(ProsperNews.net) – A new requirement set to take effect in New York this weekend will grant Democratic Attorney General Letitia James significant power over the state’s election processes, according to election attorney Joseph T. Burns. The rule is part of the John R. Lewis Voting Rights Act of New York, which Governor Kathy Hochul signed into law in 2022. Under this law, certain jurisdictions must request preclearance from the attorney general or a designated court before making any election-related decisions, ranging from adjusting early voting hours to updating voter lists by removing deceased residents.
Burns, a partner at the law firm Holtzman Vogel, described the new rule as a substantial power grab by the attorney general and a departure from New York’s tradition of bipartisan election administration. He expressed concern that this new requirement could impact key congressional districts in Long Island and the Hudson Valley. Burns criticized the lack of public awareness about this change, stating, “Nobody’s talking about it. It’s pretty remarkable.”
According to Burns, the new law disrupts the established bipartisan system, which has historically governed New York elections through boards that equally represent Republicans and Democrats. He argues that this new rule undermines the checks and balances provided by the bipartisan system, placing significant power in the hands of a single partisan official.
The preclearance requirement applies to “covered entities,” including New York City, Long Island’s nine counties, and other jurisdictions identified based on factors such as arrest rates among protected classes and prior civil rights violations. Burns explained that jurisdictions deemed “covered entities” must obtain the AG’s approval or that of a designated court before implementing election-related changes, adding an additional bureaucratic layer that could delay decision-making close to election times.
Burns emphasized that while bipartisan boards are not without flaws, the current system allows for both parties to have a stake in ensuring fair and efficient elections. He expressed concern that the new rule could disrupt the established processes and shake public confidence in election integrity, arguing, “Our elections — and the public’s faith in them — will not be improved by the AG’s meddling.”
With the new rule set to take effect just over a month before the presidential election, there is apprehension that these changes could cause complications at the polls. Burns warned that even minor adjustments, such as changing a polling location, would now require additional paperwork and approval, potentially slowing down critical election preparations.
James’ office has not responded to requests for comment regarding the new requirement and Burns’ concerns.
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