The new requirement, effective September 22, mandates preclearance from either the Attorney General or a designated court for any proposed changes to election procedures in specified areas of New York. This includes New York City and nine counties on Long Island.

Covered entities, determined by factors such as arrest rates among protected classes or historical civil rights violations, will be subject to this rule. For instance, Erie County's 2014 court order over a redistricting dispute is a specific trigger under this new legislation.

Concerns Raised Over Election Administration Impartiality

Joseph T. Burns, a seasoned election attorney, has raised significant concerns about the implications of this law. He argues it could disrupt the historically bipartisan nature of election management in New York.

According to Burns, the requirement for preclearance by the Attorney General represents a "power grab" and could undermine the integrity of the state's election system. A recent op-ed published in the New York Post details his apprehensions.

Burns emphasizes that the new law could lead to complications in even routine election processes, such as relocating polling places due to emergencies like flooding or fires.

Election Attorney Highlights Potential Challenges

"Nobody is really talking about it or what a big effect it's going to have. But it's interesting because, look, there's a lot of bad stuff that happens in New York when it comes to the elections and everything else, but this strikes me as being particularly bad," Burns explained.

He further notes, "The new rule upends the system of constitutionally mandated, bipartisan election administration that has served New York’s voters ably for generations."

"It isn't just bad policy because it undermines the bipartisan nature of the boards of elections. Which, again, they're not perfect, there are so many inefficiencies. But by and large, in this day and age where people are so concerned about election integrity, what's better than having both sides have a stake in the outcome, both sides wanting to and needing to make sure that elections are run smoothly and fairly?" Burns added.

The Debate Over Preclearance and Voter Confidence

Burns advocates for the existing system where both political parties monitor the electoral process, ensuring it runs smoothly—even in dominantly one-party areas like New York City.

He warns that the new preclearance rules might weaken this established system of checks and balances, reducing public confidence in electoral integrity.

"New Yorkers of all political parties and persuasions want elections to be run fairly, honestly, and efficiently — and the state’s system of bipartisan election administration already serves voters well. Our elections — and the public’s faith in them — will not be improved by the AG’s meddling," he concluded.