Although the majority of political enthusiasts concentrate on the most recent developments in the presidential contest, political upheaval in the Empire State can drastically change how New Yorkers conduct elections and might even affect which party will be in power in Washington in 2025.
Commencing on September 22, a section of the state Voting Rights Act mandates that specific local governments obtain “preclearance” from the state Attorney General or a designated court before making any election-related actions, including those that seem insignificant.
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For example, even minor changes like moving electoral districts to a different polling place or altering the early voting hours would require formal preapproval for local governments that fall under the coverage.
The nonpartisan, legally required election administration structure that has successfully served New York voters for many years is completely overturned by the new regulation.
Additionally, it would provide AG Letitia James unparalleled control over election procedures in some of the country’s most fiercely fought congressional districts, such as those in the Hudson Valley and on Long Island.
The New York Voting Rights Act, which was approved by both houses of the Legislature and signed by Governor Hochul in 2022, is the source of the modification.
A designated court or the AG’s approval is required by law for certain counties, cities, municipalities, villages, and school districts before they may make any changes to elections or voting.
The new regulation may have an impact on jurisdictions for a variety of reasons, such as the arrest rates of citizens in “protected classes.”
If the Board of Elections in that jurisdiction wants to relocate a polling place or purge a voter list to remove deceased people, they must first request AG clearance.
Even more concerning is a clause in the statute that gives the AG the authority to add further duties to the local electoral board that need prior approval.
The preclearance procedure, according to the law’s supporters, would safeguard minority voters’ civil and voting rights in New York.
The AG is attempting to undermine the state Constitution’s provision of bipartisan control over election boards with this huge power grab.
While Albany is notorious for its poor performance in many areas, election management has traditionally been an exception.
In New York, elections are overseen by nonpartisan boards with equal representation for the two major parties.
Even in areas where one party predominates, like New York City, both parties have an interest in making sure that elections go off without a hitch.
There are undoubtedly some inefficiencies in this system, and it is far from ideal. However, it is effective in maintaining voter confidence.
Most significantly, our state’s constitution mandates it. However, this constitutionally required system of nonpartisan election administration is undermined by the preclearance provisions of the state VRA.
The AG essentially has veto authority over certain of the most fundamental and uncontroversial decisions and actions of a local board of elections under the state VRA.
And even the most seasoned election lawyer would be left scratching his head by the recently enacted process for local governments to seek the AG’s consent.
Less than two months before the general election of 2024, on September 22, all of this comes into effect.
Preclearance requirements affect certain municipal governments, therefore this year they will probably have an influence, particularly on important House of Representatives contests.
Typically, the largest counties are those that are subject to the new obligation. Erie, Monroe, Onondaga, and Albany counties in upstate New York are all included. Included are New York City and the counties of Nassau, Suffolk, Rockland, and Westchester that surround it.
The outcome of the hotly contested congressional contests in these counties will probably determine who will be Speaker of the House in January 2025—Mike Johnson or Hakeem Jeffries.
These already controversial House contests are about to go into the final stages, and with them the state VRA’s preclearance requirement and James’ newfound power to micromanage local election operations.
All political parties and ideologies in New York want elections to be conducted honestly, fairly, and effectively; voters are already well-served by the state’s nonpartisan election administration system.
