New Requirement in New York Grants Attorney General Unprecedented Power Over Election Process
In a groundbreaking move that has largely flown under the radar, a new requirement in New York is set to grant Democrat New York Attorney General Letitia James unprecedented power over the state’s election process. Election attorney Joseph T. Burns, partner at the law firm Holtzman Vogel, spoke with Fox News Digital in a phone interview this week, expressing concern over the implications of this new rule.
The John R. Lewis Voting Rights Act of New York, signed into law by Governor Kathy Hochul in 2022, includes a preclearance requirement that is scheduled to take effect on September 22. This requirement mandates that certain jurisdictions in the state must seek preclearance from the attorney general or a designated court for any election-related decisions, ranging from adjusting early voting hours to updating voter lists with deceased residents.
Burns raised alarm about the significant impact this new law will have on election processes in hotly contested congressional districts in New York, particularly on Long Island and in the Hudson Valley. He published an op-ed in the New York Post warning that the law grants the attorney general unprecedented power over these processes, which has the potential to disrupt the longstanding bipartisan system of election administration in the state.
Implications of the New Rule on Election Processes in New York
The upcoming requirement covers a wide range of jurisdictions in New York, including New York City and nine counties on Long Island, such as the township of Hempstead. These areas, identified as “covered entities,” must adhere to the preclearance requirement based on specific criteria outlined in the law.
According to Burns, the determination of covered entities is influenced by factors such as arrest rates for residents of protected classes and any history of civil rights or voting rights violations within the last 25 years. This designation places significant oversight power in the hands of the attorney general, potentially impacting the decision-making process for crucial election-related matters.
Challenges to Bipartisan Election Administration
Burns highlighted the potential challenges posed by the new rule to the bipartisan nature of election administration in New York. The state’s Constitution mandates that elections be overseen by bipartisan boards representing both the Republican and Democrat parties, ensuring a balanced and fair system of governance.
However, the preclearance rules introduced by the state VRA threaten to undermine this bipartisan approach by concentrating power in the hands of a partisan elected official. This shift could disrupt the collaborative efforts of both parties to uphold election integrity and maintain public trust in the electoral process.
Potential Impact on the 2024 Presidential Election
With the new rule set to go into effect just 40 days before the 2024 presidential election, concerns have been raised about potential disruptions at the polls. Burns pointed out that unforeseen events, such as facility damage or emergencies, could necessitate the relocation of polling sites, requiring approval from the attorney general’s office.
While Burns acknowledged that the AG’s office may swiftly approve such applications, he emphasized the additional bureaucratic hurdles and delays that could arise as a result of the preclearance requirement. This added layer of oversight could complicate the logistics of running an election smoothly and efficiently, potentially affecting voter turnout and confidence in the process.
Maintaining Voter Confidence in New York Elections
Despite the challenges posed by the new requirement, Burns emphasized the need for all parties to prioritize fair, honest, and efficient elections in New York. He underscored the importance of preserving the state’s existing system of bipartisan election administration, which has successfully instilled voter confidence over the years.
While recognizing the imperfections and inefficiencies of the current system, Burns argued that the bipartisan oversight of elections has been crucial in upholding the integrity of the electoral process. He cautioned against the AG’s interference in this system, warning that it could erode public trust in the fairness and transparency of elections in the state.
Conclusion
The upcoming preclearance requirement in New York represents a significant shift in the state’s election process, granting the attorney general unprecedented power over key decision-making aspects. As stakeholders navigate the implications of this new rule, concerns have been raised about its impact on the bipartisan nature of election administration and the potential challenges it may pose in future elections.
It remains to be seen how the preclearance requirement will be implemented and its effects on the electoral landscape in New York. As the state prepares for the 2024 presidential election, stakeholders will need to work together to ensure that the integrity and fairness of the electoral process are upheld, despite the changes brought about by this new mandate.
