Unprecedented Power Grab in New York Grants Attorney General Control Over Elections

A new law in New York gives Democratic Attorney General Letitia James sweeping power over the state's election process, including the ability to greenlight or block changes to early voting and the removal of deceased voters from lists.

A contentious new law in New York, set to take effect this weekend, has raised eyebrows among election experts and sparked concerns about a potential power grab by the state's Democratic Attorney General, Letitia James.

According to Joseph T. Burns, an election attorney and partner at the law firm Holtzman Vogel, the John R. Lewis Voting Rights Act of New York, signed into law by Governor Kathy Hochul in 2022, grants James unprecedented control over the election process in certain jurisdictions.

Unprecedented Power Grab in New York Grants Attorney General Control Over Elections

Under the new rule, counties, cities, towns, villages, and school districts must seek preclearance from the attorney general or a designated court before making any election-related changes, ranging from adjusting early voting hours to updating voter rolls.

Burns expressed alarm over the sweeping nature of this requirement, noting that it would grant James significant authority over some of the most competitive congressional districts in the nation, including those on Long Island and in the Hudson Valley.

Unprecedented Power Grab in New York Grants Attorney General Control Over Elections

In an op-ed published in the New York Post, Burns argued that the law "upends the system of constitutionally mandated, bipartisan election administration that has served New York’s voters ably for generations."

He emphasized that the requirement undermines the traditional balance of power in election administration, which has long been shared between local election officials and the courts.

Unprecedented Power Grab in New York Grants Attorney General Control Over Elections

Burns further criticized the law for being rolled out with minimal public attention or discussion, suggesting that it may have been deliberately rushed into effect without proper scrutiny.

"Nobody's talking about it. It's pretty remarkable," Burns lamented. "It's a big power grab by the attorney general as well."

Unprecedented Power Grab in New York Grants Attorney General Control Over Elections

The implications of this new law are far-reaching, as it could significantly impact the way elections are conducted in New York. It remains to be seen how James will exercise her newfound authority, but the possibility of partisan interference in election administration has raised concerns for some.

The controversy surrounding this law underscores the ongoing debate about election reform and the balance between protecting voting rights and ensuring election integrity. As New York prepares to implement this new requirement, it is crucial to monitor its impact and ensure that it does not undermine the fairness or transparency of the electoral process.