S 10612

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10612
                             I N  S E N A T E
                               June 1, 2026
                                ___________
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the election law, in  relation  to  the  John  R.  Lewis
   voting rights act of New York
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision 6 of section 17-204 of  the  election  law,  as
 added by chapter 226 of the laws of 2022, is amended to read as follows:
   6. "Racially polarized voting" means voting in which there is a diver-
 gence in the [candidate] CANDIDATES, political preferences, or electoral
 [choice]  CHOICES  of  members in a protected class from the candidates,
 POLITICAL PREFERENCES, or electoral [choice] CHOICES of [the rest of the
 electorate] ANOTHER CLASS OR SET OF CLASSES.
   § 2. Subdivisions 2, 3, 4 and 7 of section 17-206 of the election law,
 as added by chapter 226 of the laws of 2022, subparagraph (ii) of  para-
 graph  (b)  of  subdivision  2, the opening paragraph, paragraph (b) and
 subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivision  7  as
 amended  by  chapter  216  of  the  laws of 2024, are amended to read as
 follows:
   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  OR  BOARD  OF
 ELECTIONS:
   (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
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14264-01-5
 S. 10612                            2
   (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.
   (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 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 OR BOARD OF ELECTIONS has a compelling policy  justification
 that  is  substantiated  and supported by evidence for adopting or main-
 S. 10612                            3
 taining 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 attor-
 ney general may file an action against a political subdivision OR  BOARD
 OF ELECTIONS pursuant to this section in the supreme court of the county
 in which the political subdivision OR BOARD OF ELECTIONS is located.
   7.  Notification  requirement  and  safe  harbor for judicial actions.
 Before commencing a judicial action against a political  subdivision  OR
 BOARD  OF  ELECTIONS  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[,]) OR THE COMMISSIONERS
 OF THE BOARD OF ELECTIONS against which the  action  would  be  brought,
 asserting that the political subdivision OR BOARD OF ELECTIONS may be in
 violation  of  this title. This written notice shall be referred to as a
 "NYVRA notification letter" in this title. The NYVRA notification letter
 shall specify the potential violation or violations  alleged  and  shall
 contain  a  statement  of  facts  to  support such allegation; provided,
 however, that failure to so specify shall not be a basis  for  dismissal
 of such judicial action, but may affect the calculation of reimbursement
 pursuant to paragraph (e) of this subdivision. The prospective plaintiff
 shall also send by first class mail or email a copy of the NYVRA notifi-
 cation  letter  to the civil rights bureau. 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 commis-
 sioner of education.
   (a)  A  prospective  plaintiff  shall  not  commence a judicial action
 against a political subdivision OR BOARD OF ELECTIONS under this section
 within fifty days of sending to the political subdivision  OR  BOARD  OF
 ELECTIONS 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 OR BOARD OF ELECTIONS may pass a resolution affirming:
 (i)  the  political  subdivision's  OR  BOARD OF ELECTIONS' intention to
 enact and implement a remedy for a potential violation  of  this  title;
 (ii) specific steps the political subdivision OR BOARD OF ELECTIONS 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 OR BOARD OF ELECTIONS passes a NYVRA resol-
 ution, such political subdivision OR BOARD OF ELECTIONS shall have nine-
 ty 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 OR  BOARD  OF  ELECTIONS.
 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. Within
 seven days of passing a NYVRA resolution, the political  subdivision  OR
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 BOARD OF ELECTIONS shall send by first class mail or email a copy of the
 resolution to the civil rights bureau.
   (c)  If  A  BOARD  OF  ELECTIONS  OR 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 OR BOARD OF ELECTIONS is a
 covered entity as defined under section 17-210 of this title, the  BOARD
 OF  ELECTIONS  OR  THE governing body of the political subdivision shall
 undertake the steps enumerated in the following provisions:
   (i) The BOARD OF ELECTIONS OR governing body of the political subdivi-
 sion may approve a proposed remedy that complies  with  this  title  and
 submit  such  a proposed remedy to the civil rights bureau no later than
 one hundred twenty days after the passage of the NYVRA resolution.  Such
 a submission shall be referred to as a "NYVRA proposal" in this title.
   (ii)  Prior  to passing a NYVRA proposal, the political subdivision OR
 BOARD OF ELECTIONS 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 OR BOARD OF ELECTIONS may
 conduct outreach to the public, including to non-English-speaking commu-
 nities, to encourage public participation.
   (iii) Within sixty days of receipt of  a  NYVRA  proposal,  the  civil
 rights  bureau  shall  grant or deny approval of the NYVRA proposal. The
 civil rights bureau may invoke an extension of  up  to  twenty  days  to
 review the proposal.
   (iv)  The  civil  rights bureau shall only grant approval to the NYVRA
 proposal if it concludes that: (A) the political subdivision OR BOARD OF
 ELECTIONS may be in violation of this  title;  (B)  the  NYVRA  proposal
 would  remedy  any  potential violation of this title cited in the NYVRA
 notification letter and would not give rise to any  other  violation  of
 this  title; (C) the NYVRA proposal is unlikely to violate the constitu-
 tion or any relevant federal law; and (D) 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 OR BOARD OF ELECTIONS is a covered
 entity as defined under section 17-210  of  this  title,  the  political
 subdivision  OR  BOARD  OF  ELECTIONS  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 OR BOARD OF ELECTIONS that has passed a
 NYVRA resolution may enter into an agreement with the prospective plain-
 tiff providing that such prospective plaintiff  shall  not  commence  an
 action  pursuant  to  this  section against the political subdivision OR
 BOARD OF ELECTIONS for an additional ninety days.  Such agreement  shall
 include  a  requirement that [either] the political subdivision OR BOARD
 OF ELECTIONS shall EITHER enact and implement  a  remedy  that  complies
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 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 OR BOARD OF ELECTIONS enacts  or  imple-
 ments  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  OR  BOARD  OF
 ELECTIONS  may request additional documentation if the provided documen-
 tation is insufficient to corroborate the  claimed  costs.  A  political
 subdivision  OR  BOARD OF ELECTIONS shall reimburse a prospective plain-
 tiff for reasonable costs claimed, or in an amount to which the  parties
 mutually  agree. The cumulative amount of reimbursements to all prospec-
 tive 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 OR BOARD OF ELECTIONS 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  subdivi-
 sion'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  OR  BOARD  OF ELECTIONS is scheduled to
 conduct any election within one hundred twenty days, a plaintiff  alleg-
 ing any violation of this title may commence a judicial action against a
 political subdivision OR BOARD OF ELECTIONS 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  judi-
 cial  action,  any such plaintiff shall also submit a NYVRA notification
 letter to the political subdivision OR BOARD OF ELECTIONS.  In the event
 that a judicial action commenced under this provision  is  withdrawn  or
 dismissed  for  mootness  because  the political subdivision OR BOARD OF
 ELECTIONS 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.
   §  3. Paragraph (b) of subdivision 5 of section 17-206 of the election
 law, as added by chapter 226 of the laws of 2022, is amended to read  as
 follows:
   (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  OR  BOARD  OF
 ELECTIONS.  The court shall have the power to require a political subdi-
 vision OR BOARD OF ELECTIONS 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.
 S. 10612                            6
   § 4. Subdivisions 1, 2, 3, 4,  5  and  7  of  section  17-210  of  the
 election  law, subdivisions 1, 2, 4 and 5 as added by chapter 226 of the
 laws of 2022, subdivision 3,  subparagraph  (ii)  of  paragraph  (f)  of
 subdivision 4 and subdivision 7 as amended by chapter 216 of the laws of
 2024, are amended to read as follows:
   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 EITHER 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[,]  OR  location[,  or hours] of any election day or early
 voting poll site;
   (h) HOURS OF ANY ELECTION DAY OR EARLY VOTING POLL SITE;
   (I) Dates of elections and the election calendar, except with  respect
 to special elections;
   [(i)] (J) Registration of voters;
   [(j)]  (K)  Assignment  of election districts to election day or early
 voting poll sites;
   [(k)] (L) Assistance offered to members of a language-minority  group;
 and
   [(l)]  (M) 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 modi-
 fied voting qualification, prerequisite to voting, law, ordinance, stan-
 dard,  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 OR BOARD OF ELECTIONS 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  consti-
 tution, or a voting-related violation of the fourteenth amendment to the
 United  States  constitution;  (b) any political subdivision OR BOARD OF
 ELECTIONS 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
 voting  age  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
 S. 10612                            7
 proportion that the protected class constitutes of  the  citizen  voting
 age  population  of  the county as a whole by at least twenty percentage
 points at any point within the previous ten  years;  (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 individuals within the political subdivision at any point
 within the previous ten years; (e) any political subdivision in which  a
 board of elections has been established, IF SUCH BOARD OF ELECTIONS IS A
 COVERED ENTITY OR if such political subdivision contains a covered enti-
 ty fully within its borders; or (f) any board of elections that has been
 established in a political subdivision that is a covered entity pursuant
 to paragraph (a), (b), (c), (d) or (e) of this subdivision.
   4.  Preclearance  by the attorney general. A covered entity may obtain
 preclearance for a covered policy from the civil rights bureau, PROVIDED
 THAT NO APPLICATION FOR PRECLEARANCE CONCERNING SUCH COVERED  POLICY  IS
 THEN  PENDING  BEFORE  ANY  COURT  PURSUANT  TO SUBDIVISION FIVE OF THIS
 SECTION, 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; PROVIDED, HOWEVER, THAT THE CIVIL RIGHTS  BUREAU  MAY
 GRANT PRECLEARANCE ON A PRELIMINARY BASIS BEFORE SUCH COMMENT PERIOD HAS
 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 preclear-
 ance. The civil rights bureau's reports and determination shall be post-
 ed 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  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
 S. 10612                            8
 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 BUSINESS
 days following the receipt of such covered policy.
   (ii) The civil rights bureau may invoke an extension of up  to  twenty
 BUSINESS days to make a determination pursuant to this paragraph, if the
 civil  rights  bureau  determines that good cause exists for such exten-
 sion.
   (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 BUSINESS
 days following the receipt of such covered policy and  make  a  determi-
 nation  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 BY THE COVERED ENTITY  SUBJECT  TO  THE  DETERMI-
 NATION  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, PROVIDED THAT NO APPLI-
 CATION FOR PRECLEARANCE CONCERNING SUCH COVERED POLICY IS  THEN  PENDING
 BEFORE  THE  CIVIL  RIGHTS  BUREAU  PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION, pursuant to the following process:
   (a) The covered entity shall [submit the covered policy in writing to]
 FILE A VERIFIED PETITION AND PROPOSED ORDER TO SHOW  CAUSE,  NAMING  THE
 ATTORNEY GENERAL AS RESPONDENT, WITH THE SUPREME COURT FOR the following
 S. 10612                            9
 designated  [court]  COUNTY  in the judicial department within which the
 covered entity is located: (i) first judicial department: New York coun-
 ty; (ii) second judicial department:  Westchester  county;  (iii)  third
 judicial department: Albany county; and (iv) fourth judicial department:
 Erie  county. THE PETITION SHALL SET FORTH EACH COVERED POLICY FOR WHICH
 THE COVERED ENTITY SEEKS PRECLEARANCE IN  A  SEPARATE  COUNT  AND  SHALL
 APPEND  AFFIDAVITS  AND  OTHER  EVIDENCE,  INCLUDING  EXPERT EVIDENCE AS
 NECESSARY, SUFFICIENT TO PROVE THAT EACH SUCH COVERED  POLICY  SATISFIES
 THE  REQUIREMENTS  FOR  PRECLEARANCE  PURSUANT  TO PARAGRAPH (H) OF THIS
 SUBDIVISION. IF A  PETITION  CONTAINS  MULTIPLE  COVERED  POLICIES,  THE
 ATTORNEY GENERAL MAY MOVE FOR SEVERANCE SO THAT THE COVERED POLICIES MAY
 BE  ADDRESSED  IN  SEPARATE  PROCEEDINGS.  THE  ORDER  TO SHOW CAUSE MAY
 PROVIDE FOR AN  INITIAL  APPEARANCE  UPON  THE  SCHEDULED  RETURN  DATE,
 PROVIDED THAT THE RETURN DATE SHALL THEREAFTER BE ADJOURNED AS NECESSARY
 TO  ALLOW FOR ADEQUATE REVIEW OF THE APPLICATION BY THE ATTORNEY GENERAL
 AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION.  SIMULTANEOUSLY  WITH
 THE  FILING OF THE PETITION, THE COVERED ENTITY SHALL FILE A REQUEST FOR
 JUDICIAL INTERVENTION REQUESTING THE  ASSIGNMENT  OF  A  JUDGE.  If  the
 covered  entity is a county or city board of elections, it shall contem-
 poraneously provide a copy of the [covered policy] PETITION 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)] WITHIN THREE BUSINESS DAYS OF  FILING  A  PETITION,  THE  COVERED
 ENTITY SHALL FILE AN AFFIDAVIT DEMONSTRATING THAT A COPY OF THE APPLICA-
 TION  WAS PROVIDED TO THE CIVIL RIGHTS BUREAU IN THE MANNER SPECIFIED BY
 SUCH BUREAU, WHICH SHALL CONSTITUTE SERVICE OF THE PETITION. IF NO  SUCH
 AFFIDAVIT  IS  TIMELY  FILED,  THE COURT SHALL AUTOMATICALLY DISMISS THE
 PETITION WITHOUT PREJUDICE, AND PRECLEARANCE SHALL BE DENIED.
   (C) UPON THE ATTORNEY GENERAL'S RECEIPT OF A  PETITION,  THE  ATTORNEY
 GENERAL  SHALL BE PERMITTED TO REVIEW THE PETITION AND ASSERT A POSITION
 OR NO POSITION AS TO WHETHER PRECLEARANCE  IS  APPROPRIATE  AS  PROVIDED
 HEREIN, AND THE RETURN DATE ON THE PETITION SHALL BE ADJOURNED, BY STIP-
 ULATION,  ORDER  OF  THE  COURT, OR OTHERWISE, AS NECESSARY TO ALLOW FOR
 SUCH ADEQUATE REVIEW. IF THE ATTORNEY GENERAL DETERMINES THAT THE INFOR-
 MATION PROVIDED BY THE PETITIONER WITH THE APPLICATION  IS  INSUFFICIENT
 FOR  THE  ATTORNEY  GENERAL  TO  ADEQUATELY  REVIEW THE APPLICATION, THE
 ATTORNEY GENERAL MAY REQUEST THE PETITIONER PROVIDE ANY OMITTED INFORMA-
 TION, DOCUMENT, OR FILE. IF THE PETITIONER FAILS TO PROVIDE THE INFORMA-
 TION, DOCUMENT, OR FILE REQUESTED, OR  FAILS  TO  DEMONSTRATE  THAT  ANY
 REQUESTED  INFORMATION, DOCUMENT, OR FILE IS UNAVAILABLE AFTER THE EXER-
 CISE OF DUE DILIGENCE, THE ATTORNEY GENERAL  MAY  MOVE  TO  DISMISS  THE
 PETITION.  SUCH  REQUESTS  FOR  INFORMATION  BY THE ATTORNEY GENERAL AND
 RESPONSES BY THE PETITIONER SHALL NOT BE FILED  WITH  THE  COURT  UNLESS
 OTHERWISE ORDERED. UPON THE COMPLETION OF THE ATTORNEY GENERAL'S REVIEW,
 THE  ATTORNEY  GENERAL SHALL FILE EITHER A NOTICE OF THE ATTORNEY GENER-
 AL'S ELECTION NOT TO TAKE ANY POSITION CONCERNING  THE  PETITION  OR  AN
 ANSWER  TO  THE PETITION, WHICH SHALL ADMIT OR DENY WHETHER EACH COVERED
 POLICY  SET  FORTH  IN  THE  PETITION  SATISFIES  THE  REQUIREMENTS  FOR
 PRECLEARANCE  SET FORTH IN PARAGRAPH (H) OF THIS SUBDIVISION. THE ATTOR-
 NEY GENERAL'S FAILURE TO TIMELY FILE EITHER A NOTICE OR AN ANSWER  SHALL
 S. 10612                           10
 BE DEEMED AS THE ATTORNEY GENERAL NOT TAKING ANY POSITION CONCERNING THE
 PETITION.
   (D) IF THE ATTORNEY GENERAL FILES A NOTICE OF ELECTION NOT TO TAKE ANY
 POSITION  CONCERNING  THE  PETITION,  THE PETITION SHALL BE DEEMED FULLY
 SUBMITTED ON THAT DATE. THE COURT SHALL REVIEW THE RECORD, INCLUDING ANY
 SUBMISSIONS MADE PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, HOLD ANY
 HEARINGS OR PROCEEDINGS THE COURT DEEMS NECESSARY, AND DETERMINE WHETHER
 EACH COVERED POLICY SET FORTH IN THE PETITION SATISFIES THE REQUIREMENTS
 FOR PRECLEARANCE SET FORTH IN PARAGRAPH (H) OF THIS SUBDIVISION.  WITHIN
 SIXTY  DAYS  FOLLOWING  THE  SUBMISSION,  THE COURT SHALL ISSUE JUDGMENT
 GRANTING OR DENYING PRECLEARANCE ACCORDINGLY.
   (E) IF THE ATTORNEY GENERAL FILES AN ANSWER ADMITTING THAT ANY COVERED
 POLICY SATISFIES THE REQUIREMENTS FOR PRECLEARANCE, THERE  SHALL  BE  NO
 REPLY  BY  THE  PETITIONER  AND  THE  APPLICATION  SHALL BE DEEMED FULLY
 SUBMITTED ON THAT DATE. THE COURT MAY HOLD ANY HEARINGS  OR  PROCEEDINGS
 THE  COURT DEEMS NECESSARY. THE COURT SHALL ISSUE JUDGMENT NO LATER THAN
 SIXTY DAYS FROM THE DATE THE APPLICATION IS DEEMED FULLY SUBMITTED.
   (F) IF THE ATTORNEY GENERAL FILES AN ANSWER DENYING THAT  ANY  COVERED
 POLICY SATISFIES THE REQUIREMENTS FOR PRECLEARANCE, THE PETITIONER SHALL
 BE  PERMITTED  A  REPLY,  AFTER  WHICH  THE MATTER SHALL BE DEEMED FULLY
 SUBMITTED TO THE COURT ON A DATE SET BY STIPULATION, ORDER OF THE COURT,
 OR  OTHERWISE.  THE  COURT  SHALL  REVIEW  THE  RECORD,  INCLUDING   ANY
 SUBMISSIONS MADE PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, HOLD ANY
 HEARINGS OR PROCEEDINGS THE COURT DEEMS NECESSARY, AND DETERMINE WHETHER
 EACH COVERED POLICY SET FORTH IN THE PETITION SATISFIES THE REQUIREMENTS
 FOR  PRECLEARANCE SET FORTH IN PARAGRAPH (H) OF THIS SUBDIVISION. WITHIN
 SIXTY DAYS FOLLOWING THE SUBMISSION,  THE  COURT  SHALL  ISSUE  JUDGMENT
 GRANTING OR DENYING PRECLEARANCE ACCORDINGLY.
   (G)  THE COURT SHALL MAKE PROVISION FOR THE CONSIDERATION OF THE VIEWS
 OF AGGRIEVED PERSONS OR ORGANIZATIONS AS THE  COURT  DEEMS  APPROPRIATE,
 INCLUDING  THROUGH  INTERVENTION  WITH LEAVE OF COURT, THE ACCEPTANCE OF
 AMICUS CURIAE SUBMISSIONS, OR INFORMAL METHODS OF SUBMISSION.
   (H) 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)] (I) If the court denies preclearance, or fails to respond within
 [sixty days] THE TIMEFRAMES SET FORTH IN THIS SUBDIVISION,  the  covered
 policy shall not be enacted or implemented.
   [(f)]  (J)  Appeal  of  any  denial may be taken BY THE COVERED ENTITY
 SUBJECT TO THE DETERMINATION according to the ordinary rules  of  appel-
 late procedure. Due to the frequency and urgency of elections, [actions]
 PROCEEDINGS  brought  pursuant to this section BY COVERED ENTITIES shall
 be subject to expedited pretrial and trial proceedings  and  receive  an
 automatic  calendar  preference  on appeal, SUBJECT TO THE PROVISIONS OF
 THIS SUBDIVISION.
   7. Notification. (a) Any political subdivision OR BOARD  OF  ELECTIONS
 that  becomes  subject to a court order or government enforcement action
 as provided in paragraph (a) or (b) of subdivision three of this section
 shall notify the civil rights bureau within thirty days of the  issuance
 of such order or enforcement action.
   (b)  Any  political  subdivision  OR  BOARD  OF ELECTIONS that becomes
 involved in litigation concerning voting shall notify the  civil  rights
 bureau within thirty days of the commencement of such litigation.
 S. 10612                           11
   (c)  No  more  than thirty days after publication of a list of covered
 entities by the civil rights bureau, each  covered  entity  included  in
 such  list  shall  notify  the  civil  rights  bureau of the name, email
 address, and telephone number of an individual  with  the  authority  to
 submit  covered policies for preclearance on behalf of the covered enti-
 ty. Each such covered entity shall notify the civil rights bureau within
 thirty days of any material change to the information required  pursuant
 to this paragraph.
   §  5. Section 17-214 of the election law, as amended by chapter 216 of
 the laws of 2024, is amended to read as follows:
   § 17-214. [Enforcement] ATTORNEY GENERAL AUTHORITIES AND MISCELLANEOUS
 PROVISIONS. 1. Enforcement by the attorney general. If the civil  rights
 bureau  concludes  that  a  submission by a political subdivision or any
 other party is insufficient to complete its  review,  the  civil  rights
 bureau  may  request  that the party provide additional information, and
 the time periods for review provided in this title shall recommence upon
 receipt of such information. If such information is not  provided,  such
 time periods for review shall not apply.
   2.  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.
   3.  Preclearance.  Covered entities shall provide information relevant
 to preclearance to the civil rights bureau upon request.
   4. ANY PLAINTIFF THAT COMMENCES A JUDICIAL  ACTION  UNDER  THIS  TITLE
 SHALL  SEND  A COPY OF THE COMPLAINT TO THE CIVIL RIGHTS BUREAU BY FIRST
 CLASS MAIL OR EMAIL WITHIN TEN DAYS OF THE COMMENCEMENT OF SUCH ACTION.
   § 6. Section 17-222 of the election law, as added by  chapter  226  of
 the laws of 2022, is amended to read as follows:
   § 17-222. Severability. If any provision of this title or its applica-
 tion  to  any  person,  political  subdivision,  BOARD  OF ELECTIONS, or
 circumstance is held invalid, the  invalidity  shall  not  affect  other
 provisions or applications of this title which can be given effect with-
 out the invalid provision or application, and to this end the provisions
 of this title are severable.
   § 7. This act shall take effect immediately.