(The Center Square) — A New York appeals court has overturned a lower court ruling striking down a state law that prohibits local governments from setting restrictions that could suppress people’s voting rights because of their race.
The 4-0 ruling by the Appellate Division for the Second Judicial Department held that Orange County state court Justice Maria Vazquez-Doles overstepped her authority in November by striking down New York’s Voting Rights Act in its entirety.
The law, also known as the John R. Lewis Voting Rights Act after the late civil rights activist and Georgia congressman, was approved by the New York State Legislature in 2022. Democrats who pushed the bill through the Legislature said it seeks to restore the “preclearance” gutted from the federal Voting Rights Act of 1965 by a 2013 U.S. Supreme Court decision.
State law mandates that counties, cities, towns or school districts with a record of discrimination in New York must seek approval from state election officials before approving major changes to local voting laws that could impact Blacks, Hispanics and other racial minorities.
In March, a group of advocates sued the Town of Newburgh, alleging that the town’s use of an at-large method for electing the members of the Town Board violated the Voting Rights Act law “by diluting the votes of Hispanic and African-American voters.”
The lawsuit pointed out that the town has never elected an African American or Hispanic candidate to the council, despite the fact that they represent 14.6% and 23.6% of the town’s population, respectively.
The state Supreme Court ruled in November that the law violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, which prohibits a state from depriving “any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Because federal voting laws preempt state laws, Vazquez-Doles was forced to strike down the voting law in its entirety. However, the appellate panel ruled that she had no authority to invalidate the remaining portions of the Voting Rights Act.
“We are pleased, though not surprised, that the Appellate panel upheld the constitutionality of the New York State John R. Lewis Voting Rights Act and allowed the Newburgh residents who have been shut out of their city’s at-large electoral system to seek a fair shot at choosing candidates to represent them,” David Imamura, a lawyer representing the plaintiffs, said in a statement.
Attorney General Letitia James, whose office defended the law in court, praised the ruling and said it will “ensure that all New York voters can fairly and equally participate in our elections.”
“Our democracy thrives when all voters, regardless of their background, can make their voices heard at the ballot box,” the Democrat said in a statement. “My office will always protect and defend the constitutionality of our laws and New Yorkers’ most sacred right to vote.”
