NYS Law Gives AG Power Over Closest Election Contests

New York Attorney General Letitia James (D), will soon have the Power to make many Election-related Decisions in the State.

Starting Sept. 22nd, a Provision of the State Voting-Rights-Act will require certain Local Covernments to seek “Preclearance” from the AG or a Ddesignated Court, to make many Election-related Decisions, including some that are relatively Minor, like moving a Poll Site or a Voter List must be Culled to Removed Deceased Voters.

For instance, for covered Local Governments, something as trifling as Reassigning Election Districts, or Changing the Hours of Early Voting, will have to be Officially Precleared. The New Rule upends the System of Constitutionally Mandated, Bipartisan Election Administration that has served New York’s Voters ably for Generations.

And it will give the AG Unprecedented Power over Election Processes, in some of the most Hotly Contested Congressional Districts in the Nation, including those on Long Island and in the Hudson Valley. Jurisdictions can fall under the New Rule’s for Multiple Reasons, including Arrest Rates for Citizens in “Protected Classes.”

More troubling, the Law includes a Provision that allows the AG to Expand the List of Local Election Board Functions that will require Preclearance.

Proponents of the Law argue that the Preclearance process will Protect the Civil and Voting Rights of New York’s Minority Voters. In reality, it’s a Massive Power Grab by the AG, and a sly attempt to Subvert the State Constitution’s Guarantee of Bipartisan Control of Election Boards.

The Preclearance Rules of the State VRA, however, undermine this Constitutionally Mandated system of Bipartisan Election Administration. Under the State VRA, the AG effectively has Veto Power over some of the most Basic and Noncontroversial Decisions and Functions of a Local Board of Elections.

And the recently Adopted Procedure for Local Governments to seek the AG’s Blessing is so Complicated that it’ll leave even the most Seasoned Election Lawyer scratching his head.

The Counties covered by the New Mandate tend to be the Largest ones:

- Upstate New York: Albany, Erie, Monroe, and Onondaga.

- New York City and its surrounding Counties: Nassau, Suffolk, Rockland, and Westchester.

These Counties contain closely Contested Congressional Races that will likely determine if Mike Johnson (R-LA, 4th District) or Hakeem Jeffries (D-NY,8th District) is Speaker of the House in January 2025.

The State VRA’s Preclearance requirement, and James’ New ability to Micromanage Local Election Operations, will take effect just as these already contentious House Races enter their Final Rounds.










NYC Wins When Everyone Can Vote! Michael H. Drucker