRANT APPROVAL TO THE NYVRA PROPOSAL NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   (VI)  IF  THE  PRECLEARANCE  COMMISSION  GRANTS  APPROVAL,  THE  NYVRA
 PROPOSAL SHALL BE ENACTED AND IMPLEMENTED  IMMEDIATELY,  NOTWITHSTANDING
 ANY  OTHER  PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW. IF
 THE POLITICAL SUBDIVISION IS A COVERED ENTITY AS DEFINED  UNDER  SECTION
 17-212  OF THIS TITLE, THERE SHALL BE NO NEED FOR THE POLITICAL SUBDIVI-
 SION TO ALSO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO SUCH
 SECTION.
   (VII) IF  THE  PRECLEARANCE  COMMISSION  DENIES  APPROVAL,  THE  NYVRA
 PROPOSAL  SHALL  NOT BE ENACTED OR IMPLEMENTED. THE PRECLEARANCE COMMIS-
 SION SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS  AND  MAY,  IN  ITS
 DISCRETION,  INDICATE  ANOTHER  NYVRA  PROPOSAL FOR WHICH IT WOULD GRANT
 APPROVAL.
   (VIII) IF THE PRECLEARANCE COMMISSION  DOES  NOT  RESPOND,  THE  NYVRA
 PROPOSAL SHALL NOT BE ENACTED OR IMPLEMENTED.
   (D)  A  POLITICAL  SUBDIVISION  THAT HAS PASSED A NYVRA RESOLUTION MAY
 ENTER INTO AN AGREEMENT WITH A PROSPECTIVE PLAINTIFF WHO SENDS  A  NYVRA
 NOTIFICATION  LETTER  PROVIDING  THAT SUCH A PROSPECTIVE PLAINTIFF SHALL
 NOT COMMENCE AN ACTION TO ENFORCE THIS  SECTION  AGAINST  THE  POLITICAL
 SUBDIVISION FOR AN ADDITIONAL NINETY DAYS. THIS WRITTEN AGREEMENT MAY BE
 REFERRED TO AS A "NYVRA EXTENSION AGREEMENT". THE NYVRA EXTENSION AGREE-
 MENT  SHALL  INCLUDE A REQUIREMENT THAT EITHER THE POLITICAL SUBDIVISION
 SHALL ENACT AND IMPLEMENT A REMEDY THAT COMPLIES WITH THIS TITLE OR  THE
 POLITICAL  SUBDIVISION  SHALL PASS A NYVRA PROPOSAL AND SUBMIT IT TO THE
 CIVIL RIGHTS BUREAU.
   (E) IF, PURSUANT TO  A  PROCESS  COMMENCED  BY  A  NYVRA  NOTIFICATION
 LETTER,  A  POLITICAL  SUBDIVISION  ENACTS OR IMPLEMENTS A REMEDY OR THE
 S. 1046--D                          9

 CIVIL RIGHTS BUREAU GRANTS APPROVAL TO A NYVRA PROPOSAL,  A  PROSPECTIVE
 PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER MAY, WITHIN THIRTY DAYS
 OF  THE  ENACTMENT  OR  IMPLEMENTATION  OF THE REMEDY OR APPROVAL OF THE
 NYVRA  PROPOSAL,  DEMAND  REIMBURSEMENT FOR THE COST OF THE WORK PRODUCT
 GENERATED TO SUPPORT THE NYVRA NOTIFICATION LETTER. A PROSPECTIVE PLAIN-
 TIFF SHALL MAKE THE DEMAND IN WRITING AND SHALL SUBSTANTIATE THE  DEMAND
 WITH  FINANCIAL DOCUMENTATION, SUCH AS A DETAILED INVOICE FOR DEMOGRAPHY
 SERVICES OR FOR THE ANALYSIS OF VOTING PATTERNS IN THE POLITICAL  SUBDI-
 VISION.  A POLITICAL SUBDIVISION MAY REQUEST ADDITIONAL DOCUMENTATION IF
 THE PROVIDED DOCUMENTATION IS INSUFFICIENT TO  CORROBORATE  THE  CLAIMED
 COSTS.  A  POLITICAL SUBDIVISION SHALL REIMBURSE A PROSPECTIVE PLAINTIFF
 FOR REASONABLE COSTS CLAIMED, OR IN AN AMOUNT TO WHICH THE PARTIES MUTU-
 ALLY AGREE. THE CUMULATIVE AMOUNT OF REIMBURSEMENTS TO  ALL  PROSPECTIVE
 PLAINTIFFS,  EXCEPT  FOR  ACTIONS BROUGHT BY THE ATTORNEY GENERAL, SHALL
 NOT EXCEED FORTY-THREE THOUSAND DOLLARS, AS  ADJUSTED  ANNUALLY  TO  THE
 CONSUMER  PRICE  INDEX FOR ALL URBAN CONSUMERS, UNITED STATES CITY AVER-
 AGE, AS PUBLISHED BY THE UNITED STATES DEPARTMENT  OF  LABOR.    TO  THE
 EXTENT  A  PROSPECTIVE  PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER
 AND A POLITICAL SUBDIVISION ARE UNABLE TO COME TO  A  MUTUAL  AGREEMENT,
 EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI-
 CATION OF RIGHTS.
   (F)  NOTWITHSTANDING  THE PROVISIONS OF THIS SUBDIVISION, IF THE FIRST
 DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVISION'S NEXT REGULAR
 ELECTION TO SELECT MEMBERS OF ITS GOVERNING BOARD HAS BEGUN OR IS SCHED-
 ULED TO BEGIN WITHIN THIRTY DAYS, OR IF A POLITICAL SUBDIVISION IS SCHE-
 DULED TO CONDUCT ANY ELECTION WITHIN ONE HUNDRED TWENTY DAYS,  A  PLAIN-
 TIFF ALLEGING ANY VIOLATION OF THIS TITLE MAY COMMENCE A JUDICIAL ACTION
 AGAINST  A  POLITICAL  SUBDIVISION UNDER THIS SECTION, PROVIDED THAT THE
 RELIEF SOUGHT BY SUCH A PLAINTIFF INCLUDES PRELIMINARY RELIEF  FOR  THAT
 ELECTION. PRIOR TO OR CONCURRENT WITH COMMENCING SUCH A JUDICIAL ACTION,
 ANY  SUCH PLAINTIFF SHALL ALSO SUBMIT A NYVRA NOTIFICATION LETTER TO THE
 POLITICAL  SUBDIVISION.  IF  A  JUDICIAL  ACTION  COMMENCED  UNDER  THIS
 PROVISION  IS  WITHDRAWN OR DISMISSED FOR MOOTNESS BECAUSE THE POLITICAL
 SUBDIVISION HAS ENACTED OR IMPLEMENTED A  REMEDY  OR  THE  CIVIL  RIGHTS
 BUREAU  HAS  GRANTED  APPROVAL OF A NYVRA PROPOSAL PURSUANT TO A PROCESS
 COMMENCED BY A NYVRA NOTIFICATION LETTER, ANY SUCH  PLAINTIFF  MAY  ONLY
 DEMAND REIMBURSEMENT PURSUANT TO THIS SUBDIVISION.
   8.  COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES
 MAY FILE AN ACTION JOINTLY PURSUANT TO THIS CHAPTER IF THEY  DEMONSTRATE
 THAT  THE  COMBINED VOTING PREFERENCES OF THE MULTIPLE PROTECTED CLASSES
 ARE POLARIZED AGAINST THE REST OF THE ELECTORATE.
   § 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 1. POLITICAL SUBDI-
 VISIONS REQUIRED TO PROVIDE LANGUAGE ASSISTANCE. A BOARD OF ELECTIONS OR
 A  POLITICAL  SUBDIVISION  THAT  ADMINISTERS  ELECTIONS  SHALL   PROVIDE
 LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS TO A LANGUAGE-MINOR-
 ITY GROUP IN A POLITICAL SUBDIVISION IF, BASED ON DATA FROM THE AMERICAN
 COMMUNITY  SURVEY,  OR  DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC
 OFFICE, THAT:
   (A) MORE THAN TWO PERCENT, BUT IN NO INSTANCE FEWER THAN THREE HUNDRED
 INDIVIDUALS, OF THE CITIZENS OF VOTING AGE OF  A  POLITICAL  SUBDIVISION
 ARE  MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED ENGLISH
 PROFICIENT.
   (B) MORE THAN FOUR THOUSAND OF THE CITIZENS  OF  VOTING  AGE  OF  SUCH
 POLITICAL  SUBDIVISION  ARE  MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP
 AND ARE LIMITED ENGLISH PROFICIENT.
 S. 1046--D                         10
 
   (C) IN THE CASE OF A POLITICAL SUBDIVISION THAT CONTAINS  ALL  OR  ANY
 PART  OF  A  NATIVE  AMERICAN  RESERVATION, MORE THAN TWO PERCENT OF THE
 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER-
 VATION ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND  ARE  LIMITED
 ENGLISH  PROFICIENT.  FOR THE PURPOSES OF THIS PARAGRAPH, "NATIVE AMERI-
 CAN" IS DEFINED TO INCLUDE ANY PERSONS RECOGNIZED BY THE  UNITED  STATES
 CENSUS BUREAU OR NEW YORK AS "AMERICAN INDIAN" OR "ALASKA NATIVE".
   2.  LANGUAGE  ASSISTANCE  TO BE PROVIDED. WHEN IT IS DETERMINED THAT A
 BOARD OF ELECTIONS  OR  POLITICAL  SUBDIVISION  SHALL  PROVIDE  LANGUAGE
 ASSISTANCE  TO  A  PARTICULAR MINORITY GROUP, SUCH BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION SHALL PROVIDE  VOTING  MATERIALS  IN  THE  COVERED
 LANGUAGE OF AN EQUAL QUALITY OF THE CORRESPONDING ENGLISH LANGUAGE MATE-
 RIALS,  INCLUDING  REGISTRATION  OR VOTING NOTICES, FORMS, INSTRUCTIONS,
 ASSISTANCE, OR OTHER MATERIALS OR INFORMATION RELATING TO THE  ELECTORAL
 PROCESS,  INCLUDING  BALLOTS.    WHENEVER ANY SUCH BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION  PROVIDES  ANY  REGISTRATION  OR  VOTING  NOTICES,
 FORMS,  INSTRUCTIONS,  ASSISTANCE,  OR  OTHER  MATERIALS  OR INFORMATION
 RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN A COVERED POLI-
 TICAL SUBDIVISION, IT SHALL PROVIDE THEM IN THE LANGUAGE OF THE APPLICA-
 BLE MINORITY GROUP AS WELL AS IN THE  ENGLISH  LANGUAGE,  PROVIDED  THAT
 WHERE THE LANGUAGE OF THE APPLICABLE MINORITY GROUP IS ORAL OR UNWRITTEN
 OR  IN THE CASE OF SOME AMERICAN INDIANS, IF THE PREDOMINANT LANGUAGE IS
 HISTORICALLY UNWRITTEN, THE BOARD OF ELECTIONS OR POLITICAL  SUBDIVISION
 IS  ONLY  REQUIRED  TO  FURNISH  ORAL INSTRUCTIONS, ASSISTANCE, OR OTHER
 INFORMATION RELATING TO REGISTRATION AND VOTING.
   3. ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING  MATERIALS.
 A  BOARD  OF  ELECTIONS  OR  POLITICAL  SUBDIVISION  THAT  SHALL PROVIDE
 LANGUAGE ASSISTANCE TO A  PARTICULAR  MINORITY  GROUP,  WHICH  SEEKS  TO
 PROVIDE  ENGLISH-ONLY MATERIALS MAY FILE AN ACTION AGAINST THE STATE FOR
 A DECLARATORY JUDGMENT PERMITTING SUCH PROVISION. THE COURT SHALL  GRANT
 THE REQUESTED RELIEF IF IT FINDS THAT THE DETERMINATION WAS UNREASONABLE
 OR AN ABUSE OF DISCRETION.
   4.  STANDING.  ANY  AGGRIEVED  PERSONS,  ORGANIZATION WHOSE MEMBERSHIP
 INCLUDES OR IS LIKELY TO INCLUDE AGGRIEVED PERSONS,  ORGANIZATION  WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT  WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A RESULT
 OF A VIOLATION OF THIS SECTION, OR THE  ATTORNEY  GENERAL  MAY  FILE  AN
 ACTION  PURSUANT  TO  THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   5. THIS SECTION SHALL NOT APPLY TO SPECIAL  DISTRICTS  AS  DEFINED  BY
 SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
   §  17-210. PRECLEARANCE COMMISSION. 1. PRECLEARANCE COMMISSION.  THERE
 IS HEREBY ESTABLISHED WITHIN  THE  DEPARTMENT  OF  LAW,  A  PRECLEARANCE
 COMMISSION.  SUCH  ENTITY SHALL BE RESPONSIBLE FOR MAKING DETERMINATIONS
 ON PRECLEARANCE AND OTHER MATTERS AS ENUMERATED UNDER THIS  TITLE.  SUCH
 DETERMINATIONS  SHALL BE BASED UPON THE PROVISIONS OF THIS TITLE AND THE
 RECOMMENDATIONS OF THE CIVIL RIGHTS BUREAU. THIS COMMISSION SHALL  HERE-
 INAFTER  BE REFERRED TO AS THE "PRECLEARANCE COMMISSION" OR "COMMISSION"
 IN THIS TITLE. THE COMMISSION SHALL OPERATE AND MAINTAIN A  WEBSITE  FOR
 POSTING  PRECLEARANCE  SUBMISSIONS AND DECISIONS TO ENSURE THAT THEY ARE
 ACCESSIBLE TO THE PUBLIC.
   2. PRECLEARANCE COMMISSION STRUCTURE AND MEMBERSHIP. (A)  THE  COMMIS-
 SION  SHALL CONSIST OF THREE MEMBERS TO BE SELECTED AS SET FORTH IN THIS
 SECTION AND SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET  FORTH  IN
 THIS TITLE.
 S. 1046--D                         11
 
   (B)  THE  GOVERNOR  SHALL  SELECT ONE MEMBER, AND THE ATTORNEY GENERAL
 SHALL SELECT ONE MEMBER. UPON THEIR SELECTION BOTH MEMBERS SHALL THEREIN
 JOINTLY SELECT ONE MEMBER TO SERVE ON SUCH COMMISSION.
   (C)  TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION AN INDIVID-
 UAL MUST:
   (I) BE A RESIDENT OF NEW YORK STATE;
   (II) HAVE DEMONSTRATED EXPERIENCE REPRESENTING OR WORKING ON BEHALF OF
 MEMBERS OF PROTECTED CLASSES, AS DEFINED IN THIS TITLE;
   (III) HAVE EXPERIENCE WORKING WITH MEMBERS OF  PROTECTED  CLASSES,  AS
 DEFINED IN THIS TITLE, IN VOTING IN ELECTIONS IN THE STATE OF NEW YORK,
   (D)  NO  INDIVIDUAL  SHALL  BE  ELIGIBLE  TO  SERVE AS A MEMBER OF THE
 COMMISSION WHO:
   (I) IS CURRENTLY SERVING IN ANY ELECTED  GOVERNMENTAL  OFFICE  OR  HAS
 WITHIN THE LAST FIVE YEARS SERVED IN ANY ELECTED GOVERNMENTAL OFFICE;
   (II) IS CURRENTLY SERVING ON ANY BOARD OF ELECTIONS; OR
   (III)  IS  CURRENTLY  HOLDING  ANY  OFFICIAL  POSITION FOR A POLITICAL
 PARTY.
   (E) MEMBERS OF THE COMMISSION SHALL SERVE STAGGERED TERMS.  THE  FIRST
 MEMBER SHALL BE CHOSEN BY THE ATTORNEY GENERAL AND SHALL SERVE A TERM OF
 FIVE  YEARS, THE SECOND MEMBER SHALL BE CHOSEN BY THE GOVERNOR AND SHALL
 SERVE A TERM OF FOUR YEARS AND THE THIRD MEMBER CHOSEN BY THE FIRST  TWO
 MEMBERS  SHALL  SERVE  A TERM OF THREE YEARS.  ALL SUBSEQUENT MEMBERS OF
 THE COMMISSION SHALL BE SELECTED AND  APPOINTED  AS  DESCRIBED  IN  THIS
 SECTION  AND  SHALL  SERVE  A  TERM  OF  FIVE YEARS, UNLESS SELECTED AND
 APPOINTED TO COMPLETE A VACANT TERM.
   (F) THE COMMISSION BY A MAJORITY VOTE SHALL ELECT A  CHAIRPERSON  FROM
 AMONG  ITS  MEMBERS TO PRESIDE OVER ITS MEETINGS, OTHER PROCEEDINGS, AND
 VOTES. THE CHAIRPERSON SHALL SERVE A ONE YEAR TERM.
   (G) A MAJORITY OF THE MEMBERS OF THE COMMISSION, CONFERRING IN PERSON,
 TELEPHONICALLY, BY VIDEOCONFERENCE, OR BY OTHER MEANS AS AGREED  BY  THE
 COMMISSION, SHALL CONSTITUTE A QUORUM, AND THE COMMISSION SHALL HAVE THE
 POWER  TO  ACT  BY  MAJORITY  VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE
 COMMISSION WITHOUT VACANCY.
   (H) MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR  ALL  REASONABLE
 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (I)  MEMBERS  OF  THE  COMMISSION MAY BE REMOVED FOR CAUSE BY MAJORITY
 VOTE OF THE COMMISSION FOR SUBSTANTIAL NEGLECT OF  DUTY,  MISCONDUCT  IN
 OFFICE,  OR INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, AFTER
 WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY.
   (J) ANY VACANCY OCCURRING ON THE COMMISSION  SHALL  BE  FILLED  WITHIN
 THIRTY  DAYS OF ITS OCCURRENCE, BY THOSE WHO SELECTED THE MEMBER IN SUCH
 SEAT, TO COMPLETE THE VACANT TERM.
   (K) NOTHING IN THIS ARTICLE SHALL PREVENT  A  MEMBER  FROM  SERVING  A
 SECOND  CONSECUTIVE  TERM UNLESS SUCH PERSON HAS PREVIOUSLY BEEN REMOVED
 FOR CAUSE FROM SAID COMMISSION.
   § 17-212. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE  RIGHT  TO
 VOTE  IS  NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, OR LANGUAGE-
 MINORITY GROUP, AS A RESULT OF THE  ENACTMENT  OR  IMPLEMENTATION  OF  A
 COVERED POLICY, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, AFTER THE
 EFFECTIVE  DATE  OF  THIS  SECTION, THE ENACTMENT OR IMPLEMENTATION OF A
 COVERED POLICY BY A COVERED ENTITY, AS DEFINED IN SUBDIVISION  THREE  OF
 THIS  SECTION,  SHALL  BE  SUBJECT  TO  PRECLEARANCE BY THE CIVIL RIGHTS
 BUREAU OR BY A DESIGNATED COURT AS SET FORTH IN THIS SECTION.
   2. COVERED POLICIES. A "COVERED POLICY" SHALL INCLUDE ANY NEW OR MODI-
 FIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAN-
 S. 1046--D                         12
 
 DARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY CONCERNING ANY  OF  THE
 FOLLOWING TOPICS:
   (A) METHOD OF ELECTION;
   (B) FORM OF GOVERNMENT;
   (C) ANNEXATION OF A POLITICAL SUBDIVISION;
   (D) INCORPORATION OF A POLITICAL SUBDIVISION;
   (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS;
   (F)  REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST MAINTENANCE
 ACTIVITIES;
   (G) NUMBER, LOCATION, OR HOURS OF ANY ELECTION  DAY  OR  EARLY  VOTING
 POLL SITE;
   (H)  DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH RESPECT
 TO SPECIAL ELECTIONS;
   (I) REGISTRATION OF VOTERS;
   (J) ASSIGNMENT OF ELECTION DISTRICTS TO ELECTION DAY OR  EARLY  VOTING
 POLL SITES;
   (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND
   (L) THE CIVIL RIGHTS BUREAU MAY DESIGNATE ADDITIONAL TOPICS FOR INCLU-
 SION  IN THIS LIST PURSUANT TO A RULE PROMULGATED UNDER THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT, IF IT DETERMINES THAT A NEW OR MODIFIED  VOTING
 QUALIFICATION,  PREREQUISITE  TO VOTING, LAW, ORDINANCE, STANDARD, PRAC-
 TICE, PROCEDURE, REGULATION, OR POLICY CONCERNING SUCH TOPICS  MAY  HAVE
 THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT OF RACE,
 COLOR, OR LANGUAGE-MINORITY GROUP.
   3. COVERED ENTITY. A "COVERED ENTITY" SHALL INCLUDE: (A) ANY POLITICAL
 SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS TWENTY-FIVE YEARS, HAS BECOME
 SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT ACTION BASED  UPON  A
 FINDING  OF  ANY VIOLATION OF THIS TITLE, THE FEDERAL VOTING RIGHTS ACT,
 THE FIFTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, OR A  VOTING-
 RELATED  VIOLATION  OF  THE  FOURTEENTH  AMENDMENT  TO THE UNITED STATES
 CONSTITUTION; (B) ANY POLITICAL SUBDIVISION WHICH, WITHIN  THE  PREVIOUS
 TWENTY-FIVE  YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR
 GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION  OF
 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE
 UNITED  STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF
 A PROTECTED CLASS; (C) ANY COUNTY IN WHICH, BASED ON  DATA  PROVIDED  BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMBINED MISDEMEANOR AND
 FELONY ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS  CONSISTING  OF  AT
 LEAST  TEN  THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT
 LEAST TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION  OF  THE  COUNTY,
 EXCEEDS THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI-
 ZEN  VOTING  AGE  POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY
 PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) ANY POLITICAL
 SUBDIVISION IN WHICH, BASED ON DATA MADE AVAILABLE BY THE UNITED  STATES
 CENSUS,  THE DISSIMILARITY INDEX OF ANY PROTECTED CLASS CONSISTING OF AT
 LEAST TWENTY-FIVE THOUSAND CITIZENS  OF  VOTING  AGE  OR  WHOSE  MEMBERS
 COMPRISE  AT  LEAST  TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION OF
 THE POLITICAL SUBDIVISION, IS IN EXCESS OF FIFTY WITH  RESPECT  TO  NON-
 HISPANIC  WHITE  CITIZENS OF VOTING AGE WITHIN THE POLITICAL SUBDIVISION
 AT ANY POINT WITHIN THE PREVIOUS TEN YEARS. IF ANY COVERED ENTITY  IS  A
 POLITICAL  SUBDIVISION  IN  WHICH  A  BOARD OF ELECTIONS HAS BEEN ESTAB-
 LISHED, THAT BOARD OF ELECTIONS SHALL ALSO BE DEEMED A  COVERED  ENTITY.
 IF  ANY  POLITICAL  SUBDIVISION  IN  WHICH A BOARD OF ELECTIONS HAS BEEN
 ESTABLISHED CONTAINS A COVERED ENTITY FULLY  WITHIN  ITS  BORDERS,  THAT
 POLITICAL SUBDIVISION AND THAT BOARD OF ELECTIONS SHALL BOTH BE DEEMED A
 COVERED ENTITY.
 S. 1046--D                         13
 
   4.  PRECLEARANCE  BY THE ATTORNEY GENERAL AND THE PRECLEARANCE COMMIS-
 SION. A COVERED ENTITY MAY OBTAIN PRECLEARANCE FOR A COVERED POLICY FROM
 THE PRECLEARANCE COMMISSION PURSUANT TO THE FOLLOWING PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE PRECLEARANCE COMMISSION AND THE CIVIL RIGHTS BUREAU. IF THE  COVERED
 ENTITY IS A COUNTY OR CITY BOARD OF ELECTIONS, IT SHALL CONTEMPORANEOUS-
 LY PROVIDE A COPY OF THE COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B)  UPON  SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS
 PRACTICABLE BUT NO LATER THAN WITHIN  TEN  DAYS,  THE  COMMISSION  SHALL
 PUBLISH THE SUBMISSION ON ITS WEBSITE.
   (C)  AFTER  PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY
 FOR MEMBERS OF THE PUBLIC TO COMMENT ON  THE  SUBMISSION  TO  THE  CIVIL
 RIGHTS  BUREAU  WITHIN  THE  TIME PERIODS SET FORTH BELOW. TO FACILITATE
 PUBLIC COMMENT, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR  MEMBERS
 OF  THE  PUBLIC  TO SIGN UP TO RECEIVE NOTIFICATIONS OR ALERTS REGARDING
 SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE.
   (D) UPON SUBMISSION OF A COVERED POLICY FOR  PRECLEARANCE,  THE  CIVIL
 RIGHTS  BUREAU  SHALL  REVIEW  THE SUBMISSION AND SHALL, WITHIN THE TIME
 PERIODS SET FORTH BELOW, PROVIDE A  REPORT  AND  RECOMMENDATION  TO  THE
 COMMISSION,  WHICH  SHALL  INCLUDE A RECOMMENDATION AS TO WHETHER, UNDER
 THIS TITLE, PRECLEARANCE SHOULD BE GRANTED  OR  DENIED  TO  THE  COVERED
 POLICY.  SUCH TIME PERIOD SHALL RUN CONCURRENT WITH THE TIME PERIODS FOR
 PUBLIC COMMENT.  THE CIVIL RIGHTS BUREAU MAY NOT SUBMIT ITS  REPORT  AND
 RECOMMENDATION  UNTIL THE PERIOD FOR PUBLIC COMMENT IS CLOSED. THE CIVIL
 RIGHTS BUREAU MAY REQUEST MORE INFORMATION FROM A  JURISDICTION  SUBMIT-
 TING A COVERED POLICY AT ANY TIME DURING ITS REVIEW TO AID IN DEVELOPING
 ITS REPORT AND RECOMMENDATION. THE FAILURE TO TIMELY COMPLY WITH REASON-
 ABLE  REQUESTS  FOR  MORE  INFORMATION  MAY BE GROUNDS FOR THE DENIAL OF
 PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS AND RECOMMENDATION SHALL
 BE POSTED PUBLICLY ON THE  PRECLEARANCE  COMMISSION'S  WEBSITE  PROMPTLY
 AFTER  THEY  ARE  RECEIVED  BY THE COMMISSION.   PROVIDED, HOWEVER, SUCH
 COMMUNICATIONS BETWEEN THE CIVIL RIGHTS BUREAU AND THE COMMISSION OR ITS
 MEMBERS OTHER THAN THE CIVIL RIGHTS BUREAU'S REPORT  AND  RECOMMENDATION
 SHALL  BE  EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW.  THE CIVIL RIGHTS BUREAU MAY INSTEAD OPT TO GRANT OR  DENY
 PRECLEARANCE  DIRECTLY  WITHOUT  SENDING A RECOMMENDATION TO THE COMMIS-
 SION.
   (E) UPON RECEIPT OF THE CIVIL RIGHTS BUREAU'S REPORT  AND  RECOMMENDA-
 TION   REGARDING  A  COVERED  POLICY  SUBMITTED  FOR  PRECLEARANCE,  THE
 PRECLEARANCE COMMISSION SHALL  REVIEW  THE  COVERED  POLICY,  THE  CIVIL
 RIGHTS  BUREAU'S  REPORT AND RECOMMENDATION, AND ANY PUBLIC COMMENT, AND
 SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, DENY OR GRANT  PRECLEAR-
 ANCE.  IN DETERMINING WHETHER TO DENY OR GRANT PRECLEARANCE, THE COMMIS-
 SION SHALL GIVE DEFERENCE TO THE CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION
 UNDER  AN "ARBITRARY AND CAPRICIOUS" STANDARD OF REVIEW. IN ANY DETERMI-
 NATION AS TO PRECLEARANCE, THE  COMMISSION  SHALL  IDENTIFY  IN  WRITING
 WHETHER IT IS APPROVING OR REJECTING THE CIVIL RIGHTS BUREAU'S RECOMMEN-
 DATION.  IF  THE PRECLEARANCE COMMISSION GRANTS PRECLEARANCE, IT MAY, IN
 ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY"  IN  WHICH  CASE
 THE  COMMISSION  MAY  DENY  PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING THE
 RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (I) THE COMMISSION SHALL GRANT PRECLEARANCE  ONLY  IF  IT  DETERMINES,
 UPON  REVIEW  OF  THE  CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION, THAT THE
 COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS  MEMBERS
 TO  PARTICIPATE  IN  THE  POLITICAL PROCESS AND TO ELECT THEIR PREFERRED
 S. 1046--D                         14
 
 CANDIDATES TO OFFICE. IF THE COMMISSION GRANTS PRECLEARANCE, THE COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (II)  IF  THE  COMMISSION  DENIES  PRECLEARANCE,  THE COMMISSION SHALL
 INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND THE COVERED  POLICY  SHALL
 NOT BE ENACTED OR IMPLEMENTED.
   (III)  IF THE COMMISSION FAILS TO RESPOND WITHIN THE TIME FOR RESPONSE
 AS ESTABLISHED IN THIS SECTION, THE CIVIL RIGHTS BUREAU'S RECOMMENDATION
 ON THE COVERED POLICY SHALL GOVERN.
   (IV) IF THE COMMISSION'S MEMBERSHIP FALLS BELOW A QUORUM AT ANY  TIME,
 OR  DURING ANY TIME PERIOD THAT MAY ELAPSE BETWEEN THE EFFECTIVE DATE OF
 THIS SECTION AND THE ESTABLISHMENT OF A QUORUM ON  THE  COMMISSION,  THE
 CIVIL  RIGHTS  BUREAU'S RECOMMENDATION AS TO WHETHER PRECLEARANCE SHOULD
 BE GRANTED OR DENIED SHALL HAVE THE FORCE OF FINAL PRECLEARANCE DETERMI-
 NATION UNTIL THE COMMISSION'S QUORUM IS ESTABLISHED OR RESTORED.
   (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS  BUREAU  REVIEW,
 AND  THE  DECISION  OF  THE  COMMISSION TO GRANT OR DENY PRECLEARANCE ON
 SUBMISSION SHALL BE AS FOLLOWS:
   (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION  OF
 POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH-
 ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL
 BE  FIVE  BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS REPORT
 AND RECOMMENDATION TO THE  COMMISSION  WITHIN  TEN  DAYS  FOLLOWING  THE
 RECEIPT  OF  SUCH  SUBMISSION  AND  A SINGLE COMMISSIONER, ASSIGNED ON A
 ROTATING BASIS, SHALL REVIEW THE SUBMISSION, THE CIVIL  RIGHTS  BUREAU'S
 RECOMMENDATION,  AND  ANY  PUBLIC COMMENT. WITHIN FIVE DAYS SUCH COMMIS-
 SIONER SHALL, EITHER:  (A) APPROVE THE CIVIL RIGHTS BUREAU'S RECOMMENDA-
 TION; OR (B) REFER THE SUBMISSION AND THE CIVIL RIGHTS  BUREAU'S  RECOM-
 MENDATION  TO  THE  FULL  COMMISSION  FOR  A DETERMINATION AS TO WHETHER
 PRECLEARANCE SHALL BE DENIED OR GRANTED.
   (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE
 AN EXTENSION OF UP TO TWENTY DAYS TO SUBMIT ITS REPORT  AND  RECOMMENDA-
 TION  TO  THE COMMISSION.  IF THE COMMISSIONER INITIALLY ASSIGNED REFERS
 THE SUBMISSION AND THE  CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION  TO  THE
 COMMISSION  FOR  A  DETERMINATION,  THE  COMMISSION  SHALL DENY OR GRANT
 PRECLEARANCE WITHIN FIVE DAYS FROM THE DATE OF REFERRAL.
   (III) FOR ANY OTHER COVERED POLICY,  THE  PERIOD  FOR  PUBLIC  COMMENT
 SHALL  BE  TEN  BUSINESS  DAYS, THE CIVIL RIGHTS BUREAU SHALL SUBMIT ITS
 REPORT AND RECOMMENDATION TO THE COMMISSION WITHIN  FORTY  DAYS,  AND  A
 SINGLE  COMMISSIONER,  ASSIGNED  ON  A  ROTATING BASIS, SHALL REVIEW THE
 SUBMISSION, THE CIVIL RIGHTS BUREAU'S  RECOMMENDATION,  AND  ANY  PUBLIC
 COMMENT,  AND  SHALL,  WITHIN  FIVE  DAYS, EITHER: (A) APPROVE THE CIVIL
 RIGHTS BUREAU'S RECOMMENDATION; OR (B)  REFER  THE  SUBMISSION  AND  THE
 CIVIL  RIGHTS  BUREAU'S  RECOMMENDATION TO THE COMMISSION FOR A DETERMI-
 NATION AS TO WHETHER PRECLEARANCE SHALL BE DENIED  OR  GRANTED.  IF  THE
 COMMISSIONER  INITIALLY  ASSIGNED  REFERS  THE  SUBMISSION AND THE CIVIL
 RIGHTS BUREAU'S RECOMMENDATION TO THE COMMISSION  FOR  A  DETERMINATION,
 THE COMMISSION SHALL DENY OR GRANT PRECLEARANCE WITHIN TEN DAYS FROM THE
 DATE  OF  REFERRAL.  IN  CONSULTATION  WITH THE CIVIL RIGHTS BUREAU, THE
 COMMISSION MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH.
   (IV) THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE  RULES
 FOR  AN  EXPEDITED,  EMERGENCY  PRECLEARANCE  PROCESS  IN THE EVENT OF A
 COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A
 RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP-
 TER OR OTHER EXIGENT CIRCUMSTANCES.  ANY PRECLEARANCE GRANTED UNDER THIS
 PROVISION SHALL BE DESIGNATED "PRELIMINARY" AND THE COMMISSION MAY  DENY
 PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED POLICY.
 S. 1046--D                         15
 
   (G)  APPEAL  OF ANY DENIAL BY THE PRECLEARANCE COMMISSION MAY BE HEARD
 IN THE SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF  ALBANY
 IN  A  PROCEEDING  COMMENCED AGAINST THE COMMISSION, PURSUANT TO ARTICLE
 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FROM WHICH APPEAL MAY
 BE  TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE PROCEDURE. DUE TO
 THE FREQUENCY AND URGENCY OF ELECTIONS, ACTIONS BROUGHT PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND
 RECEIVE AN AUTOMATIC CALENDAR PREFERENCE ON APPEAL.
   5. PRECLEARANCE BY A DESIGNATED COURT. A  COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM A COURT PURSUANT TO THE FOLLOWING
 PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE FOLLOWING DESIGNATED COURT IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH
 THE  COVERED  ENTITY IS LOCATED: (I) FIRST JUDICIAL DEPARTMENT: NEW YORK
 COUNTY; (II) SECOND JUDICIAL  DEPARTMENT:    WESTCHESTER  COUNTY;  (III)
 THIRD  JUDICIAL  DEPARTMENT:  ALBANY  COUNTY;  AND  (IV) FOURTH JUDICIAL
 DEPARTMENT: ERIE COUNTY.   IF THE COVERED ENTITY IS  A  COUNTY  OR  CITY
 BOARD  OF  ELECTIONS,  IT  SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF THE
 COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B) THE COVERED ENTITY SHALL CONTEMPORANEOUSLY PROVIDE A COPY  OF  THE
 COVERED  POLICY  TO  THE CIVIL RIGHTS BUREAU. THE FAILURE OF THE COVERED
 ENTITY TO PROVIDE A COPY OF THE  COVERED  POLICY  TO  THE  CIVIL  RIGHTS
 BUREAU WILL RESULT IN AN AUTOMATIC DENIAL OF PRECLEARANCE.
   (C)  THE  COURT  SHALL  GRANT  OR  DENY PRECLEARANCE WITHIN SIXTY DAYS
 FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (D) THE COURT SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES THAT  THE
 COVERED  POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS
 TO PARTICIPATE IN THE POLITICAL PROCESS AND  TO  ELECT  THEIR  PREFERRED
 CANDIDATES  TO  OFFICE.  IF  THE  COURT GRANTS PRECLEARANCE, THE COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (E) IF THE COURT DENIES PRECLEARANCE, OR FAILS TO RESPOND WITHIN SIXTY
 DAYS, THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (F) APPEAL OF ANY DENIAL MAY BE TAKEN ACCORDING TO THE ORDINARY  RULES
 OF  APPELLATE  PROCEDURE. DUE TO THE FREQUENCY AND URGENCY OF ELECTIONS,
 ACTIONS BROUGHT PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO  EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE ON APPEAL.
   6.  PRECLEARANCE  BY  PUBLIC  NOTICE AND COMMENT. A COVERED ENTITY MAY
 OBTAIN PRECLEARANCE FOR A COVERED POLICY THROUGH THE  USE  OF  A  PUBLIC
 NOTICE AND COMMENT PERIOD PURSUANT TO THE FOLLOWING PROCESS:
   (A)  PRIOR  TO  ENACTING OR SEEKING TO ADMINISTER ANY COVERED POLICIES
 UNDER SUBDIVISION TWO OF THIS SECTION THE COVERED ENTITY  SHALL  PUBLISH
 THE  PROPOSED  COVERED POLICY CHANGE ON ITS OFFICIAL WEBSITE, ALONG WITH
 AN EXPLANATION FOR HOW THE CHANGE WOULD  NOT  DIMINISH  THE  ABILITY  OF
 PROTECTED  CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS  AND TO
 ELECT THEIR PREFERRED CANDIDATES TO OFFICE, AND PUBLISH  GENERAL  NOTICE
 OF  OPPORTUNITY FOR PUBLIC COMMENT ON THE PROPOSED COVERED PRACTICE. THE
 COVERED ENTITY SHALL ALSO PUBLICIZE THE NOTICE  THROUGH  PRESS  RELEASES
 AND  SUCH  OTHER MEDIA. THE COVERED ENTITY SHALL NOTIFY THE CIVIL RIGHTS
 BUREAU AND THE PRECLEARANCE COMMISSION OF ITS INTENT TO USE  THE  NOTICE
 AND COMMENT PROCESS TO PRECLEAR A PROPOSED CHANGE.
   (B)  SUCH  NOTICE SHALL BE MADE AT LEAST FORTY-FIVE DAYS IN ADVANCE OF
 THE LAST DATE PRESCRIBED IN THE NOTICE FOR PUBLIC COMMENT.
   (C) PUBLIC COMMENT SHALL BE ACCEPTED FOR A PERIOD  OF  NO  FEWER  THAN
 THIRTY  DAYS. DURING THIS PERIOD, THE COVERED ENTITY SHALL AFFORD INTER-
 ESTED PERSONS AN OPPORTUNITY TO SUBMIT DATA,  VIEWS,  AND  ARGUMENTS  IN
 S. 1046--D                         16

 WRITING  BY  MAIL,  FAX,  OR  EMAIL, OR THROUGH AN ONLINE PUBLIC COMMENT
 PORTAL ON THE OFFICIAL WEBSITE FOR THE LOCALITY IF ONE HAS  BEEN  ESTAB-
 LISHED.
   (D)  THE  COVERED  ENTITY  SHALL  CONDUCT  AT LEAST ONE PUBLIC HEARING
 DURING THIS PERIOD TO RECEIVE PUBLIC COMMENT  ON  THE  PROPOSED  COVERED
 PRACTICE.
   (E)  THE COVERED ENTITY MAY MAKE CHANGES TO THE PROPOSED COVERED PRAC-
 TICE IN RESPONSE TO PUBLIC COMMENT RECEIVED. IN DOING  SO,  THE  REVISED
 COVERED PRACTICE SHALL BE PUBLISHED AND PUBLIC COMMENT SHALL BE ACCEPTED
 IN  ACCORDANCE  WITH  THIS  SUBSECTION, EXCEPT THE PUBLIC COMMENT PERIOD
 SHALL BE NO FEWER THAN FIFTEEN DAYS.
   (F) FOLLOWING THE PUBLIC COMMENT PERIOD  OR  PERIODS  PRESCRIBED,  THE
 COVERED  ENTITY  SHALL  PUBLISH  THE FINAL COVERED PRACTICE, WHICH SHALL
 INCLUDE A PLAIN ENGLISH DESCRIPTION OF THE PRACTICE AND THE TEXT  OF  AN
 ORDINANCE IF APPLICABLE, GIVING EFFECT TO THE PRACTICE, MAPS OF PROPOSED
 BOUNDARY  CHANGES,  OR  OTHER  RELEVANT  MATERIALS,  AND NOTICE THAT THE
 COVERED PRACTICE WILL TAKE EFFECT IN THIRTY DAYS.
   (G) DURING THIS THIRTY-DAY WAITING PERIOD,  ANY  PERSON  WHO  WILL  BE
 SUBJECT  TO,  OR AFFECTED BY, THE COVERED PRACTICE MAY CHALLENGE, IN THE
 SUPREME COURT OF THE LOCALITY WHERE THE COVERED PRACTICE IS TO BE IMPLE-
 MENTED, THE COVERED PRACTICE AS HAVING THE PURPOSE OR EFFECT  OF  DIMIN-
 ISHING  THE  ABILITY  OF  PROTECTED  CLASS MEMBERS TO PARTICIPATE IN THE
 POLITICAL PROCESS AND TO ELECT THEIR PREFERRED CANDIDATES TO OFFICE.
   (H) THE PRECLEARANCE COMMISSION OR THE CIVIL RIGHTS BUREAU MAY  ASSERT
 JURISDICTION  OVER  THE  PROPOSED  CHANGE  UPON  RECEIVING NOTICE OF THE
 COVERED ENTITY'S INTENT TO USE THE NOTICE AND COMMENT PROCESS  ANY  TIME
 BEFORE  THE  CLOSE  OF  THE PUBLIC COMMENT PERIOD.   A SINGLE MEMBER MAY
 ASSERT JURISDICTION.
   7. FAILURE TO SEEK OR  OBTAIN  PRECLEARANCE.  IF  ANY  COVERED  ENTITY
 ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY  WITHOUT SEEKING PRECLEARANCE
 PURSUANT TO THIS SECTION, OR  ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY
 NOTWITHSTANDING  THE  DENIAL  OF  PRECLEARANCE,  EITHER THE CIVIL RIGHTS
 BUREAU OR ANY OTHER PARTY WITH STANDING TO BRING AN  ACTION  UNDER  THIS
 TITLE MAY BRING AN ACTION TO ENJOIN THE COVERED POLICY AND TO SEEK SANC-
 TIONS AGAINST THE POLITICAL SUBDIVISION AND OFFICIALS IN VIOLATION.
   8. LOOKBACK REVIEW. (A) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS BEGIN-
 NING  ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION OR THE CIVIL
 RIGHTS BUREAU MAY, IN ITS DISCRETION,  INITIATE  A  LOOKBACK  REVIEW  IN
 WHICH  IT  MAY  DENY CLEARANCE TO CERTAIN COVERED POLICIES THAT HAD BEEN
 PREVIOUSLY ENACTED BY COVERED JURISDICTIONS.
   (B) THE COMMISSION OR CIVIL RIGHTS BUREAU MAY ONLY INITIATE A LOOKBACK
 REVIEW OF COVERED POLICIES THAT WERE ENACTED OR IMPLEMENTED BY A COVERED
 JURISDICTION ON OR AFTER THE DATE ON WHICH THIS TITLE TAKES  EFFECT  AND
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   (C)  IN  ORDER  TO INITIATE A LOOKBACK REVIEW, THE COMMISSION OR CIVIL
 RIGHTS BUREAU MUST PROVIDE NOTICE TO A COVERED ENTITY OF ITS DECISION TO
 REVIEW A COVERED POLICY ENACTED OR IMPLEMENTED BY THAT  COVERED  ENTITY.
 UPON RECEIPT OF SUCH NOTICE, THE COVERED ENTITY SHALL SUBMIT THE COVERED
 POLICY  IN WRITING TO THE PRECLEARANCE COMMISSION OR CIVIL RIGHTS BUREAU
 WITHIN THIRTY DAYS.
   (D) UPON RECEIPT OF A COVERED POLICY FOR LOOKBACK REVIEW, THE  COMMIS-
 SION OR CIVIL RIGHTS BUREAU SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE.
 THE  SCHEDULE AND PROCEDURES FOR RECEIVING PUBLIC COMMENT AND EVALUATING
 A SUBMISSION THROUGH LOOKBACK REVIEW  SHALL  REFLECT  THE  SCHEDULE  AND
 PROCEDURES  PROVIDED  BY  PARAGRAPH  (F)  OF  SUBDIVISION  FOUR  OF THIS
 S. 1046--D                         17
 
 SECTION, BASED ON THE  TYPE  OF  POLICY  THAT  IS  THE  SUBJECT  OF  THE
 SUBMISSION.
   9.  RULES AND REGULATIONS. THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH
 RULES AND REGULATIONS PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT
 AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 17-214. RIGHT OF ACTION AGAINST  VOTER  INTIMIDATION,  DECEPTION  OR
 OBSTRUCTION.  1.  (A)  NO  PERSON,  WHETHER ACTING UNDER COLOR OF LAW OR
 OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION
 THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE.
   (B) A VIOLATION OF THIS SUBDIVISION SHALL BE:
   (I) ESTABLISHED IF A PERSON  USES  OR  THREATENS  TO  USE  ANY  FORCE,
 VIOLENCE,  RESTRAINT,  ABDUCTION  OR DURESS, OR INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM OR LOSS, OR IN ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  THAT  CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF
 CAUSING ANY PERSON TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR  FOR  OR
 AGAINST  ANY PARTICULAR PERSON OR FOR OR AGAINST ANY PROPOSITION SUBMIT-
 TED TO VOTERS AT SUCH ELECTION; TO PLACE OR REFRAIN FROM  PLACING  THEIR
 NAME UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING
 AN ABSENTEE BALLOT; OR
   (II)  ESTABLISHED  IF A PERSON KNOWINGLY USES ANY DECEPTIVE OR FRAUDU-
 LENT DEVICE, CONTRIVANCE OR COMMUNICATION,  THAT  IMPEDES,  PREVENTS  OR
 OTHERWISE INTERFERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY
 ANY PERSON, OR THAT CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING
 ANY  PERSON  TO VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST
 ANY PARTICULAR PERSON OR FOR OR AGAINST  ANY  PROPOSITION  SUBMITTED  TO
 VOTERS  AT  SUCH  ELECTION;  TO PLACE OR REFRAIN FROM PLACING THEIR NAME
 UPON A REGISTRY OF VOTERS; OR TO REQUEST OR REFRAIN FROM  REQUESTING  AN
 ABSENTEE BALLOT; OR
   (III)  ESTABLISHED IF A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTER-
 FERES  WITH  ACCESS  TO  ANY  POLLING  PLACE  OR  ELECTIONS  OFFICE,  OR
 OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ANY VOTER IN ANY MANNER
 THAT  CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN
 VOTING OR THE VOTING PROCESS, INCLUDING THE CANVASSING AND TABULATION OF
 BALLOTS.
   2. STANDING. ANY  AGGRIEVED  PERSONS,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES  OR  IS LIKELY TO INCLUDE AGGRIEVED PERSONS, ORGANIZATION WHOSE
 MISSION WOULD BE FRUSTRATED BY A VIOLATION OF THIS SECTION, ORGANIZATION
 THAT WOULD EXPEND RESOURCES IN ORDER TO FULFILL ITS MISSION AS A  RESULT
 OF  A  VIOLATION  OF  THIS  SECTION, OR THE ATTORNEY GENERAL MAY FILE AN
 ACTION PURSUANT TO THIS SECTION IN THE SUPREME COURT OF  THE  COUNTY  IN
 WHICH THE ALLEGED VIOLATION OF THIS SECTION OCCURRED.
   3.  REMEDIES.  UPON  A FINDING OF A VIOLATION OF ANY PROVISION OF THIS
 SECTION,  THE  COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING
 FOR ADDITIONAL TIME TO CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION
 AT  ISSUE.  THIS  TITLE  GIVES THE COURT AUTHORITY TO IMPLEMENT REMEDIES
 NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, INCLUDING ANY
 OTHER STATE OR LOCAL LAW.  ANY  PARTY  WHO  SHALL  VIOLATE  ANY  OF  THE
 PROVISIONS  OF  THE  FOREGOING SECTION OR WHO SHALL AID THE VIOLATION OF
 ANY OF SAID PROVISIONS SHALL BE LIABLE TO ANY PREVAILING PLAINTIFF PARTY
 FOR DAMAGES, INCLUDING NOMINAL DAMAGES FOR ANY VIOLATION, AND  COMPENSA-
 TORY OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION.
   § 17-216. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION
 TO  ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL HAVE
 THE AUTHORITY TO TAKE PROOF AND DETERMINE RELEVANT FACTS  AND  TO  ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
 S. 1046--D                         18
 
   § 17-218. EXPEDITED   JUDICIAL  PROCEEDINGS  AND  PRELIMINARY  RELIEF.
 BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE-
 PARABLE HARM OF HOLDING ELECTIONS UNDER  UNLAWFUL  CONDITIONS,  AND  THE
 EXPENDITURE  TO  DEFEND  POTENTIALLY  UNLAWFUL  CONDITIONS  THAT BENEFIT
 INCUMBENT  OFFICIALS,  ACTIONS  BROUGHT  PURSUANT TO THIS TITLE SHALL BE
 SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO-
 MATIC CALENDAR PREFERENCE. IN ANY ACTION ALLEGING A  VIOLATION  OF  THIS
 SECTION IN WHICH A PLAINTIFF PARTY SEEKS PRELIMINARY RELIEF WITH RESPECT
 TO  AN  UPCOMING ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES
 THAT:  (A) PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS;
 AND (B) IT IS POSSIBLE TO IMPLEMENT AN  APPROPRIATE  REMEDY  THAT  WOULD
 RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   § 17-220. ATTORNEYS'  FEES.  IN ANY ACTION TO ENFORCE ANY PROVISION OF
 THIS TITLE, THE COURT SHALL ALLOW THE PREVAILING PLAINTIFF PARTY,  OTHER
 THAN THE STATE OR POLITICAL SUBDIVISION THEREOF, A REASONABLE ATTORNEYS'
 FEE,  LITIGATION  EXPENSES INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS
 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL  BE  DEEMED  TO
 HAVE  PREVAILED  WHEN,  AS  A  RESULT OF LITIGATION, THE DEFENDANT PARTY
 YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT.  PREVAILING DEFEND-
 ANT PARTIES SHALL NOT RECOVER ANY COSTS,  UNLESS  THE  COURT  FINDS  THE
 ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION.
   § 17-222. APPLICABILITY.  THE  PROVISIONS OF THIS TITLE SHALL APPLY TO
 ALL ELECTIONS FOR ANY ELECTED OFFICE  OR  ELECTORAL  CHOICE  WITHIN  THE
 STATE  OR  ANY POLITICAL SUBDIVISION. THE PROVISIONS OF THIS TITLE SHALL
 APPLY NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  INCLUDING  ANY  OTHER
 STATE LAW OR LOCAL LAW.
   § 17-224. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR ITS APPLICA-
 TION  TO  ANY  PERSON,  POLITICAL  SUBDIVISION,  OR CIRCUMSTANCE IS HELD
 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER  PROVISIONS  OR  APPLICA-
 TIONS  OF  THIS  TITLE  WHICH  CAN  BE  GIVEN EFFECT WITHOUT THE INVALID
 PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF  THIS  TITLE
 ARE SEVERABLE.
   §  5.  This act shall take effect immediately; provided, however, that
 paragraph (c) of subdivision seven of section 17-206 of the election law
 as added by section four of this act shall take effect one year after it
 shall have become a law; and provided  further,  however,  that  section
 17-208  of  the  election law as added by section four of this act shall
 take effect three years after it shall have become a law;  and  provided
 further,  however,  that section 17-212 of the election law, as added by
 section four of this act, shall take effect one year after the  attorney
 general certifies that the office of the attorney general is prepared to
 execute  the  duties  assigned in section four of this act, if after the
 expiration of one year the attorney general requires more time to certi-
 fy that the office of the attorney general is prepared  to  execute  the
 duties  assigned in section four of this act, the attorney general, may,
 for good cause shown, apply to the governor for  such  an  extension  of
 time.  The  governor  may  grant  or deny an extension of up to one year
 according to his or her discretion. The attorney  general  shall  notify
 the  legislative  bill  drafting  commission  upon the occurrence of the
 enactment of the legislation provided for in section four of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1046--E
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
   CLEARE,  COMRIE,  COONEY,  FELDER,  GAUGHRAN,   GIANARIS,   GOUNARDES,
   HINCHEY,  HOYLMAN,  JACKSON,  KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU,
   MANNION, MAY, MAYER, PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR,
   SANDERS, SEPULVEDA,  SERRANO,  STAVISKY,  THOMAS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Elections -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said  committee  --  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 -- reported favorably from said  commit-
   tee and committed to the Committee on Finance -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee and  committed  to
   the  Committee on Rules -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the election law, in relation to establishing the John
   R. Lewis Voting Rights Act of New York, establishing rights of  action
   for  denying  or  abridging  of the right of any member of a protected
   class to  vote,  providing  assistance  to  language-minority  groups,
   requiring  certain  political subdivisions to receive preclearance for
   potential violations of the NYVRA, and creating  civil  liability  for
   voter intimidation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "John  R.
 Lewis Voting Rights Act of New York (NYVRA)".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02423-24-2
 S. 1046--E                          2
 
              

   §  2. Sections 17-100 through 17-170 of article 17 of the election law
 are designated title 1 and a new title  heading  is  added  to  read  as
 follows:
 
                   VIOLATIONS OF THE ELECTIVE FRANCHISE
 
   §  3. The article heading of article 17 of the election law is amended
 to read as follows:
 
             [VIOLATIONS OF] PROTECTING THE ELECTIVE FRANCHISE
 
   § 4. Article 17 of the election law is amended by adding a new title 2
 to read as follows:
                                  TITLE 2
                JOHN R. LEWIS VOTING RIGHTS ACT OF NEW YORK
 SECTION 17-200. LEGISLATIVE PURPOSE AND STATEMENT OF PUBLIC POLICY.
         17-202. INTERPRETATION OF LAWS RELATED  TO  THE  ELECTIVE  FRAN-
                   CHISE.
         17-204. DEFINITIONS.
         17-206. PROHIBITIONS ON VOTER DISFRANCHISEMENT.
         17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS.
         17-210. PRECLEARANCE.
         17-212. PROHIBITION  AGAINST  VOTER  INTIMIDATION,  DECEPTION OR
                   OBSTRUCTION.
         17-214. AUTHORITY TO ISSUE SUBPOENAS.
         17-216. EXPEDITED JUDICIAL PROCEEDINGS AND PRELIMINARY RELIEF.
         17-218. ATTORNEYS' FEES.
         17-220. APPLICABILITY.
         17-222. SEVERABILITY.
   § 17-200. LEGISLATIVE PURPOSE AND STATEMENT  OF  PUBLIC  POLICY.    IN
 RECOGNITION  OF  THE  PROTECTIONS  FOR THE RIGHT TO VOTE PROVIDED BY THE
 CONSTITUTION OF THE STATE OF NEW YORK, WHICH  SUBSTANTIALLY  EXCEED  THE
 PROTECTIONS  FOR  THE  RIGHT TO VOTE PROVIDED BY THE CONSTITUTION OF THE
 UNITED STATES, AND IN CONJUNCTION WITH THE CONSTITUTIONAL GUARANTEES  OF
 EQUAL  PROTECTION,  FREEDOM  OF  EXPRESSION,  AND FREEDOM OF ASSOCIATION
 UNDER THE LAW AND AGAINST THE DENIAL OR ABRIDGEMENT OF THE VOTING RIGHTS
 OF MEMBERS OF A RACE, COLOR,  OR  LANGUAGE-MINORITY  GROUP,  IT  IS  THE
 PUBLIC POLICY OF THE STATE OF NEW YORK TO:
   1.  ENCOURAGE  PARTICIPATION IN THE ELECTIVE FRANCHISE BY ALL ELIGIBLE
 VOTERS TO THE MAXIMUM EXTENT; AND
   2. ENSURE THAT ELIGIBLE VOTERS WHO ARE MEMBERS OF RACIAL,  COLOR,  AND
 LANGUAGE-MINORITY  GROUPS SHALL HAVE AN EQUAL OPPORTUNITY TO PARTICIPATE
 IN THE POLITICAL PROCESSES OF THE STATE OF NEW YORK, AND  ESPECIALLY  TO
 EXERCISE THE ELECTIVE FRANCHISE.
   § 17-202. INTERPRETATION  OF  LAWS  RELATED TO THE ELECTIVE FRANCHISE.
 IN FURTHER RECOGNITION OF THE PROTECTIONS FOR THE RIGHT TO VOTE PROVIDED
 BY THE CONSTITUTION OF THE STATE OF NEW YORK, ALL  STATUTES,  RULES  AND
 REGULATIONS,  AND LOCAL LAWS OR ORDINANCES RELATED TO THE ELECTIVE FRAN-
 CHISE SHALL BE CONSTRUED LIBERALLY IN FAVOR OF (A) PROTECTING THE  RIGHT
 OF  VOTERS  TO  HAVE  THEIR  BALLOT  CAST AND COUNTED; (B) ENSURING THAT
 ELIGIBLE VOTERS ARE NOT IMPAIRED IN REGISTERING TO VOTE, AND (C)  ENSUR-
 ING  VOTERS  OF RACE, COLOR, AND LANGUAGE-MINORITY GROUPS HAVE EQUITABLE
 ACCESS TO FULLY PARTICIPATE IN THE ELECTORAL PROCESS IN  REGISTERING  TO
 VOTE  AND  VOTING.    THE  AUTHORITY  TO PRESCRIBE OR MAINTAIN VOTING OR
 ELECTIONS POLICIES AND PRACTICES CANNOT BE SO EXERCISED AS  TO  UNNECES-
 SARILY  DENY  OR ABRIDGE THE RIGHT TO VOTE.  POLICIES AND PRACTICES THAT
 S. 1046--E                          3
 
 BURDEN THE RIGHT TO VOTE MUST BE NARROWLY TAILORED TO PROMOTE A  COMPEL-
 LING   POLICY  JUSTIFICATION  THAT  MUST  BE  SUPPORTED  BY  SUBSTANTIAL
 EVIDENCE.
   § 17-204. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   1. "AT-LARGE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS TO
 THE  GOVERNING  BODY OF A POLITICAL SUBDIVISION: (A) IN WHICH ALL OF THE
 VOTERS OF THE ENTIRE POLITICAL SUBDIVISION ELECT EACH OF THE MEMBERS  TO
 THE  GOVERNING  BODY; (B) IN WHICH THE CANDIDATES ARE REQUIRED TO RESIDE
 WITHIN GIVEN AREAS OF THE POLITICAL SUBDIVISION AND ALL OF THE VOTERS OF
 THE ENTIRE POLITICAL SUBDIVISION  ELECT  EACH  OF  THE  MEMBERS  TO  THE
 GOVERNING  BODY;  OR (C) THAT COMBINES AT-LARGE ELECTIONS WITH DISTRICT-
 BASED ELECTIONS, UNLESS THE ONLY MEMBER OF THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION ELECTED AT-LARGE HOLDS EXCLUSIVELY EXECUTIVE RESPONSI-
 BILITIES. FOR THE PURPOSES OF THIS TITLE, AT-LARGE  METHOD  OF  ELECTION
 DOES  NOT  INCLUDE  RANKED-CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED
 VOTING.
   2. "DISTRICT-BASED" METHOD OF ELECTION  MEANS  A  METHOD  OF  ELECTING
 MEMBERS  TO  THE  GOVERNING  BODY  OF  A  POLITICAL  SUBDIVISION USING A
 DISTRICTING OR REDISTRICTING PLAN IN WHICH EACH MEMBER OF THE  GOVERNING
 BODY  RESIDES  WITHIN A DISTRICT OR WARD THAT IS A DIVISIBLE PART OF THE
 POLITICAL SUBDIVISION AND IS ELECTED ONLY BY VOTERS RESIDING WITHIN THAT
 DISTRICT OR WARD, EXCEPT FOR A MEMBER OF THE GOVERNING BODY  THAT  HOLDS
 EXCLUSIVELY EXECUTIVE RESPONSIBILITIES.
   3. "ALTERNATIVE" METHOD OF ELECTION MEANS A METHOD OF ELECTING MEMBERS
 TO  THE  GOVERNING  BODY OF A POLITICAL SUBDIVISION USING A METHOD OTHER
 THAN AT-LARGE OR DISTRICT-BASED, INCLUDING, BUT NOT LIMITED TO,  RANKED-
 CHOICE VOTING, CUMULATIVE VOTING, AND LIMITED VOTING.
   4.  "POLITICAL  SUBDIVISION" MEANS A GEOGRAPHIC AREA OF REPRESENTATION
 CREATED FOR THE PROVISION OF GOVERNMENT  SERVICES,  INCLUDING,  BUT  NOT
 LIMITED TO, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER
 DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   5.  "PROTECTED CLASS" MEANS A CLASS OF ELIGIBLE VOTERS WHO ARE MEMBERS
 OF A RACE, COLOR, OR LANGUAGE-MINORITY GROUP.
   5-A. "LANGUAGE MINORITIES" OR "LANGUAGE-MINORITY GROUP" MEANS  PERSONS
 WHO  ARE  AMERICAN INDIAN, ASIAN AMERICAN, ALASKAN NATIVES OR OF SPANISH
 HERITAGE.
   6. "RACIALLY POLARIZED VOTING" MEANS VOTING IN WHICH THERE IS A DIVER-
 GENCE IN THE CANDIDATE, POLITICAL PREFERENCES, OR  ELECTORAL  CHOICE  OF
 MEMBERS IN A PROTECTED CLASS FROM THE CANDIDATES, OR ELECTORAL CHOICE OF
 THE REST OF THE ELECTORATE.
   7.  "FEDERAL VOTING RIGHTS ACT" MEANS THE FEDERAL VOTING RIGHTS ACT OF
 1965, 52 U.S.C. § 10301 ET SEQ., AS AMENDED.
   8. THE "CIVIL RIGHTS BUREAU" MEANS THE  CIVIL  RIGHTS  BUREAU  OF  THE
 OFFICE OF THE ATTORNEY GENERAL.
   9. "GOVERNMENT ENFORCEMENT ACTION" MEANS A DENIAL OF ADMINISTRATIVE OR
 JUDICIAL  PRECLEARANCE BY THE STATE OR FEDERAL GOVERNMENT, PENDING LITI-
 GATION FILED BY A FEDERAL OR STATE ENTITY, A FINAL JUDGMENT  OR  ADJUDI-
 CATION, A CONSENT DECREE, OR SIMILAR FORMAL ACTION.
   10.  "DECEPTIVE  OR  FRAUDULENT DEVICE, CONTRIVANCE, OR COMMUNICATION"
 MEANS ONE THAT CONTAINS FALSE INFORMATION PERTAINING TO: (A)  THE  TIME,
 PLACE,   AND   MANNER   OF  ANY  ELECTION;  (B)  THE  QUALIFICATIONS  OR
 RESTRICTIONS ON VOTER ELIGIBILITY FOR SUCH ELECTION; OR (C) A  STATEMENT
 OF  ENDORSEMENT  BY  ANY  SPECIFICALLY NAMED PERSON, POLITICAL PARTY, OR
 ORGANIZATION.
   § 17-206. PROHIBITIONS ON  VOTER  DISENFRANCHISEMENT.  1.  PROHIBITION
 AGAINST  VOTER SUPPRESSION. (A) NO VOTING QUALIFICATION, PREREQUISITE TO
 S. 1046--E                          4
 
 VOTING, LAW, ORDINANCE, STANDARD, PRACTICE,  PROCEDURE,  REGULATION,  OR
 POLICY  SHALL  BE  ENACTED  OR  IMPLEMENTED BY ANY BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION IN A MANNER THAT RESULTS IN A DENIAL  OR  ABRIDGE-
 MENT OF THE RIGHT OF MEMBERS OF A PROTECTED CLASS TO VOTE.
   (B)  A  VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE ESTAB-
 LISHED UPON A SHOWING THAT, BASED ON THE TOTALITY OF THE  CIRCUMSTANCES,
 MEMBERS  OF A PROTECTED CLASS HAVE LESS OPPORTUNITY THAN THE REST OF THE
 ELECTORATE TO ELECT CANDIDATES OF THEIR CHOICE OR INFLUENCE THE  OUTCOME
 OF ELECTIONS.
   2.  PROHIBITION  AGAINST  VOTE  DILUTION. (A) NO BOARD OF ELECTIONS OR
 POLITICAL SUBDIVISION SHALL USE  ANY  METHOD  OF  ELECTION,  HAVING  THE
 EFFECT OF IMPAIRING THE ABILITY OF MEMBERS OF A PROTECTED CLASS TO ELECT
 CANDIDATES  OF  THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS, AS A
 RESULT OF VOTE DILUTION.
   (B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL  BE  ESTAB-
 LISHED UPON A SHOWING THAT A POLITICAL SUBDIVISION:
   (I)  USED  AN  AT-LARGE  METHOD  OF  ELECTION  AND  EITHER: (A) VOTING
 PATTERNS OF MEMBERS OF THE PROTECTED CLASS WITHIN THE POLITICAL SUBDIVI-
 SION ARE RACIALLY POLARIZED; OR (B) UNDER THE TOTALITY  OF  THE  CIRCUM-
 STANCES,  THE  ABILITY OF MEMBERS OF THE PROTECTED CLASS TO ELECT CANDI-
 DATES OF THEIR CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED;
 OR
   (II) USED A DISTRICT-BASED OR ALTERNATIVE METHOD OF ELECTION AND  THAT
 CANDIDATES  OR  ELECTORAL  CHOICES PREFERRED BY MEMBERS OF THE PROTECTED
 CLASS WOULD USUALLY BE DEFEATED, AND  EITHER:  (A)  VOTING  PATTERNS  OF
 MEMBERS  OF  THE  PROTECTED  CLASS  WITHIN THE POLITICAL SUBDIVISION ARE
 RACIALLY POLARIZED; OR (B) UNDER THE TOTALITY OF THE CIRCUMSTANCES,  THE
 ABILITY  OF  MEMBERS OF THE PROTECTED CLASS TO ELECT CANDIDATES OF THEIR
 CHOICE OR INFLUENCE THE OUTCOME OF ELECTIONS IS IMPAIRED; OR
   (C) FOR THE PURPOSES OF DEMONSTRATING THAT A  VIOLATION  OF  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION  HAS  OCCURRED, EVIDENCE SHALL BE WEIGHED AND
 CONSIDERED AS FOLLOWS: (I) ELECTIONS CONDUCTED PRIOR TO THE FILING OF AN
 ACTION PURSUANT TO THIS SUBDIVISION ARE MORE  PROBATIVE  THAN  ELECTIONS
 CONDUCTED  AFTER  THE  FILING  OF  THE  ACTION; (II) EVIDENCE CONCERNING
 ELECTIONS FOR MEMBERS OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISION
 ARE MORE PROBATIVE  THAN  EVIDENCE  CONCERNING  OTHER  ELECTIONS;  (III)
 STATISTICAL  EVIDENCE  IS  MORE PROBATIVE THAN NON-STATISTICAL EVIDENCE;
 (IV) WHERE THERE IS EVIDENCE THAT  MORE  THAN  ONE  PROTECTED  CLASS  OF
 ELIGIBLE  VOTERS  ARE POLITICALLY COHESIVE IN THE POLITICAL SUBDIVISION,
 MEMBERS OF EACH OF THOSE PROTECTED CLASSES MAY BE COMBINED; (V) EVIDENCE
 CONCERNING THE INTENT ON THE PART OF THE VOTERS, ELECTED  OFFICIALS,  OR
 THE  POLITICAL  SUBDIVISION TO DISCRIMINATE AGAINST A PROTECTED CLASS IS
 NOT REQUIRED; (VI) EVIDENCE THAT VOTING PATTERNS AND  ELECTION  OUTCOMES
 COULD  BE  EXPLAINED  BY  FACTORS  OTHER THAN RACIALLY POLARIZED VOTING,
 INCLUDING BUT NOT LIMITED TO  PARTISANSHIP,  SHALL  NOT  BE  CONSIDERED;
 (VII)  EVIDENCE  THAT SUB-GROUPS WITHIN A PROTECTED CLASS HAVE DIFFERENT
 VOTING PATTERNS SHALL NOT  BE  CONSIDERED;  (VIII)  EVIDENCE  CONCERNING
 WHETHER  MEMBERS  OF  A  PROTECTED  CLASS  ARE GEOGRAPHICALLY COMPACT OR
 CONCENTRATED SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR IN DETERMINING
 AN APPROPRIATE REMEDY; AND (IX) EVIDENCE CONCERNING PROJECTED CHANGES IN
 POPULATION OR DEMOGRAPHICS SHALL NOT BE CONSIDERED, BUT MAY BE A FACTOR,
 IN DETERMINING AN APPROPRIATE REMEDY.
   3. IN DETERMINING WHETHER, UNDER THE TOTALITY OF THE CIRCUMSTANCES,  A
 VIOLATION  OF  SUBDIVISION  ONE  OR  TWO  OF  THIS SECTION HAS OCCURRED,
 FACTORS THAT MAY BE CONSIDERED SHALL INCLUDE, BUT NOT BE LIMITED TO: (A)
 THE HISTORY OF DISCRIMINATION IN OR AFFECTING THE POLITICAL SUBDIVISION;
 S. 1046--E                          5
 
 (B) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS HAVE BEEN ELECTED
 TO OFFICE IN THE POLITICAL SUBDIVISION; (C) THE USE OF ANY VOTING QUALI-
 FICATION, PREREQUISITE TO VOTING, LAW,  ORDINANCE,  STANDARD,  PRACTICE,
 PROCEDURE,  REGULATION,  OR POLICY THAT MAY ENHANCE THE DILUTIVE EFFECTS
 OF THE ELECTION SCHEME; (D) DENYING ELIGIBLE VOTERS  OR  CANDIDATES  WHO
 ARE MEMBERS OF THE PROTECTED CLASS TO PROCESSES DETERMINING WHICH GROUPS
 OF  CANDIDATES RECEIVE ACCESS TO THE BALLOT, FINANCIAL SUPPORT, OR OTHER
 SUPPORT IN A GIVEN ELECTION; (E) THE EXTENT  TO  WHICH  MEMBERS  OF  THE
 PROTECTED  CLASS  CONTRIBUTE  TO POLITICAL CAMPAIGNS AT LOWER RATES; (F)
 THE EXTENT TO WHICH MEMBERS OF A PROTECTED CLASS IN THE STATE  OR  POLI-
 TICAL SUBDIVISION VOTE AT LOWER RATES THAN OTHER MEMBERS OF THE ELECTOR-
 ATE;  (G)  THE EXTENT TO WHICH MEMBERS OF THE PROTECTED CLASS ARE DISAD-
 VANTAGED IN AREAS INCLUDING BUT NOT LIMITED  TO  EDUCATION,  EMPLOYMENT,
 HEALTH,   CRIMINAL   JUSTICE,   HOUSING,   LAND  USE,  OR  ENVIRONMENTAL
 PROTECTION; (H) THE EXTENT TO WHICH MEMBERS OF THE PROTECTED  CLASS  ARE
 DISADVANTAGED  IN  OTHER AREAS WHICH MAY HINDER THEIR ABILITY TO PARTIC-
 IPATE EFFECTIVELY IN THE POLITICAL PROCESS; (I)  THE  USE  OF  OVERT  OR
 SUBTLE  RACIAL APPEALS IN POLITICAL CAMPAIGNS; (J) A SIGNIFICANT LACK OF
 RESPONSIVENESS ON THE PART OF ELECTED OFFICIALS  TO  THE  PARTICULARIZED
 NEEDS  OF  MEMBERS OF THE PROTECTED CLASS; AND (K) WHETHER THE POLITICAL
 SUBDIVISION HAS A COMPELLING POLICY JUSTIFICATION THAT IS  SUBSTANTIATED
 AND  SUPPORTED  BY  EVIDENCE  FOR  ADOPTING OR MAINTAINING THE METHOD OF
 ELECTION OR THE VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDI-
 NANCE, STANDARD, PRACTICE, PROCEDURE, REGULATION, OR POLICY.  NOTHING IN
 THIS SUBDIVISION  SHALL  PRECLUDE  ANY  ADDITIONAL  FACTORS  FROM  BEING
 CONSIDERED,  NOR  SHALL  ANY  SPECIFIED NUMBER OF FACTORS BE REQUIRED IN
 ESTABLISHING THAT SUCH A VIOLATION HAS OCCURRED.
   4. STANDING.  ANY  AGGRIEVED  PERSON,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED CLASS, ORGANIZATION
 WHOSE  MISSION, IN WHOLE OR IN PART, IS TO ENSURE VOTING ACCESS AND SUCH
 MISSION WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE  ATTOR-
 NEY  GENERAL MAY FILE AN ACTION AGAINST A POLITICAL SUBDIVISION PURSUANT
 TO THIS SECTION IN THE SUPREME COURT OF THE COUNTY IN  WHICH  THE  POLI-
 TICAL SUBDIVISION IS LOCATED.
   5.  REMEDIES.  (A)  UPON  A FINDING OF A VIOLATION OF ANY PROVISION OF
 THIS SECTION, THE COURT SHALL IMPLEMENT APPROPRIATE REMEDIES  TO  ENSURE
 THAT  VOTERS OF RACE, COLOR, AND LANGUAGE-MINORITY GROUPS HAVE EQUITABLE
 ACCESS TO FULLY PARTICIPATE IN THE ELECTORAL PROCESS, WHICH MAY INCLUDE,
 BUT SHALL NOT BE LIMITED TO:
   (I) A DISTRICT-BASED METHOD OF ELECTION;
   (II) AN ALTERNATIVE METHOD OF ELECTION;
   (III) NEW OR REVISED DISTRICTING OR REDISTRICTING PLANS;
   (IV) ELIMINATION OF STAGGERED ELECTIONS SO THAT  ALL  MEMBERS  OF  THE
 GOVERNING BODY ARE ELECTED ON THE SAME DATE;
   (V) REASONABLY INCREASING THE SIZE OF THE GOVERNING BODY;
   (VI)  MOVING  THE DATES OF REGULAR ELECTIONS TO BE CONCURRENT WITH THE
 PRIMARY OR GENERAL ELECTION DATES FOR STATE, COUNTY, OR CITY  OFFICE  AS
 ESTABLISHED  IN SECTION EIGHT OF ARTICLE THREE OR SECTION EIGHT OF ARTI-
 CLE THIRTEEN OF THE CONSTITUTION, UNLESS THE BUDGET  IN  SUCH  POLITICAL
 SUBDIVISION  IS SUBJECT TO DIRECT VOTER APPROVAL PURSUANT TO PART TWO OF
 ARTICLE FIVE OR ARTICLE FORTY-ONE OF THE EDUCATION LAW;
   (VII) TRANSFERRING AUTHORITY FOR  CONDUCTING  THE  POLITICAL  SUBDIVI-
 SION'S  ELECTIONS  TO THE BOARD OF ELECTIONS FOR THE COUNTY IN WHICH THE
 POLITICAL SUBDIVISION IS LOCATED;
   (VIII) ADDITIONAL VOTING HOURS OR DAYS;
   (IX) ADDITIONAL POLLING LOCATIONS;
 S. 1046--E                          6
 
   (X) ADDITIONAL MEANS OF VOTING SUCH AS VOTING BY MAIL;
   (XI) ORDERING OF SPECIAL ELECTIONS;
   (XII) REQUIRING EXPANDED OPPORTUNITIES FOR VOTER REGISTRATION;
   (XIII) REQUIRING ADDITIONAL VOTER EDUCATION;
   (XIV) MODIFYING THE ELECTION CALENDAR;
   (XV) THE RESTORATION OR ADDITION OF PERSONS TO REGISTRATION LISTS; OR
   (XVI) RETAINING JURISDICTION FOR SUCH PERIOD OF TIME ON A GIVEN MATTER
 AS  THE  COURT  MAY DEEM APPROPRIATE, DURING WHICH NO REDISTRICTING PLAN
 SHALL BE ENFORCED UNLESS AND UNTIL THE COURT FINDS THAT SUCH  PLAN  DOES
 NOT  HAVE  THE  PURPOSE  OF  DILUTING  THE RIGHT TO VOTE ON THE BASIS OF
 PROTECTED CLASS MEMBERSHIP, OR IN CONTRAVENTION OF THE VOTING GUARANTEES
 SET FORTH IN THIS TITLE, EXCEPT THAT THE COURT'S FINDING SHALL NOT BAR A
 SUBSEQUENT ACTION TO ENJOIN ENFORCEMENT OF SUCH REDISTRICTING PLAN.
   (B) THE COURT SHALL CONSIDER PROPOSED  REMEDIES  BY  ANY  PARTIES  AND
 INTERESTED NON-PARTIES, BUT SHALL NOT PROVIDE DEFERENCE OR PRIORITY TO A
 PROPOSED  REMEDY  OFFERED BY THE POLITICAL SUBDIVISION.  THE COURT SHALL
 HAVE THE POWER TO REQUIRE A POLITICAL SUBDIVISION TO IMPLEMENT  REMEDIES
 THAT  ARE INCONSISTENT WITH ANY OTHER PROVISION OF LAW WHERE SUCH INCON-
 SISTENT PROVISION OF LAW WOULD  PRECLUDE  THE  COURT  FROM  ORDERING  AN
 OTHERWISE APPROPRIATE REMEDY IN SUCH MATTER.
   6.  PROCEDURES  FOR  IMPLEMENTING NEW OR REVISED DISTRICTING OR REDIS-
 TRICTING PLANS. THE GOVERNING BODY OF A POLITICAL SUBDIVISION  WITH  THE
 AUTHORITY  UNDER  THIS  TITLE AND ALL APPLICABLE STATE AND LOCAL LAWS TO
 ENACT AND IMPLEMENT A NEW METHOD OF  ELECTION  THAT  WOULD  REPLACE  THE
 POLITICAL  SUBDIVISION'S  AT-LARGE  METHOD  OF ELECTION WITH A DISTRICT-
 BASED OR ALTERNATIVE METHOD OF ELECTION, OR ENACT AND  IMPLEMENT  A  NEW
 DISTRICTING  OR  REDISTRICTING  PLAN,  SHALL UNDERTAKE EACH OF THE STEPS
 ENUMERATED IN THIS SUBDIVISION, IF PROPOSED SUBSEQUENT TO RECEIPT  OF  A
 NYVRA  NOTIFICATION  LETTER,  AS  DEFINED  IN  SUBDIVISION SEVEN OF THIS
 SECTION, OR THE FILING OF A CLAIM PURSUANT TO THIS TITLE OR THE  FEDERAL
 VOTING RIGHTS ACT.
   (A)  BEFORE DRAWING A DRAFT DISTRICTING OR REDISTRICTING PLAN OR PLANS
 OF THE PROPOSED BOUNDARIES OF THE DISTRICTS, THE  POLITICAL  SUBDIVISION
 SHALL  HOLD  AT  LEAST TWO PUBLIC HEARINGS OVER A PERIOD OF NO MORE THAN
 THIRTY DAYS, AT WHICH THE PUBLIC IS INVITED TO PROVIDE  INPUT  REGARDING
 THE  COMPOSITION  OF THE DISTRICTS. BEFORE THESE HEARINGS, THE POLITICAL
 SUBDIVISION MAY CONDUCT OUTREACH TO THE PUBLIC, INCLUDING  TO  NON-ENGL-
 ISH-SPEAKING  COMMUNITIES,  TO  EXPLAIN THE DISTRICTING OR REDISTRICTING
 PROCESS AND TO ENCOURAGE PUBLIC PARTICIPATION.
   (B) AFTER ALL DRAFT DISTRICTING OR REDISTRICTING PLANS ARE DRAWN,  THE
 POLITICAL  SUBDIVISION  SHALL  PUBLISH AND MAKE AVAILABLE FOR RELEASE AT
 LEAST ONE DRAFT DISTRICTING OR REDISTRICTING PLAN AND, IF MEMBERS OF THE
 GOVERNING BODY OF THE POLITICAL SUBDIVISION WOULD BE  ELECTED  IN  THEIR
 DISTRICTS  AT  DIFFERENT TIMES TO PROVIDE FOR STAGGERED TERMS OF OFFICE,
 THE POTENTIAL SEQUENCE OF  SUCH  ELECTIONS.  THE  POLITICAL  SUBDIVISION
 SHALL  ALSO  HOLD  AT  LEAST TWO ADDITIONAL HEARINGS OVER A PERIOD OF NO
 MORE THAN FORTY-FIVE DAYS, AT WHICH  THE  PUBLIC  SHALL  BE  INVITED  TO
 PROVIDE  INPUT  REGARDING THE CONTENT OF THE DRAFT DISTRICTING OR REDIS-
 TRICTING PLAN OR PLANS AND THE PROPOSED SEQUENCE OF ELECTIONS, IF APPLI-
 CABLE.  THE DRAFT DISTRICTING OR REDISTRICTING PLAN OR  PLANS  SHALL  BE
 PUBLISHED  AT LEAST SEVEN DAYS BEFORE CONSIDERATION AT A HEARING. IF THE
 DRAFT DISTRICTING OR REDISTRICTING PLAN  OR  PLANS  ARE  REVISED  AT  OR
 FOLLOWING  A  HEARING,  THE REVISED VERSIONS SHALL BE PUBLISHED AND MADE
 AVAILABLE TO THE PUBLIC FOR AT LEAST SEVEN DAYS BEFORE BEING ADOPTED.
   (C) IN DETERMINING  THE  FINAL  SEQUENCE  OF  THE  DISTRICT  ELECTIONS
 CONDUCTED  IN  A POLITICAL SUBDIVISION IN WHICH MEMBERS OF THE GOVERNING
 S. 1046--E                          7

 BODY WILL BE ELECTED AT DIFFERENT TIMES TO PROVIDE FOR  STAGGERED  TERMS
 OF  OFFICE,  THE  GOVERNING BODY SHALL GIVE SPECIAL CONSIDERATION TO THE
 PURPOSES OF THIS TITLE, AND IT SHALL TAKE INTO ACCOUNT  THE  PREFERENCES
 EXPRESSED BY MEMBERS OF THE DISTRICTS.
   7.  NOTIFICATION  REQUIREMENT  AND  SAFE  HARBOR FOR JUDICIAL ACTIONS.
 BEFORE COMMENCING A JUDICIAL  ACTION  AGAINST  A  POLITICAL  SUBDIVISION
 UNDER THIS SECTION, A PROSPECTIVE PLAINTIFF SHALL SEND BY CERTIFIED MAIL
 A  WRITTEN  NOTICE TO THE CLERK OF THE POLITICAL SUBDIVISION, OR, IF THE
 POLITICAL SUBDIVISION DOES NOT HAVE A CLERK, THE GOVERNING BODY  OF  THE
 POLITICAL  SUBDIVISION,  AGAINST  WHICH  THE  ACTION  WOULD  BE BROUGHT,
 ASSERTING THAT THE POLITICAL SUBDIVISION MAY BE  IN  VIOLATION  OF  THIS
 TITLE. THIS WRITTEN NOTICE SHALL BE REFERRED TO AS A "NYVRA NOTIFICATION
 LETTER"  IN  THIS  TITLE.  FOR  ACTIONS AGAINST A SCHOOL DISTRICT OR ANY
 OTHER POLITICAL SUBDIVISION THAT HOLDS ELECTIONS GOVERNED BY THE  EDUCA-
 TION  LAW, THE PROSPECTIVE PLAINTIFF SHALL ALSO SEND BY CERTIFIED MAIL A
 COPY OF THE NYVRA NOTIFICATION LETTER TO THE COMMISSIONER OF EDUCATION.
   (A) A PROSPECTIVE PLAINTIFF  SHALL  NOT  COMMENCE  A  JUDICIAL  ACTION
 AGAINST  A POLITICAL SUBDIVISION UNDER THIS SECTION WITHIN FIFTY DAYS OF
 SENDING TO THE POLITICAL SUBDIVISION A NYVRA NOTIFICATION LETTER.
   (B) BEFORE RECEIVING A NYVRA NOTIFICATION LETTER, OR WITHIN FIFTY DAYS
 OF MAILING OF A NYVRA NOTIFICATION LETTER, THE GOVERNING BODY OF A POLI-
 TICAL SUBDIVISION MAY PASS A RESOLUTION  AFFIRMING:  (I)  THE  POLITICAL
 SUBDIVISION'S  INTENTION TO ENACT AND IMPLEMENT A REMEDY FOR A POTENTIAL
 VIOLATION OF THIS TITLE; (II) SPECIFIC STEPS THE  POLITICAL  SUBDIVISION
 WILL UNDERTAKE TO FACILITATE APPROVAL AND IMPLEMENTATION OF SUCH A REME-
 DY;  AND  (III)  A SCHEDULE FOR ENACTING AND IMPLEMENTING SUCH A REMEDY.
 SUCH A RESOLUTION SHALL BE REFERRED TO AS A "NYVRA RESOLUTION"  IN  THIS
 TITLE.  IF A POLITICAL SUBDIVISION PASSES A NYVRA RESOLUTION, SUCH POLI-
 TICAL SUBDIVISION SHALL HAVE NINETY DAYS AFTER SUCH PASSAGE TO ENACT AND
 IMPLEMENT SUCH REMEDY, DURING WHICH A PROSPECTIVE  PLAINTIFF  SHALL  NOT
 COMMENCE  AN ACTION TO ENFORCE THIS SECTION AGAINST THE POLITICAL SUBDI-
 VISION.   FOR ACTIONS AGAINST A SCHOOL  DISTRICT,  THE  COMMISSIONER  OF
 EDUCATION  MAY ORDER THE ENACTMENT OF A NYVRA RESOLUTION PURSUANT TO THE
 COMMISSIONER'S AUTHORITY UNDER SECTION THREE HUNDRED FIVE OF THE  EDUCA-
 TION LAW.
   (C) IF THE GOVERNING BODY OF A POLITICAL SUBDIVISION LACKS THE AUTHOR-
 ITY  UNDER  THIS TITLE OR APPLICABLE STATE LAW OR LOCAL LAWS TO ENACT OR
 IMPLEMENT A REMEDY IDENTIFIED IN A NYVRA RESOLUTION, OR FAILS  TO  ENACT
 OR  IMPLEMENT  A  REMEDY IDENTIFIED IN A NYVRA RESOLUTION, WITHIN NINETY
 DAYS AFTER THE PASSAGE OF THE NYVRA  RESOLUTION,  OR  IF  THE  POLITICAL
 SUBDIVISION  IS A COVERED ENTITY AS DEFINED UNDER SECTION 17-210 OF THIS
 TITLE, THE GOVERNING BODY OF THE POLITICAL SUBDIVISION  SHALL  UNDERTAKE
 THE STEPS ENUMERATED IN THE FOLLOWING PROVISIONS:
   (I)  THE  GOVERNING  BODY  OF  THE POLITICAL SUBDIVISION MAY APPROVE A
 PROPOSED REMEDY THAT COMPLIES WITH THIS TITLE AND SUBMIT SUCH A PROPOSED
 REMEDY TO THE CIVIL RIGHTS BUREAU.  SUCH A SUBMISSION SHALL BE  REFERRED
 TO AS A "NYVRA PROPOSAL" IN THIS TITLE.
   (II)  PRIOR  TO  PASSING  A  NYVRA PROPOSAL, THE POLITICAL SUBDIVISION
 SHALL HOLD AT LEAST ONE PUBLIC HEARING, AT WHICH  THE  PUBLIC  SHALL  BE
 INVITED  TO  PROVIDE  INPUT  REGARDING THE NYVRA PROPOSAL.   BEFORE THIS
 HEARING, THE POLITICAL SUBDIVISION MAY CONDUCT OUTREACH TO  THE  PUBLIC,
 INCLUDING  TO  NON-ENGLISH-SPEAKING  COMMUNITIES,  TO  ENCOURAGE  PUBLIC
 PARTICIPATION.
   (III) WITHIN FORTY-FIVE DAYS OF RECEIPT OF A NYVRA PROPOSAL, THE CIVIL
 RIGHTS BUREAU SHALL GRANT OR DENY APPROVAL OF THE NYVRA PROPOSAL.
 S. 1046--E                          8
 
   (IV) THE CIVIL RIGHTS BUREAU SHALL ONLY GRANT APPROVAL  TO  THE  NYVRA
 PROPOSAL  IF  IT CONCLUDES THAT: (A) THE POLITICAL SUBDIVISION MAY BE IN
 VIOLATION OF THIS TITLE; (B) THE NYVRA PROPOSAL WOULD REMEDY ANY  POTEN-
 TIAL  VIOLATION  OF  THIS  TITLE;  (C) THE NYVRA PROPOSAL IS UNLIKELY TO
 VIOLATE  THE  CONSTITUTION  OR  ANY  FEDERAL LAW; (D) THE NYVRA PROPOSAL
 WOULD NOT DIMINISH THE ABILITY OF PROTECTED CLASS MEMBERS TO PARTICIPATE
 IN THE POLITICAL PROCESS AND TO  ELECT  THEIR  PREFERRED  CANDIDATES  TO
 OFFICE; AND (E) IMPLEMENTATION OF THE NYVRA PROPOSAL IS FEASIBLE.
   (V)  IF  THE  CIVIL  RIGHTS BUREAU GRANTS APPROVAL, THE NYVRA PROPOSAL
 SHALL BE ENACTED AND IMPLEMENTED IMMEDIATELY, NOTWITHSTANDING ANY  OTHER
 PROVISION OF LAW, INCLUDING ANY OTHER STATE OR LOCAL LAW.
   (VI) IF THE POLITICAL SUBDIVISION IS A COVERED ENTITY AS DEFINED UNDER
 SECTION  17-210  OF  THIS  TITLE, THE POLITICAL SUBDIVISION SHALL NOT BE
 REQUIRED TO OBTAIN PRECLEARANCE FOR THE NYVRA PROPOSAL PURSUANT TO  SUCH
 SECTION UPON APPROVAL OF THE NYVRA PROPOSAL BY THE CIVIL RIGHTS BUREAU.
   (VII)  IF  THE CIVIL RIGHTS BUREAU DENIES APPROVAL, THE NYVRA PROPOSAL
 SHALL NOT BE ENACTED OR  IMPLEMENTED.  THE  CIVIL  RIGHTS  BUREAU  SHALL
 EXPLAIN  THE  BASIS  FOR  SUCH  DENIAL  AND MAY, IN ITS DISCRETION, MAKE
 RECOMMENDATIONS FOR AN ALTERNATIVE  REMEDY  FOR  WHICH  IT  WOULD  GRANT
 APPROVAL.
   (VIII) IF THE CIVIL RIGHTS BUREAU DOES NOT RESPOND, THE NYVRA PROPOSAL
 SHALL NOT BE ENACTED OR IMPLEMENTED.
   (D)  A  POLITICAL  SUBDIVISION  THAT HAS PASSED A NYVRA RESOLUTION MAY
 ENTER INTO AN AGREEMENT WITH THE PROSPECTIVE  PLAINTIFF  PROVIDING  THAT
 SUCH PROSPECTIVE PLAINTIFF SHALL NOT COMMENCE AN ACTION PURSUANT TO THIS
 SECTION AGAINST THE POLITICAL SUBDIVISION FOR AN ADDITIONAL NINETY DAYS.
 SUCH  AGREEMENT  SHALL  INCLUDE  A REQUIREMENT THAT EITHER THE POLITICAL
 SUBDIVISION SHALL ENACT AND IMPLEMENT A REMEDY THAT COMPLIES  WITH  THIS
 TITLE  OR  THE  POLITICAL  SUBDIVISION  SHALL  PASS A NYVRA PROPOSAL AND
 SUBMIT IT TO THE CIVIL RIGHTS BUREAU.
   (E) IF, PURSUANT TO  A  PROCESS  COMMENCED  BY  A  NYVRA  NOTIFICATION
 LETTER,  A  POLITICAL  SUBDIVISION  ENACTS OR IMPLEMENTS A REMEDY OR THE
 CIVIL RIGHTS BUREAU GRANTS APPROVAL TO A NYVRA PROPOSAL,  A  PROSPECTIVE
 PLAINTIFF WHO SENT THE NYVRA NOTIFICATION LETTER MAY, WITHIN THIRTY DAYS
 OF  THE  ENACTMENT  OR  IMPLEMENTATION  OF THE REMEDY OR APPROVAL OF THE
 NYVRA PROPOSAL, DEMAND REIMBURSEMENT FOR THE COST OF  THE  WORK  PRODUCT
 GENERATED TO SUPPORT THE NYVRA NOTIFICATION LETTER. A PROSPECTIVE PLAIN-
 TIFF  SHALL MAKE THE DEMAND IN WRITING AND SHALL SUBSTANTIATE THE DEMAND
 WITH FINANCIAL DOCUMENTATION, SUCH AS A DETAILED INVOICE FOR  DEMOGRAPHY
 SERVICES  OR FOR THE ANALYSIS OF VOTING PATTERNS IN THE POLITICAL SUBDI-
 VISION. A POLITICAL SUBDIVISION MAY REQUEST ADDITIONAL DOCUMENTATION  IF
 THE  PROVIDED  DOCUMENTATION  IS INSUFFICIENT TO CORROBORATE THE CLAIMED
 COSTS. A POLITICAL SUBDIVISION SHALL REIMBURSE A  PROSPECTIVE  PLAINTIFF
 FOR REASONABLE COSTS CLAIMED, OR IN AN AMOUNT TO WHICH THE PARTIES MUTU-
 ALLY  AGREE.  THE CUMULATIVE AMOUNT OF REIMBURSEMENTS TO ALL PROSPECTIVE
 PLAINTIFFS, EXCEPT FOR ACTIONS BROUGHT BY THE  ATTORNEY  GENERAL,  SHALL
 NOT  EXCEED  FORTY-THREE  THOUSAND  DOLLARS, AS ADJUSTED ANNUALLY TO THE
 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, UNITED STATES  CITY  AVER-
 AGE,  AS  PUBLISHED  BY  THE  UNITED STATES DEPARTMENT OF LABOR.  TO THE
 EXTENT A PROSPECTIVE PLAINTIFF WHO SENT THE  NYVRA  NOTIFICATION  LETTER
 AND  A  POLITICAL  SUBDIVISION ARE UNABLE TO COME TO A MUTUAL AGREEMENT,
 EITHER PARTY MAY FILE A DECLARATORY JUDGMENT ACTION TO OBTAIN A CLARIFI-
 CATION OF RIGHTS.
   (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, IN  THE  EVENT
 THAT  THE  FIRST  DAY FOR DESIGNATING PETITIONS FOR A POLITICAL SUBDIVI-
 SION'S NEXT REGULAR ELECTION TO SELECT MEMBERS OF  ITS  GOVERNING  BOARD
 S. 1046--E                          9
 
 HAS  BEGUN  OR IS SCHEDULED TO BEGIN WITHIN THIRTY DAYS, OR IN THE EVENT
 THAT A POLITICAL SUBDIVISION IS SCHEDULED TO CONDUCT ANY ELECTION WITHIN
 ONE HUNDRED TWENTY DAYS, A PLAINTIFF  ALLEGING  ANY  VIOLATION  OF  THIS
 TITLE  MAY  COMMENCE  A  JUDICIAL ACTION AGAINST A POLITICAL SUBDIVISION
 UNDER THIS SECTION, PROVIDED THAT THE RELIEF SOUGHT BY SUCH A  PLAINTIFF
 INCLUDES  PRELIMINARY  RELIEF  FOR THAT ELECTION. PRIOR TO OR CONCURRENT
 WITH COMMENCING SUCH A JUDICIAL ACTION, ANY SUCH  PLAINTIFF  SHALL  ALSO
 SUBMIT  A NYVRA NOTIFICATION LETTER TO THE POLITICAL SUBDIVISION. IN THE
 EVENT THAT A JUDICIAL ACTION COMMENCED UNDER THIS PROVISION IS WITHDRAWN
 OR DISMISSED FOR MOOTNESS BECAUSE THE POLITICAL SUBDIVISION HAS  ENACTED
 OR  IMPLEMENTED A REMEDY OR THE CIVIL RIGHTS BUREAU HAS GRANTED APPROVAL
 OF A NYVRA PROPOSAL PURSUANT TO A PROCESS COMMENCED BY A NYVRA NOTIFICA-
 TION LETTER, ANY SUCH PLAINTIFF MAY ONLY DEMAND  REIMBURSEMENT  PURSUANT
 TO THIS SUBDIVISION.
   8.  COALITION CLAIMS PERMITTED. MEMBERS OF DIFFERENT PROTECTED CLASSES
 MAY FILE AN ACTION JOINTLY PURSUANT TO THIS TITLE IN THE EVENT THAT THEY
 DEMONSTRATE  THAT  THE  COMBINED  VOTING  PREFERENCES  OF  THE  MULTIPLE
 PROTECTED CLASSES ARE POLARIZED AGAINST THE REST OF THE ELECTORATE.
   § 17-208. ASSISTANCE FOR LANGUAGE-MINORITY GROUPS. 1. POLITICAL SUBDI-
 VISIONS REQUIRED TO PROVIDE LANGUAGE ASSISTANCE. A BOARD OF ELECTIONS OR
 A   POLITICAL  SUBDIVISION  THAT  ADMINISTERS  ELECTIONS  SHALL  PROVIDE
 LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS TO A LANGUAGE-MINOR-
 ITY GROUP IN A POLITICAL SUBDIVISION IF, BASED ON DATA FROM THE AMERICAN
 COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALITY COLLECTED  BY  A  PUBLIC
 OFFICE, THAT:
   (A) MORE THAN TWO PERCENT, BUT IN NO INSTANCE FEWER THAN THREE HUNDRED
 INDIVIDUALS,  OF  THE  CITIZENS OF VOTING AGE OF A POLITICAL SUBDIVISION
 ARE MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED  ENGLISH
 PROFICIENT.
   (B)  MORE  THAN  FOUR  THOUSAND  OF THE CITIZENS OF VOTING AGE OF SUCH
 POLITICAL SUBDIVISION ARE MEMBERS OF A  SINGLE  LANGUAGE-MINORITY  GROUP
 AND ARE LIMITED ENGLISH PROFICIENT.
   (C)  IN  THE  CASE OF A POLITICAL SUBDIVISION THAT CONTAINS ALL OR ANY
 PART OF A NATIVE AMERICAN RESERVATION, MORE  THAN  TWO  PERCENT  OF  THE
 NATIVE AMERICAN CITIZENS OF VOTING AGE WITHIN THE NATIVE AMERICAN RESER-
 VATION  ARE  MEMBERS OF A SINGLE LANGUAGE-MINORITY GROUP AND ARE LIMITED
 ENGLISH PROFICIENT.  FOR THE PURPOSES OF THIS PARAGRAPH, "NATIVE  AMERI-
 CAN"  IS  DEFINED TO INCLUDE ANY PERSONS RECOGNIZED BY THE UNITED STATES
 CENSUS BUREAU OR NEW YORK AS "AMERICAN INDIAN" OR "ALASKA NATIVE".
   2. LANGUAGE ASSISTANCE TO BE PROVIDED.  A BOARD OF ELECTIONS OR  POLI-
 TICAL  SUBDIVISION  REQUIRED TO PROVIDE LANGUAGE ASSISTANCE TO A PARTIC-
 ULAR LANGUAGE-MINORITY GROUP PURSUANT  TO  THIS  SECTION  SHALL  PROVIDE
 VOTING  MATERIALS  IN  THE  COVERED  LANGUAGE OF AN EQUAL QUALITY OF THE
 CORRESPONDING ENGLISH  LANGUAGE  MATERIALS,  INCLUDING  REGISTRATION  OR
 VOTING  NOTICES,  FORMS, INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR
 INFORMATION RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS.    ANY
 REGISTRATION  OR  VOTING  NOTICES,  FORMS,  INSTRUCTIONS, ASSISTANCE, OR
 OTHER MATERIALS  OR  INFORMATION  RELATING  TO  THE  ELECTORAL  PROCESS,
 INCLUDING BALLOTS, IN A COVERED POLITICAL SUBDIVISION, SHALL BE PROVIDED
 IN  THE LANGUAGE OF THE APPLICABLE LANGUAGE-MINORITY GROUP AS WELL AS IN
 THE ENGLISH LANGUAGE, PROVIDED THAT WHERE THE LANGUAGE OF THE APPLICABLE
 LANGUAGE-MINORITY GROUP IS HISTORICALLY ORAL OR UNWRITTEN, THE BOARD  OF
 ELECTIONS  OR  POLITICAL  SUBDIVISION  SHALL ONLY BE REQUIRED TO FURNISH
 ORAL INSTRUCTIONS, ASSISTANCE, OR OTHER INFORMATION RELATING  TO  REGIS-
 TRATION AND VOTING.
 S. 1046--E                         10

   3.  ACTION FOR DECLARATORY JUDGMENT FOR ENGLISH-ONLY VOTING MATERIALS.
 A BOARD OF ELECTIONS OR POLITICAL SUBDIVISION SUBJECT  TO  THE  REQUIRE-
 MENTS  OF THIS SECTION WHICH SEEKS TO PROVIDE ENGLISH-ONLY MATERIALS MAY
 FILE AN ACTION AGAINST THE STATE FOR A DECLARATORY  JUDGMENT  PERMITTING
 SUCH  PROVISION.  THE COURT SHALL GRANT THE REQUESTED RELIEF IF IT FINDS
 THAT THE DETERMINATION WAS UNREASONABLE OR AN ABUSE OF DISCRETION.
   4. STANDING. ANY  AGGRIEVED  PERSONS,  ORGANIZATION  WHOSE  MEMBERSHIP
 INCLUDES AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED CLASS, ORGANIZATION
 WHOSE  MISSION, IN WHOLE OR IN PART, IS TO ENSURE VOTING ACCESS AND SUCH
 MISSION WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE  ATTOR-
 NEY  GENERAL  MAY FILE AN ACTION PURSUANT TO THIS SECTION IN THE SUPREME
 COURT OF THE COUNTY IN WHICH  THE  ALLEGED  VIOLATION  OF  THIS  SECTION
 OCCURRED.
   5.  THIS  SECTION  SHALL  NOT APPLY TO SPECIAL DISTRICTS AS DEFINED BY
 SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
   § 17-210. PRECLEARANCE. 1. PRECLEARANCE. TO ENSURE THAT THE  RIGHT  TO
 VOTE  IS  NOT DENIED OR ABRIDGED ON ACCOUNT OF RACE, COLOR, OR LANGUAGE-
 MINORITY GROUP, THE ENACTMENT OR IMPLEMENTATION OF A COVERED POLICY BY A
 COVERED ENTITY, AS DEFINED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION
 RESPECTIVELY, SHALL BE SUBJECT  TO  PRECLEARANCE  BY  THE  CIVIL  RIGHTS
 BUREAU OR BY A DESIGNATED COURT AS SET FORTH IN THIS SECTION.
   2. COVERED POLICIES. A "COVERED POLICY" SHALL INCLUDE ANY NEW OR MODI-
 FIED VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE, STAN-
 DARD,  PRACTICE,  PROCEDURE, REGULATION, OR POLICY CONCERNING ANY OF THE
 FOLLOWING TOPICS:
   (A) METHOD OF ELECTION;
   (B) FORM OF GOVERNMENT;
   (C) ANNEXATION OF A POLITICAL SUBDIVISION;
   (D) INCORPORATION OF A POLITICAL SUBDIVISION;
   (E) CONSOLIDATION OR DIVISION OF POLITICAL SUBDIVISIONS;
   (F) REMOVAL OF VOTERS FROM ENROLLMENT LISTS OR OTHER LIST  MAINTENANCE
 ACTIVITIES;
   (G)  NUMBER,  LOCATION,  OR  HOURS OF ANY ELECTION DAY OR EARLY VOTING
 POLL SITE;
   (H) DATES OF ELECTIONS AND THE ELECTION CALENDAR, EXCEPT WITH  RESPECT
 TO SPECIAL ELECTIONS;
   (I) REGISTRATION OF VOTERS;
   (J)  ASSIGNMENT  OF ELECTION DISTRICTS TO ELECTION DAY OR EARLY VOTING
 POLL SITES;
   (K) ASSISTANCE OFFERED TO MEMBERS OF A LANGUAGE-MINORITY GROUP; AND
   (L) ANY ADDITIONAL TOPICS DESIGNATED BY THE CIVIL RIGHTS BUREAU PURSU-
 ANT TO A RULE PROMULGATED UNDER THE STATE ADMINISTRATIVE PROCEDURE  ACT,
 UPON  A  DETERMINATION BY THE CIVIL RIGHTS BUREAU THAT A NEW OR MODIFIED
 VOTING QUALIFICATION, PREREQUISITE TO VOTING, LAW, ORDINANCE,  STANDARD,
 PRACTICE,  PROCEDURE,  REGULATION,  OR POLICY CONCERNING SUCH TOPICS MAY
 HAVE THE EFFECT OF DENYING OR ABRIDGING THE RIGHT TO VOTE ON ACCOUNT  OF
 RACE, COLOR, OR LANGUAGE-MINORITY GROUP.
   3. COVERED ENTITY. A "COVERED ENTITY" SHALL INCLUDE: (A) ANY POLITICAL
 SUBDIVISION  WHICH,  WITHIN  THE  PREVIOUS TWENTY-FIVE YEARS, HAS BECOME
 SUBJECT TO A COURT ORDER OR GOVERNMENT ENFORCEMENT ACTION BASED  UPON  A
 FINDING  OF  ANY VIOLATION OF THIS TITLE, THE FEDERAL VOTING RIGHTS ACT,
 THE FIFTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, OR A  VOTING-
 RELATED  VIOLATION  OF  THE  FOURTEENTH  AMENDMENT  TO THE UNITED STATES
 CONSTITUTION; (B) ANY POLITICAL SUBDIVISION WHICH, WITHIN  THE  PREVIOUS
 TWENTY-FIVE  YEARS, HAS BECOME SUBJECT TO AT LEAST THREE COURT ORDERS OR
 GOVERNMENT ENFORCEMENT ACTIONS BASED UPON A FINDING OF ANY VIOLATION  OF
 S. 1046--E                         11

 ANY STATE OR FEDERAL CIVIL RIGHTS LAW OR THE FOURTEENTH AMENDMENT TO THE
 UNITED  STATES CONSTITUTION CONCERNING DISCRIMINATION AGAINST MEMBERS OF
 A PROTECTED CLASS; (C) ANY COUNTY IN WHICH, BASED ON  DATA  PROVIDED  BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMBINED MISDEMEANOR AND
 FELONY ARREST RATE OF MEMBERS OF ANY PROTECTED CLASS  CONSISTING  OF  AT
 LEAST  TEN  THOUSAND CITIZENS OF VOTING AGE OR WHOSE MEMBERS COMPRISE AT
 LEAST TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION  OF  THE  COUNTY,
 EXCEEDS THE PROPORTION THAT THE PROTECTED CLASS CONSTITUTES OF THE CITI-
 ZEN  VOTING  AGE  POPULATION OF THE COUNTY AS A WHOLE BY AT LEAST TWENTY
 PERCENT AT ANY POINT WITHIN THE PREVIOUS TEN YEARS; OR (D) ANY POLITICAL
 SUBDIVISION IN WHICH, BASED ON DATA MADE AVAILABLE BY THE UNITED  STATES
 CENSUS,  THE DISSIMILARITY INDEX OF ANY PROTECTED CLASS CONSISTING OF AT
 LEAST TWENTY-FIVE THOUSAND CITIZENS  OF  VOTING  AGE  OR  WHOSE  MEMBERS
 COMPRISE  AT  LEAST  TEN PERCENT OF THE CITIZEN VOTING AGE POPULATION OF
 THE POLITICAL SUBDIVISION, IS IN EXCESS OF FIFTY WITH  RESPECT  TO  NON-
 HISPANIC  WHITE  CITIZENS OF VOTING AGE WITHIN THE POLITICAL SUBDIVISION
 AT ANY POINT WITHIN THE PREVIOUS TEN YEARS. IF ANY COVERED ENTITY  IS  A
 POLITICAL  SUBDIVISION  IN  WHICH  A  BOARD OF ELECTIONS HAS BEEN ESTAB-
 LISHED, THAT BOARD OF ELECTIONS SHALL ALSO BE DEEMED A  COVERED  ENTITY.
 IF  ANY  POLITICAL  SUBDIVISION  IN  WHICH A BOARD OF ELECTIONS HAS BEEN
 ESTABLISHED CONTAINS A COVERED ENTITY FULLY  WITHIN  ITS  BORDERS,  THAT
 POLITICAL SUBDIVISION AND THAT BOARD OF ELECTIONS SHALL BOTH BE DEEMED A
 COVERED ENTITY.
   4.  PRECLEARANCE BY THE ATTORNEY GENERAL.  A COVERED ENTITY MAY OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM THE CIVIL RIGHTS BUREAU  PURSUANT
 TO THE FOLLOWING PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE CIVIL RIGHTS BUREAU. IF THE COVERED ENTITY IS A COUNTY OR CITY BOARD
 OF ELECTIONS, IT SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF  THE  COVERED
 POLICY TO THE STATE BOARD OF ELECTIONS.
   (B)  UPON  SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE, AS SOON AS
 PRACTICABLE BUT NO LATER THAN WITHIN TEN DAYS, THE CIVIL  RIGHTS  BUREAU
 SHALL PUBLISH THE SUBMISSION ON ITS WEBSITE.
   (C)  AFTER  PUBLICATION OF A SUBMISSION, THERE SHALL BE AN OPPORTUNITY
 FOR MEMBERS OF THE PUBLIC TO COMMENT ON  THE  SUBMISSION  TO  THE  CIVIL
 RIGHTS  BUREAU  WITHIN  THE  TIME PERIODS SET FORTH BELOW. TO FACILITATE
 PUBLIC COMMENT, THE CIVIL RIGHTS BUREAU SHALL PROVIDE AN OPPORTUNITY FOR
 MEMBERS OF THE PUBLIC TO SIGN UP  TO  RECEIVE  NOTIFICATIONS  OR  ALERTS
 REGARDING SUBMISSION OF A COVERED POLICY FOR PRECLEARANCE.
   (D)  UPON  SUBMISSION  OF A COVERED POLICY FOR PRECLEARANCE, THE CIVIL
 RIGHTS BUREAU SHALL REVIEW THE COVERED POLICY, AND ANY  PUBLIC  COMMENT,
 AND SHALL, WITHIN THE TIME PERIODS SET FORTH BELOW, PROVIDE A REPORT AND
 DETERMINATION  AS  TO  WHETHER, UNDER THIS TITLE, PRECLEARANCE SHOULD BE
 GRANTED OR DENIED TO THE COVERED POLICY.  SUCH  TIME  PERIOD  SHALL  RUN
 CONCURRENT  WITH  THE TIME PERIODS FOR PUBLIC COMMENT.  THE CIVIL RIGHTS
 BUREAU SHALL NOT MAKE SUCH DETERMINATION UNTIL  THE  PERIOD  FOR  PUBLIC
 COMMENT IS CLOSED. THE CIVIL RIGHTS BUREAU MAY REQUEST ADDITIONAL INFOR-
 MATION  FROM  A  COVERED  ENTITY AT ANY TIME DURING ITS REVIEW TO AID IN
 DEVELOPING ITS REPORT AND RECOMMENDATION. THE FAILURE TO  TIMELY  COMPLY
 WITH  REASONABLE  REQUESTS  FOR  MORE INFORMATION MAY BE GROUNDS FOR THE
 DENIAL OF PRECLEARANCE. THE CIVIL RIGHTS BUREAU'S REPORTS  AND  DETERMI-
 NATION SHALL BE POSTED PUBLICLY ON ITS WEBSITE.
   (E)  IN  ANY DETERMINATION AS TO PRECLEARANCE, THE CIVIL RIGHTS BUREAU
 SHALL IDENTIFY IN WRITING WHETHER  IT  IS  APPROVING  OR  REJECTING  THE
 COVERED  POLICY; PROVIDED, HOWEVER, THAT THE CIVIL RIGHTS BUREAU MAY, IN
 ITS DISCRETION, DESIGNATE PRECLEARANCE AS "PRELIMINARY"  IN  WHICH  CASE
 S. 1046--E                         12
 
 THE  CIVIL RIGHTS BUREAU MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOW-
 ING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (I) THE CIVIL RIGHTS BUREAU SHALL GRANT PRECLEARANCE ONLY IF IT DETER-
 MINES THAT THE COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED
 CLASS MEMBERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT THEIR
 PREFERRED  CANDIDATES  TO  OFFICE.  IF  THE  CIVIL  RIGHTS BUREAU GRANTS
 PRECLEARANCE, THE COVERED ENTITY MAY  ENACT  OR  IMPLEMENT  THE  COVERED
 POLICY IMMEDIATELY.
   (II)  IF THE CIVIL RIGHTS BUREAU DENIES PRECLEARANCE, THE CIVIL RIGHTS
 BUREAU SHALL INTERPOSE OBJECTIONS EXPLAINING ITS BASIS AND  THE  COVERED
 POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (III)  IF THE CIVIL RIGHTS BUREAU FAILS TO RESPOND WITHIN THE REQUIRED
 TIME FRAME AS ESTABLISHED IN THIS SECTION, THE COVERED POLICY  SHALL  BE
 DEEMED  PRECLEARED  AND  THE  COVERED ENTITY MAY ENACT OR IMPLEMENT SUCH
 COVERED POLICY.
   (F) THE TIME PERIODS FOR PUBLIC COMMENT, CIVIL RIGHTS  BUREAU  REVIEW,
 AND  THE  DETERMINATION  OF  THE  CIVIL  RIGHTS  BUREAU TO GRANT OR DENY
 PRECLEARANCE ON SUBMISSION SHALL BE AS FOLLOWS:
   (I) FOR ANY COVERED POLICY CONCERNING THE DESIGNATION OR SELECTION  OF
 POLL SITES OR THE ASSIGNMENT OF ELECTION DISTRICTS TO POLL SITES, WHETH-
 ER FOR ELECTION DAY OR EARLY VOTING, THE PERIOD FOR PUBLIC COMMENT SHALL
 BE  FIVE BUSINESS DAYS. THE CIVIL RIGHTS BUREAU SHALL REVIEW THE COVERED
 POLICY, INCLUDING ANY PUBLIC COMMENT, AND MAKE A DETERMINATION  TO  DENY
 OR  GRANT  PRECLEARANCE  FOR  SUCH  COVERED  POLICY  WITHIN FIFTEEN DAYS
 FOLLOWING THE RECEIPT OF SUCH COVERED POLICY.
   (II) UPON A SHOWING OF GOOD CAUSE, THE CIVIL RIGHTS BUREAU MAY RECEIVE
 AN EXTENSION OF UP TO TWENTY DAYS TO MAKE A  DETERMINATION  PURSUANT  TO
 THIS PARAGRAPH.
   (III)  FOR  ANY  OTHER  COVERED  POLICY, THE PERIOD FOR PUBLIC COMMENT
 SHALL BE TEN BUSINESS DAYS. THE CIVIL RIGHTS  BUREAU  SHALL  REVIEW  THE
 COVERED  POLICY,  INCLUDING  ANY  PUBLIC COMMENT, WITHIN FIFTY-FIVE DAYS
 FOLLOWING THE RECEIPT OF SUCH COVERED POLICY AND MAKE A DETERMINATION TO
 DENY OR GRANT PRECLEARANCE FOR SUCH COVERED  POLICY.  THE  CIVIL  RIGHTS
 BUREAU MAY INVOKE UP TO TWO EXTENSIONS OF NINETY DAYS EACH.
   (IV)  THE CIVIL RIGHTS BUREAU IS HEREBY AUTHORIZED TO PROMULGATE RULES
 FOR AN EXPEDITED, EMERGENCY PRECLEARANCE  PROCESS  IN  THE  EVENT  OF  A
 COVERED POLICY OCCURRING DURING OR IMMINENTLY PRECEDING AN ELECTION AS A
 RESULT OF ANY DISASTER WITHIN THE MEANING OF SECTION 3-108 OF THIS CHAP-
 TER OR OTHER EXIGENT CIRCUMSTANCES.  ANY PRECLEARANCE GRANTED UNDER THIS
 PROVISION  SHALL BE DESIGNATED "PRELIMINARY" AND THE CIVIL RIGHTS BUREAU
 MAY DENY PRECLEARANCE WITHIN SIXTY DAYS FOLLOWING RECEIPT OF THE COVERED
 POLICY.
   (G) APPEAL OF ANY DENIAL BY THE CIVIL RIGHTS BUREAU MAY  BE  HEARD  IN
 THE  SUPREME COURT FOR THE COUNTY OF NEW YORK OR THE COUNTY OF ALBANY IN
 A PROCEEDING COMMENCED AGAINST THE  CIVIL  RIGHTS  BUREAU,  PURSUANT  TO
 ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, FROM WHICH
 APPEAL MAY BE TAKEN ACCORDING TO THE ORDINARY RULES OF APPELLATE  PROCE-
 DURE.  DUE  TO  THE  FREQUENCY AND URGENCY OF ELECTIONS, ACTIONS BROUGHT
 PURSUANT TO THIS SECTION SHALL BE  SUBJECT  TO  EXPEDITED  PRETRIAL  AND
 TRIAL  PROCEEDINGS  AND  RECEIVE  AN  AUTOMATIC  CALENDAR  PREFERENCE ON
 APPEAL.
   5. PRECLEARANCE BY A DESIGNATED COURT. A  COVERED  ENTITY  MAY  OBTAIN
 PRECLEARANCE FOR A COVERED POLICY FROM A COURT PURSUANT TO THE FOLLOWING
 PROCESS:
   (A)  THE  COVERED ENTITY SHALL SUBMIT THE COVERED POLICY IN WRITING TO
 THE FOLLOWING DESIGNATED COURT IN THE JUDICIAL DEPARTMENT  WITHIN  WHICH
 S. 1046--E                         13
 
 THE  COVERED  ENTITY IS LOCATED: (I) FIRST JUDICIAL DEPARTMENT: NEW YORK
 COUNTY; (II) SECOND JUDICIAL  DEPARTMENT:    WESTCHESTER  COUNTY;  (III)
 THIRD  JUDICIAL  DEPARTMENT:  ALBANY  COUNTY;  AND  (IV) FOURTH JUDICIAL
 DEPARTMENT:  ERIE  COUNTY.    IF  THE COVERED ENTITY IS A COUNTY OR CITY
 BOARD OF ELECTIONS, IT SHALL CONTEMPORANEOUSLY PROVIDE  A  COPY  OF  THE
 COVERED POLICY TO THE STATE BOARD OF ELECTIONS.
   (B)  THE  COVERED ENTITY SHALL CONTEMPORANEOUSLY PROVIDE A COPY OF THE
 COVERED POLICY TO THE CIVIL RIGHTS BUREAU. THE FAILURE  OF  THE  COVERED
 ENTITY  TO  PROVIDE  A  COPY  OF  THE COVERED POLICY TO THE CIVIL RIGHTS
 BUREAU WILL RESULT IN AN AUTOMATIC DENIAL OF PRECLEARANCE.
   (C) THE COURT SHALL GRANT  OR  DENY  PRECLEARANCE  WITHIN  SIXTY  DAYS
 FOLLOWING THE RECEIPT OF SUBMISSION OF THE COVERED POLICY.
   (D)  THE COURT SHALL GRANT PRECLEARANCE ONLY IF IT DETERMINES THAT THE
 COVERED POLICY WILL NOT DIMINISH THE ABILITY OF PROTECTED CLASS  MEMBERS
 TO  PARTICIPATE  IN  THE  POLITICAL PROCESS AND TO ELECT THEIR PREFERRED
 CANDIDATES TO OFFICE. IF THE  COURT  GRANTS  PRECLEARANCE,  THE  COVERED
 ENTITY MAY ENACT OR IMPLEMENT THE COVERED POLICY IMMEDIATELY.
   (E) IF THE COURT DENIES PRECLEARANCE, OR FAILS TO RESPOND WITHIN SIXTY
 DAYS, THE COVERED POLICY SHALL NOT BE ENACTED OR IMPLEMENTED.
   (F)  APPEAL OF ANY DENIAL MAY BE TAKEN ACCORDING TO THE ORDINARY RULES
 OF APPELLATE PROCEDURE. DUE TO THE FREQUENCY AND URGENCY  OF  ELECTIONS,
 ACTIONS  BROUGHT  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO EXPEDITED
 PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR PREFER-
 ENCE ON APPEAL.
   6. FAILURE TO SEEK OR  OBTAIN  PRECLEARANCE.  IF  ANY  COVERED  ENTITY
 ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY  WITHOUT SEEKING PRECLEARANCE
 PURSUANT TO THIS SECTION, OR  ENACTS  OR  IMPLEMENTS  A  COVERED  POLICY
 NOTWITHSTANDING  THE  DENIAL  OF  PRECLEARANCE,  EITHER THE CIVIL RIGHTS
 BUREAU OR ANY OTHER PARTY WITH STANDING TO BRING AN  ACTION  UNDER  THIS
 TITLE MAY BRING AN ACTION TO ENJOIN THE COVERED POLICY AND TO SEEK SANC-
 TIONS AGAINST THE POLITICAL SUBDIVISION AND OFFICIALS IN VIOLATION.
   7.  RULES AND REGULATIONS. THE CIVIL RIGHTS BUREAU MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  THE  PURPOSES  OF
 THIS SECTION.
   § 17-212. PROHIBITION   AGAINST   VOTER   INTIMIDATION,  DECEPTION  OR
 OBSTRUCTION. 1. (A) NO PERSON, WHETHER ACTING  UNDER  COLOR  OF  LAW  OR
 OTHERWISE, MAY ENGAGE IN ACTS OF INTIMIDATION, DECEPTION, OR OBSTRUCTION
 THAT AFFECTS THE RIGHT OF VOTERS TO ACCESS THE ELECTIVE FRANCHISE.
   (B) A VIOLATION OF PARAGRAPH (A) THIS SUBDIVISION SHALL BE ESTABLISHED
 IF:
   (I)  A PERSON USES OR THREATENS TO USE ANY FORCE, VIOLENCE, RESTRAINT,
 ABDUCTION OR DURESS, OR INFLICTS OR THREATENS  TO  INFLICT  ANY  INJURY,
 DAMAGE, HARM OR LOSS, OR IN ANY OTHER MANNER PRACTICES INTIMIDATION THAT
 CAUSES  OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON TO VOTE
 OR REFRAIN FROM VOTING IN GENERAL  OR  FOR  OR  AGAINST  ANY  PARTICULAR
 PERSON  OR  FOR  OR  AGAINST ANY PROPOSITION SUBMITTED TO VOTERS AT SUCH
 ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF
 VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR
   (II) A PERSON KNOWINGLY  USES  ANY  DECEPTIVE  OR  FRAUDULENT  DEVICE,
 CONTRIVANCE OR COMMUNICATION, THAT IMPEDES, PREVENTS OR OTHERWISE INTER-
 FERES WITH THE FREE EXERCISE OF THE ELECTIVE FRANCHISE BY ANY PERSON, OR
 THAT  CAUSES OR WILL REASONABLY HAVE THE EFFECT OF CAUSING ANY PERSON TO
 VOTE OR REFRAIN FROM VOTING IN GENERAL OR FOR OR AGAINST ANY  PARTICULAR
 PERSON  OR  FOR  OR  AGAINST ANY PROPOSITION SUBMITTED TO VOTERS AT SUCH
 ELECTION; TO PLACE OR REFRAIN FROM PLACING THEIR NAME UPON A REGISTRY OF
 VOTERS; OR TO REQUEST OR REFRAIN FROM REQUESTING AN ABSENTEE BALLOT; OR
 S. 1046--E                         14

   (III) A PERSON OBSTRUCTS, IMPEDES, OR OTHERWISE INTERFERES WITH ACCESS
 TO ANY POLLING PLACE OR ELECTIONS  OFFICE,  OR  OBSTRUCTS,  IMPEDES,  OR
 OTHERWISE  INTERFERES  WITH  ANY VOTER IN ANY MANNER THAT CAUSES OR WILL
 REASONABLY HAVE THE EFFECT OF CAUSING ANY DELAY IN VOTING OR THE  VOTING
 PROCESS, INCLUDING THE CANVASSING AND TABULATION OF BALLOTS.
   2.  STANDING.  ANY  AGGRIEVED  PERSONS,  ORGANIZATION WHOSE MEMBERSHIP
 INCLUDES AGGRIEVED PERSONS OR MEMBERS OF A PROTECTED CLASS, ORGANIZATION
 WHOSE MISSION, IN WHOLE OR IN PART, IS TO ENSURE VOTING ACCESS AND  SUCH
 MISSION  WOULD BE HINDERED BY A VIOLATION OF THIS SECTION, OR THE ATTOR-
 NEY GENERAL MAY FILE AN ACTION PURSUANT TO THIS SECTION IN  THE  SUPREME
 COURT  OF  THE  COUNTY  IN  WHICH  THE ALLEGED VIOLATION OF THIS SECTION
 OCCURRED.
   3. REMEDIES. UPON A FINDING OF A VIOLATION OF ANY  PROVISION  OF  THIS
 SECTION,  THE  COURT  SHALL  IMPLEMENT  APPROPRIATE  REMEDIES  THAT  ARE
 TAILORED TO REMEDY THE VIOLATION, INCLUDING BUT NOT LIMITED TO PROVIDING
 FOR ADDITIONAL TIME TO CAST A BALLOT THAT MAY BE COUNTED IN THE ELECTION
 AT ISSUE.  ANY PARTY WHO SHALL VIOLATE ANY  OF  THE  PROVISIONS  OF  THE
 FOREGOING  SECTION  OR  WHO  SHALL  AID  THE  VIOLATION  OF  ANY OF SAID
 PROVISIONS SHALL  BE  LIABLE  TO  ANY  PREVAILING  PLAINTIFF  PARTY  FOR
 DAMAGES,  INCLUDING  NOMINAL DAMAGES FOR ANY VIOLATION, AND COMPENSATORY
 OR PUNITIVE DAMAGES FOR ANY INTENTIONAL VIOLATION.
   § 17-214. AUTHORITY TO ISSUE SUBPOENAS. IN ANY ACTION OR INVESTIGATION
 TO ENFORCE ANY PROVISION OF THIS TITLE, THE ATTORNEY GENERAL SHALL  HAVE
 THE  AUTHORITY  TO  TAKE PROOF AND DETERMINE RELEVANT FACTS AND TO ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 17-216. EXPEDITED  JUDICIAL  PROCEEDINGS  AND  PRELIMINARY   RELIEF.
 BECAUSE OF THE FREQUENCY OF ELECTIONS, THE SEVERE CONSEQUENCES AND IRRE-
 PARABLE  HARM  OF  HOLDING  ELECTIONS UNDER UNLAWFUL CONDITIONS, AND THE
 EXPENDITURE TO  DEFEND  POTENTIALLY  UNLAWFUL  CONDITIONS  THAT  BENEFIT
 INCUMBENT  OFFICIALS,  ACTIONS  BROUGHT  PURSUANT TO THIS TITLE SHALL BE
 SUBJECT TO EXPEDITED PRETRIAL AND TRIAL PROCEEDINGS AND RECEIVE AN AUTO-
 MATIC CALENDAR PREFERENCE. IN ANY ACTION ALLEGING A  VIOLATION  OF  THIS
 SECTION IN WHICH A PLAINTIFF PARTY SEEKS PRELIMINARY RELIEF WITH RESPECT
 TO  AN  UPCOMING ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES
 THAT:  (A) PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS;
 AND (B) IT IS POSSIBLE TO IMPLEMENT AN  APPROPRIATE  REMEDY  THAT  WOULD
 RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   § 17-218. ATTORNEYS'  FEES.  IN ANY ACTION TO ENFORCE ANY PROVISION OF
 THIS TITLE, THE COURT SHALL ALLOW THE PREVAILING PLAINTIFF PARTY,  OTHER
 THAN THE STATE OR POLITICAL SUBDIVISION THEREOF, A REASONABLE ATTORNEYS'
 FEE,  LITIGATION  EXPENSES INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS
 FEES AND EXPENSES AS PART OF THE COSTS. A PLAINTIFF WILL  BE  DEEMED  TO
 HAVE  PREVAILED  WHEN,  AS  A  RESULT OF LITIGATION, THE DEFENDANT PARTY
 YIELDS MUCH OR ALL OF THE RELIEF SOUGHT IN THE SUIT.  PREVAILING DEFEND-
 ANT PARTIES SHALL NOT RECOVER ANY COSTS,  UNLESS  THE  COURT  FINDS  THE
 ACTION TO BE FRIVOLOUS, UNREASONABLE, OR WITHOUT FOUNDATION.
   § 17-220. APPLICABILITY.  THE  PROVISIONS OF THIS TITLE SHALL APPLY TO
 ALL ELECTIONS FOR ANY ELECTED OFFICE  OR  ELECTORAL  CHOICE  WITHIN  THE
 STATE  OR  ANY POLITICAL SUBDIVISION. THE PROVISIONS OF THIS TITLE SHALL
 APPLY NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  INCLUDING  ANY  OTHER
 STATE  LAW  OR  LOCAL  LAW; PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS AND
 LIBRARIES SHALL CONTINUE TO CONDUCT THEIR ELECTIONS UNDER THE  EDUCATION
 LAW,  SUBJECT TO AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS TITLE,
 TO ENSURE VOTERS OF RACE, COLOR, AND LANGUAGE-MINORITY GROUPS HAVE EQUI-
 TABLE ACCESS TO FULLY PARTICIPATE IN THE ELECTORAL PROCESS.
 S. 1046--E                         15
 
   § 17-222. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR ITS APPLICA-
 TION TO ANY PERSON,  POLITICAL  SUBDIVISION,  OR  CIRCUMSTANCE  IS  HELD
 INVALID,  THE  INVALIDITY  SHALL NOT AFFECT OTHER PROVISIONS OR APPLICA-
 TIONS OF THIS TITLE WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT  THE  INVALID
 PROVISION  OR  APPLICATION, AND TO THIS END THE PROVISIONS OF THIS TITLE
 ARE SEVERABLE.
   § 5. This act shall take effect immediately; provided,  however,  that
 paragraph (c) of subdivision seven of section 17-206 of the election law
 as added by section four of this act shall take effect one year after it
 shall  have  become  a  law; and provided further, however, that section
 17-208 of the election law as added by section four of  this  act  shall
 take  effect  three years after it shall have become a law; and provided
 further, however, that section 17-210 of the election law, as  added  by
 section  four of this act, shall take effect one year after the attorney
 general certifies that the office of the attorney general is prepared to
 execute the duties assigned in section four of this act,  if  after  the
 expiration of one year the attorney general requires more time to certi-
 fy  that  the  office of the attorney general is prepared to execute the
 duties assigned in section four of this act, the attorney general,  may,
 for  good  cause  shown,  apply to the governor for such an extension of
 time. The governor may grant or deny an extension  of  up  to  one  year
 according  to  his  or her discretion. The attorney general shall notify
 the legislative bill drafting commission  upon  the  occurrence  of  the
 enactment of the legislation provided for in section four of this act in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.