S 1775: Removes certain provisions relating to preclearance by the civil rights bureau of certain qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies relating to voting.
The bill aims to amend the election law to remove certain provisions related to preclearance by the civil rights bureau. It repeals provisions that required certain political subdivisions to obtain preclearance before implementing remedies identified in a nyvra resolution. The bill introduces new provisions that require the civil rights bureau to grant or deny approval of proposed remedies within 120 days after the passage of the nyvra resolution. The bureau must hold a public hearing before granting or denying approval, and provide a written explanation for its decision. If the bureau grants approval, the proposed remedy must be enacted and implemented immediately. If the bureau denies approval, the proposed remedy cannot be enacted or implemented.
| Jan. 07, 2026 | REFERRED TO ELECTIONS |
| Jan. 13, 2025 | REFERRED TO ELECTIONS |
STATE OF NEW YORK ________________________________________________________________________ 1775 2025-2026 Regular Sessions IN SENATE January 13, 2025 ___________ Introduced by Sen. WALCZYK -- 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 removing certain provisions relating to preclearance by the civil rights bureau of certain policies relating to voting; and to repeal certain provisions of the election law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 17-210 of the election law is REPEALED. 2 § 2. Paragraph (c) of subdivision 7 of section 17-206 of the election 3 law, as added by chapter 226 of the laws of 2022, and subparagraphs (i), 4 (iii) and (iv) as amended by chapter 216 of the laws of 2024, is amended 5 to read as follows: 6 (c) If the governing body of a political subdivision lacks the author- 7 ity under this title or applicable state law or local laws to enact or 8 implement a remedy identified in a NYVRA resolution, or fails to enact 9 or implement a remedy identified in a NYVRA resolution, within ninety 10 days after the passage of the NYVRA resolution, [or if the political11subdivision is a covered entity as defined under section 17-210 of this12title,] the governing body of the political subdivision shall undertake 13 the steps enumerated in the following provisions: 14 (i) The governing body of the political subdivision may approve a 15 proposed remedy that complies with this title and submit such a proposed 16 remedy to the civil rights bureau no later than one hundred twenty days 17 after the passage of the NYVRA resolution. Such a submission shall be 18 referred to as a "NYVRA proposal" in this title. 19 (ii) Prior to passing a NYVRA proposal, the political subdivision 20 shall hold at least one public hearing, at which the public shall be 21 invited to provide input regarding the NYVRA proposal. Before this hear- 22 ing, the political subdivision may conduct outreach to the public, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05178-01-5S. 1775 2 1 including to non-English-speaking communities, to encourage public 2 participation. 3 (iii) Within sixty days of receipt of a NYVRA proposal, the civil 4 rights bureau shall grant or deny approval of the NYVRA proposal. The 5 civil rights bureau may invoke an extension of up to twenty days to 6 review the proposal. 7 (iv) The civil rights bureau shall only grant approval to the NYVRA 8 proposal if it concludes that: (A) the political subdivision may be in 9 violation of this title; (B) the NYVRA proposal would remedy any poten- 10 tial violation of this title cited in the NYVRA notification letter and 11 would not give rise to any other violation of this title; (C) the NYVRA 12 proposal is unlikely to violate the constitution or any relevant federal 13 law; and (D) implementation of the NYVRA proposal is feasible. 14 (v) If the civil rights bureau grants approval, the NYVRA proposal 15 shall be enacted and implemented immediately, notwithstanding any other 16 provision of law, including any other state or local law. 17 (vi) [If the political subdivision is a covered entity as defined18under section 17-210 of this title, the political subdivision shall not19be required to obtain preclearance for the NYVRA proposal pursuant to20such section upon approval of the NYVRA proposal by the civil rights21bureau.22(vii)] If the civil rights bureau denies approval, the NYVRA proposal 23 shall not be enacted or implemented. The civil rights bureau shall 24 explain the basis for such denial and may, in its discretion, make 25 recommendations for an alternative remedy for which it would grant 26 approval. 27 [(viii)] (vii) If the civil rights bureau does not respond, the NYVRA 28 proposal shall not be enacted or implemented. 29 § 3. Subdivision 3 of section 17-214 of the election law is REPEALED. 30 § 4. Subdivision 9 of section 17-204 of the election law is REPEALED. 31 § 5. This act shall take effect immediately.