John R. Lewis Voting Rights Act of New York | |
---|---|
New York State Legislature | |
Acronym | NYVRA |
Assembly voted | June 2, 2022 (106-43) |
Senate voted | May 31, 2022 (43-20) |
Signed into law | June 20, 2022 |
Governor | Kathy Hochul |
Section | N.Y. Elec. Law § 17-210 |
Bill | S.1046-E / A.6678-E |
Status: Partly in force |
The John R. Lewis Voting Rights Act of New York (NYVRA) is a State Voting Rights Act (SVRA) modeled after the federal Voting Rights Act that is designed to prevent racial voter suppression and discrimination. It is named after the late civil rights activist and Congressman John Lewis. [1] The act prohibits voter suppression, including vote dilution, voter intimidation, voter deception, and voter obstruction. It also establishes preclearance requirements for certain jurisdictions as well as expanded requirements for jurisdictions with a certain number of adult citizens with limited English proficiency. [2]
The NYVRA was introduced in the New York Senate as S.1046-E and in the New York Assembly as A.6678-E. On May 31, 2022, it passed the New York State Senate by a vote of 43 in favor and 20 against. [3] On June 2, 2022, it passed the New York State Assembly by a vote of 106 in favor and 43 against. [4] On June 20, 2022, Governor Kathy Hochul signed the NYVRA into law. [5]
The act creates a preclearance requirement for certain jurisdictions with a history of discrimination. These jurisdictions must seek approval from the New York Office of the Attorney General or a state court before making certain changes to their election procedures. This provision is modeled after Section 5 of the Voting Rights Act of 1965, which has been inactive since 2013 following the Supreme Court Case Shelby County v. Holder . The preclearance requirements of the NYVRA go into effect on September 22, 2024. [2]
On February 7, 2024 a group of organizations, including New York Communities for Change, filed a lawsuit against Nassau County over the redistricting maps passed by the Nassau County Legislature. The lawsuit includes allegations that the redistricting plan violates the NYVRA. A case determining the constitutionality of state voting rights acts may ultimately wind up before the U.S. Supreme Court. [6] [7]
On November 9, 2024, Orange County state court Justice Maria Vazquez-Doles struck down the law as unconstitutional, per recent decisions by the United States Supreme Court. State Senator Zellnor Myrie, a sponsor of the bill, indicated that the decision would be appealed. [8]
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act sought to secure the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. The National Archives and Records Administration stated: "The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in the area of voting since the Reconstruction period following the Civil War".
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Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4, which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of racial discrimination in voting.
Voter suppression in the United States consists of various legal and illegal efforts to prevent eligible citizens from exercising their right to vote. Such voter suppression efforts vary by state, local government, precinct, and election. Voter suppression has historically been used for racial, economic, gender, age and disability discrimination. After the American Civil War, all African-American men were granted voting rights, but poll taxes or language tests were used to limit and suppress the ability to register or cast a ballot. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 improved voting access. Since the beginning of voter suppression efforts, proponents of these laws have cited concerns over electoral integrity as a justification for various restrictions and requirements, while opponents argue that these constitute bad faith given the lack of voter fraud evidence in the United States.
Gerrymandering is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies, often resulting in districts with convoluted, winding boundaries rather than compact areas. The term "gerrymandering" was coined after a review of Massachusetts's redistricting maps of 1812 set by Governor Elbridge Gerry noted that one of the districts looked like a mythical salamander.
The U.S. Congress enacted major amendments to the Voting Rights Act of 1965 in 1970, 1975, 1982, 1992, and 2006. Each of these amendments coincided with an impending expiration of some of the Act's special provisions, which originally were set to expire by 1970. However, in recognition of the voting discrimination that continued despite the Act, Congress repeatedly amended the Act to reauthorize the special provisions.
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The Voting Rights Act of Virginia is a Virginia law that prohibits racial discrimination in voting and establishes a preclearance provision for proposed changes to election administration, among other provisions. It is modeled after the federal Voting Rights Act of 1965, as well as the John Lewis Voting Rights Act, and is the first voting rights act enacted in the American South.
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The John R. Lewis Voting Rights Act of Connecticut (CTVRA) is a Connecticut state statute and State Voting Rights Act (SVRA) designed to protect voting rights. It is modeled after the federal Voting Rights Act of 1965. It codifies many of the requirements of the federal act into state law and contains provisions designed to prevent discrimination. This includes preclearance provisions, the federal version of which is currently inoperable following the Supreme Court's decision in Shelby County v. Holder.
In the United States, a State Voting Rights Act (SVRA) is a state-level provision (either state constitutional amendment or state statute) that addresses racial discrimination in voting and provides protections beyond those offered by the federal Voting Rights Act of 1965. SVRAs seek to mitigate the impact of court decisions that have weakened the federal VRA, such as the 2013 decision in Shelby County v. Holder. By implementing preclearance measures and combating racial vote dilution, SVRAs create stronger protections for minority voters at the state level.