The U.S. Supreme Court handed down a decision this week in New York Rifle and Pistol Association v. Bruen that will overturn New York’s concealed carry law. New York, along with six other states including Massachusetts, New Jersey, and California required an applicant to show “proper cause” for the need to carry outside the home in order to be granted a license. New York courts interpreted that phrase to require applicants to show more than a general desire to protect themselves or their property. Instead, applicants were required to demonstrate a special need for self-defense – for example, a pattern of physical threats.

In a concurring opinion from Justice Kavanagh, he made clear that licensing regimes for carry permits are constitutional, as long as the criteria for granting the license is objective and not subjective. Justice Thomas held that there are indeed sensitive areas in which state governments could impose restrictions on carrying firearms but rejected the idea that entire cities can be determined to be sensitive areas.

Reaction from New York lawmakers expressing disappointment in the decision was swift. Governor Hochul was joined by both the Speaker of the Assembly and Majority Leader of the Senate in expressing frustration over the decision.

Governor Hochul said in a statement:

Special Session Under Discussion

Governor Hochul suggested she would call lawmakers back to Albany for a special session to address the recent Supreme Court decision overturning New York’s concealed carry law. Among the steps they may take could include defining in statute what constitutes a sensitive area, where restrictions on carrying firearms are allowed.  It has been suggested that the Special Session could take place as early as next week, sometime after the primary for statewide and Assembly races.

Governor Signs Bill Requiring Schools to Consider Panic Alarms

The Governor signed Alyssa’s Law (S.7132B/A.10018), requiring schools to consider the use of silent panic alarm systems when conducting review and development of their school safety plans. The bill does not require the use of panic alarms but does require that schools consider their usefulness when developing their district-level school safety plans, and expressly authorizes their inclusion within building level safety plans.

Governor Hochul said:

Governor Signs John R. Lewis Voting Rights Act of New York

The Governor signed the John. R. Lewis Voting Rights Act of New York (S.1046-E/A.6678-E) into law which establishes a state-level pre-clearance system that requires certain jurisdictions with a history of racial discrimination in their elections to seek approval from the state attorney general’s office or a local court before making changes to their election administration.

Establishes a Preclearance Commission within the Department of Law

Preclearance: relieves voters facing discrimination of the substantial burdens of litigation by shifting the advantage of time and inertia to minority voters by placing a limited duty on covered jurisdictions to demonstrate that certain changes to their election laws have neither the purpose nor effect of making minority voters worse off. Instead of voters having to prove that new election laws and practices are discriminatory, jurisdictions have to show that their new laws or practices will not make minority voters worse off.

All statutes, rules and regulations, and local laws or ordinances related to the elective franchise shall be construed liberally in favor of (a) protecting the right of voters to have their ballot cast and counted; (b) ensuring that eligible voters are not impaired in registering to vote, and (c) ensuring voters of race, color, and language-minority groups have equitable access to fully participate in the electoral process in registering to vote and voting.

Prohibits and defines voter discrimination and vote dilution

Voter suppression: No voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy shall be enacted or implemented by any board of elections or political subdivision in a manner that results in a denial or abridgement of the right of members of a protected class to vote

Vote dilution: No board of elections or political subdivision shall use any method of election, having the effect of impairing the ability of members of a protected class to elect candidates of their choice or influence the outcome of elections, as a result of vote dilution.

Rights of Action

The bill establishes a right of action for an individual or organization to sue a political subdivision for voter discrimination or vote dilution. When determining whether there is voter discrimination or vote dilution, evidence that voting patterns and election outcomes could be explained by factors other than racially polarized voting, including but not limited to partisanship, cannot be included. Neither can evidence that sub-groups within a protected class have different voting patterns.

Remedies upon a court’s finding of a violation include, among others – an alternative method of election, additional means of voting such as voting by mail, new districting or redistricting plans, additional voting hours and additional polling locations.

Before commencing action against a political subdivision, a plaintiff must send a written notice to the political subdivision asserting that the political subdivision may be in violation of the NY Voting Rights Act. (NYVRA). The political subdivision then has 50 days to pass a resolution alleviating the alleged violation. The NY Civil Rights Bureau within the Attorney General’s office will then either grant or deny approval of the proposal.

This bill also creates a right of action against voter intimidation, deception or obstruction.

Language Assistance

Finally, the bill requires language assistance that goes beyond federal law for limited English proficient voters. The bill lowers the threshold to 2% and 4,000 Citizen Age Voting Population and applies to citizens of voting age population who speak English “less than very well.” Assistance to be provided include voting materials in the covered language of an equal quality of the corresponding English language materials, including registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.

Governor Hochul said: