Enacts the "voting rights act" to prohibit the establishment of an at-large election district in a political subdivision which would impair representation of a protected class of voters.
STATE OF NEW YORK
________________________________________________________________________
9105
IN ASSEMBLY
January 20, 2012
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Introduced by M. of A. P. RIVERA, KELLNER, BENEDETTO, KAVANAGH, MILLMAN,
JAFFEE, J. RIVERA, N. RIVERA, COOK, STEVENSON, BOYLAND, HOOPER --
Multi-Sponsored by -- M. of A. ARROYO, AUBRY, BRENNAN, CAHILL,
CALHOUN, CAMARA, CLARK, CONTE, FARRELL, GANTT, HEASTIE, JEFFRIES,
P. LOPEZ, V. LOPEZ, MAISEL, ORTIZ, PEOPLES-STOKES, PERRY, PRETLOW,
RAMOS, REILLY, ROBINSON, TITUS, WRIGHT -- read once and referred to
the Committee on Election Law
AN ACT to amend the civil rights law, in relation to enacting the voting
rights act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new article 3-A
2 to read as follows:
3 ARTICLE 3-A
4 VOTING RIGHTS ACT
5 Section 30. Short title.
6 31. Definitions.
7 32. Application of article.
8 33. At-large elections; limited.
9 34. Violations.
10 35. Remedy.
11 36. Recovery of costs.
12 37. Purpose.
13 38. Individual cause of action.
14 § 30. Short title. This article shall be known and may be cited as the
15 "voting rights act".
16 § 31. Definitions. As used in this article, the following terms shall
17 mean:
18 1. "At-large method of election" means any of the following methods of
19 electing members to the legislative or governing body of a political
20 subdivision:
21 (a) one in which the voters of the entire jurisdiction elect the
22 members of the legislative or governing body;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13493-01-1
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1 (b) one in which the candidates are required to reside within given
2 areas of the jurisdiction and the voters of the entire jurisdiction
3 elect the members of the legislative or governing body; or
4 (c) one which combines at-large elections with district-based
5 elections.
6 2. "District-based elections" means a method of electing members of
7 the legislative or governing body of a political subdivision in which
8 the candidate must reside within an election district that is a divis-
9 ible part of the political subdivision and is elected only by voters
10 residing within that election district.
11 3. "Political subdivision" means a geographic area of representation
12 created for the provision of government services, including, but not
13 limited to, a city, a school district, a community school board, town,
14 village, county or other district organized pursuant to state law.
15 4. "Protected class" means a class of voters who are members of a
16 race, color or language minority group, as this class is referenced and
17 defined in the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.).
18 5. "Racially polarized voting" means voting in which there is a
19 difference, as defined in case law regarding enforcement of the federal
20 Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), in the choice of candi-
21 dates or other electoral choices that are preferred by voters in a
22 protected class, and in the choice of candidates and electoral choices
23 that are preferred by voters in the rest of the electorate. The method-
24 ologies for estimating group voting behavior as approved in applicable
25 federal cases to enforce the federal Voting Rights Act (42 U.S.C. Sec.
26 1973 et seq.) to establish racially polarized voting may be used for
27 purposes of this article to prove that elections are characterized by
28 racially polarized voting.
29 § 32. Application of article. The provisions of this article shall
30 supersede any other provision of law relating to the establishment of
31 election districts.
32 § 33. At-large elections; limited. No at-large method of election
33 shall be imposed or applied in a manner that impairs the ability of a
34 protected class to elect candidates of its choice or its ability to
35 influence the outcome of an election, as a result of the dilution or the
36 abridgment of the rights of voters who are members of such class.
37 § 34. Violations. 1. A violation of section thirty-three of this arti-
38 cle shall be established if it is shown that racially polarized voting
39 occurs in elections for members of the legislative or governing body of
40 the political subdivision or in elections incorporating other electoral
41 choices by the voters of the political subdivision. Elections conducted
42 prior to the filing of an action pursuant to section thirty-three of
43 this article shall be deemed to be more probative to establish the
44 existence of racially polarized voting than elections conducted after
45 the filing of the action.
46 2. The occurrence of racially polarized voting shall be determined
47 from examining results of elections in which at least one candidate is a
48 member of a protected class or elections involving ballot measures, or
49 other electoral choices that affect the rights and privileges of members
50 of a protected class. One circumstance that may be considered in deter-
51 mining a violation of section thirty-three of this article is the extent
52 to which candidates who are members of a protected class and who are
53 preferred by voters of the protected class, as determined by an analysis
54 of voting behavior, have been elected to the legislative or governing
55 body of a political subdivision that is the subject of an action based
56 on section thirty-three of this article. In multiseat at-large election
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1 districts, where the number of candidates who are members of a protected
2 class is fewer than the number of seats available, the relative group-
3 wide support received by candidates from members of a protected class
4 shall be the basis for the racial polarization analysis.
5 3. The fact that members of a protected class are not geographically
6 compact or concentrated shall not preclude a finding of racially polar-
7 ized voting, or a violation of section thirty-three of this article, but
8 may be a factor in determining an appropriate remedy.
9 4. Proof of an intent on the part of the voters or elected officials
10 to discriminate against a protected class shall not be required.
11 5. Other factors such as the history of discrimination, the use of
12 electoral devices or other voting practices or procedures that may
13 enhance the dilutive effects of at-large elections, denial of access to
14 those processes determining which groups of candidates will receive
15 financial or other support in a given election, the extent to which
16 members of a protected class bear the effects of past discrimination in
17 areas such as education, employment and health, which hinder their abil-
18 ity to participate effectively in the political process, and the use of
19 overt or subtle racial appeals in political campaigns are probative, but
20 not necessary factors to establish a violation of section thirty-three
21 of this article.
22 § 35. Remedy. Upon a finding of a violation of section thirty-three of
23 this article, the supreme court shall implement appropriate remedies,
24 including the imposition of district-based elections, that are tailored
25 to remedy the violation.
26 § 36. Recovery of costs. In any action to enforce section thirty-three
27 of this article, the supreme court shall allow the prevailing plaintiff
28 party, other than the state or a political subdivision thereof, reason-
29 able attorney's fees, and litigation expenses including, but not limited
30 to, expert witness fees and expenses as part of the costs. Prevailing
31 defendant parties shall not recover any costs, unless the court finds
32 the action to be frivolous, unreasonable or without foundation.
33 § 37. Purpose. The provisions of this article are enacted to implement
34 the guarantees of article two of the state constitution.
35 § 38. Individual cause of action. Any registered voter who is a member
36 of a protected class and who resides in a political subdivision where a
37 violation of section thirty-three of this article is alleged may
38 commence a cause of action in the supreme court for the county in which
39 the political subdivision is located.
40 § 2. This act shall take effect on the first of January next succeed-
41 ing the date on which it shall have become a law.
