AG James gains authority over New York’s upcoming elections.
Political enthusiasts are currently focused on the latest happenings in the presidential election, but a significant political development in New York could have far-reaching implications for how elections are conducted in the state and potentially impact which party holds power in Washington in 2025.
Commencing on September 22, a provision of the state Voting Rights Act will necessitate certain local governments to obtain “preclearance” from the state Attorney General or a designated court for various election-related decisions, even minor ones.
For example, covered local governments will need official preclearance for tasks such as reallocating election districts to a polling location or changing early voting hours.
This new regulation disrupts New York’s long-standing system of bipartisan election administration and grants AG Letitia James unprecedented authority over election processes in key congressional districts, including those in Long Island and the Hudson Valley.
The change is a result of New York’s newly enacted Voting Rights Act, signed by Governor Hochul in 2022, which mandates certain entities to seek approval from the AG or a designated court before making election-related changes.
Jurisdictions can fall under the purview of this rule for various reasons, such as arrest rates for individuals in “protected classes.”
Advocates of the law argue that the preclearance process safeguards the civil and voting rights of minority voters in New York.
However, in reality, it represents a significant power shift to the AG and an attempt to circumvent the state Constitution’s requirement for bipartisan control of election boards.
The state VRA’s preclearance requirement undermines the bipartisan election administration system mandated by the state Constitution, giving the AG the ability to veto basic decisions of local Boards of Elections.
This regulation goes into effect on September 22, just ahead of the 2024 general election, and is likely to impact key House races in the state.
The counties that fall under the new mandate tend to be the largest, including those in upstate New York and the New York City area.
These counties encompass closely contested congressional races that could determine the speaker of the House in 2025.
New Yorkers across party lines desire fair, honest, and efficient elections, and the state’s existing bipartisan election administration system already serves voters adequately.
Meddling by the AG will not improve elections or public trust in them.
Joseph T. Burns is a partner in the law firm Holtzman Vogel and a New York State-based election lawyer.
