2023 New York Laws › ELN - Election › Article 17 - Protecting the Elective Franchise › Title 2 - John R. Lewis Voting Rights Act of New York › 17-210 - Preclearance.

* § 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
modified  voting  qualification, prerequisite to voting, law, ordinance,
standard, 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
pursuant 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  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 citizen 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 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 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
information  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
determination 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
the  civil  rights  bureau  may  deny  preclearance  within  sixty  days
following the receipt of submission of the covered policy.
(i) The civil rights  bureau  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 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,
whether 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
chapter  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
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
preference 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
sanctions 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.
* NB Effective September 22, 2024