2023 New York Laws › ELN - Election › Article 17 - Protecting the Elective Franchise › Title 2 - John R. Lewis Voting Rights Act of New York › 17-206 - Prohibitions on Voter Disfranchisement.

§ 17-206. Prohibitions  on  voter  disenfranchisement.  1. Prohibition
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   subdivision  in  a  manner  that  results  in  a  denial  or
abridgement of the right of members of a protected class to vote.
(b) A  violation  of  paragraph  (a)  of  this  subdivision  shall  be
established   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
established 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
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
(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;

(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
qualification,  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 political subdivision vote  at  lower  rates  than
other  members of the electorate; (g) the extent to which members of the
protected class are disadvantaged 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 participate 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, ordinance, 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
attorney general may file an  action  against  a  political  subdivision
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  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
article  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
subdivision'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 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
inconsistent 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
redistricting 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-English-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
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
education  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
political 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
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 subdivision passes a NYVRA resolution,
such political 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  subdivision.  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 education law.
(c) If the  governing  body  of  a  political  subdivision  lacks  the
authority  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.
(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
potential 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
plaintiff 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  subdivision.  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   mutually   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 average, 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 clarification of rights.
(f)  Notwithstanding  the provisions of this subdivision, in the event
that  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 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 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 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.