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Court supports NY voting rights act; returns case for further review

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Friday, May 2, 2025

Court supports NY voting rights act; returns case for further review

State AG
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Attorney General Letitia James | Official website

New York Attorney General Letitia James announced that the New York Supreme Court Appellate Division for the Second Department has upheld the constitutionality of New York’s John R. Lewis Voting Rights Act (NYVRA) in the case of Clarke v. Newburgh.

"Our democracy thrives when all voters, regardless of their background, can make their voices heard at the ballot box," stated Attorney General James. "I am pleased with today’s decision upholding the constitutionality of New York’s John R. Lewis Voting Rights Act so that all New York voters can fairly and equally participate in our elections. My office will always protect and defend the constitutionality of our laws and New Yorkers’ most sacred right to vote."

The Office of the Attorney General intervened in Clarke v. Newburgh to support the NYVRA's prohibition against racially discriminatory vote dilution, ensuring equal access for all races in local elections. The recent court decision confirms this prohibition's constitutionality and sends the case back to a lower court to assess if Town of Newburgh's election process breaches NYVRA regulations.

Attorney General James has consistently advocated for voting rights protection across both state and national levels. In August 2024, she defended New York’s Early Mail Voter Act successfully. Earlier in April 2024, she secured up to $1.25 million from individuals who used robocalls to intimidate Black voters in New York. Before every election cycle, she issues alerts about voting rights and encourages citizens to reach out to OAG’s Election Protection Hotline for assistance.

In November 2022, Attorney General James supported a decision by the Appellate Division, Third Department that upheld reforms on absentee ballots aimed at enhancing voter access.

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