NY’s Voting Rights: History Behind the Headlines
By Darius Spearman (africanelements)
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New York is currently a critical battleground in the ongoing struggle for voting rights, particularly for Black and Latino communities. These communities are actively using the state’s John R. Lewis Voting Rights Act (NYVRA) to challenge electoral maps and practices that they believe suppress their political power (brennancenter.org). Current legal battles, such as a proposal to redraw a congressional district connecting Staten Island with lower Manhattan and a vote dilution case in Orange County, are not new skirmishes. Instead, these contemporary fights are deeply rooted in a long and complex history of disenfranchisement and the continuous fight for fair political representation (brennancenter.org).
The journey toward equitable voting in New York mirrors and, in some respects, even predates the national movement for civil rights. The historical context shows that discriminatory practices were once common, affecting Black and Latino citizens deeply (brennancenter.org). Understanding this history is key to grasping the importance of current challenges under the NYVRA.
Historical Voting Rights Struggle
The fight for voting rights for Black and Latino communities in New York has a long and difficult past. During the 18th and 19th centuries, for instance, Black men in New York faced property qualifications for voting that white voters did not have to meet (brennancenter.org). These unfair barriers persisted for many years. Moreover, other forms of disenfranchisement historically impacted Black voters in New York and other parts of the country (villagepreservation.org). For example, poll taxes forced citizens to pay a fee to vote, disproportionately burdening poor Black citizens (villagepreservation.org).
Literacy tests were another tool, often given unfairly, to disqualify Black voters, even those who were educated (villagepreservation.org). Grandfather clauses allowed individuals to vote only if their ancestors were eligible before 1866 or 1870, effectively exempting white voters from poll taxes and literacy tests (villagepreservation.org). Furthermore, white primaries barred Black citizens from participating in important Democratic primary elections (villagepreservation.org). Widespread intimidation and violence also worked to prevent Black citizens from registering or casting their ballots (villagepreservation.org). These discriminatory practices only began to fall with the passage of the 15th Amendment in 1870 (brennancenter.org).
Federal VRA’s Impact and Setback
The federal Voting Rights Act (VRA) of 1965 was a landmark law designed to break down systemic racial barriers to voting across the United States (brennancenter.org). This powerful law outlawed practices such as literacy tests and established a “preclearance” requirement (brennancenter.org). Preclearance meant that certain jurisdictions with a documented history of discrimination had to get federal approval before making any changes to their election laws (brennancenter.org). Interestingly, parts of New York City—specifically Manhattan, Brooklyn, and the Bronx—were actually covered by the federal VRA (brennancenter.org). This coverage was due to documented patterns of low Hispanic voter registration and other unfair electoral practices in the 1960s (brennancenter.org).
This federal oversight led to important changes in New York. For example, a majority-Black congressional district was created in Brooklyn in 1967 (brennancenter.org). This development ultimately led to the election of Shirley Chisholm, the first Black woman to serve in the U.S. House of Representatives (brennancenter.org). However, the federal VRA suffered a major setback in 2013. The Supreme Court, in *Shelby County v. Holder*, invalidated the formula used to decide which jurisdictions were subject to preclearance (brennancenter.org). This decision effectively removed a key protective mechanism of the federal law. As a direct result, there was a surge in restrictive voting laws nationwide (brennancenter.org). Many states that were formerly covered by preclearance, like Texas, North Carolina, and Alabama, quickly put new voting laws into place (villagepreservation.org). These new laws included strict voter ID requirements, shorter early voting periods, and purges of voter rolls (villagepreservation.org). Without federal review, these changes raised concerns about their disproportionate impact on minority voters (villagepreservation.org).
New York’s Answer: The NYVRA
In response to the federal government stepping back, states like New York began to pass their own voting rights laws (brennancenter.org). The John R. Lewis Voting Rights Act of New York (NYVRA), signed into law in 2022 and updated in 2024, is a direct and thorough state-level answer to the weakening of the federal VRA (brennancenter.org). Named after the revered civil rights leader, the NYVRA aims to prevent racial voter suppression and discrimination (brennancenter.org). It offers strong protections against vote dilution, voter intimidation, deception, and obstruction (brennancenter.org).
One very important part of the NYVRA is the re-establishment of preclearance requirements for certain New York jurisdictions that have a documented history of discrimination (brennancenter.org). These “covered entities” must get approval from the New York Office of the Attorney General or a state court before making changes to their election procedures (brennancenter.org). Jurisdictions become “covered entities” if they show a history of racial discrimination in voting (villagepreservation.org). This could be seen through low minority voter turnout or a record of electoral practices that dilute minority votes (villagepreservation.org). The NYVRA also gives new legal tools to challenge discriminatory voting rules and increases language assistance for voters with limited English proficiency (brennancenter.org). Beyond redistricting maps, the NYVRA can challenge other electoral practices like at-large election systems, restrictive voter registration rules, changes to polling places, and ballot access requirements (villagepreservation.org).
Staten Island and Lower Manhattan Demographics (2020 Census)
Staten Island’s Redistricting Battle
The NYVRA is now being actively used in New York courts. One significant case involves a proposal to redraw a congressional district in Staten Island and lower Manhattan (brennancenter.org). A lawsuit was filed on October 27, 2025, in New York County State Supreme Court, using the NYVRA to argue for a new congressional district (brennancenter.org). The petitioners argue that the current congressional map weakens the voting power of Black and Latino communities on Staten Island and in parts of southern Brooklyn (brennancenter.org). “Vote dilution” means electoral processes that lessen a specific group’s ability to elect their preferred candidates or influence election outcomes, even if they can cast ballots (villagepreservation.org). This can happen through gerrymandering, at-large election systems, or unfair changes to voting rules (villagepreservation.org). One way dilution occurs is “cracking,” where a minority group is split across many districts (villagepreservation.org). This stops them from forming a majority in any single district (villagepreservation.org). Another way is “packing,” where a minority group is put into one district, making their votes less powerful elsewhere (villagepreservation.org).
Petitioners seek to create a new district that would connect Staten Island with a compact portion of lower Manhattan (brennancenter.org). This new configuration would enhance Black and Latino voting strength (brennancenter.org). An expert demographer supporting the petitioners has proposed a map where the combined Black and Latino Citizen Voting Age Population in the new Congressional District 11 (CD-11) would increase to 24.7% (brennancenter.org). The Citizen Voting Age Population (CVAP) specifically refers to individuals who are both U.S. citizens and at least 18 years old (villagepreservation.org). This measure is important because it focuses on the actual potential electorate, rather than the total population (villagepreservation.org). Petitioners state that under current boundaries, minority-preferred candidates have won only 5 out of 20 analyzed elections (brennancenter.org). However, they would have won 16 out of 18 in the proposed alternative map (brennancenter.org). “Minority-preferred candidates” refers to candidates consistently chosen by a significant majority of voters from a specific racial or ethnic minority group (villagepreservation.org). This preference is found through statistical analysis of election results (villagepreservation.org). This effort shows how the NYVRA addresses current issues of racial vote dilution in congressional redistricting (brennancenter.org).
As of November 2025, information regarding the current status or expected timeline for a decision for this specific lawsuit would be in recent news or court documents (villagepreservation.org). Generally, after a lawsuit like this is filed, the court sets a schedule for exchanging legal documents and evidence (villagepreservation.org). Parties might file motions for temporary injunctions while the case moves forward (villagepreservation.org). A trial would then happen where both sides present their arguments and evidence (villagepreservation.org). After the initial court decision, the losing party often has the option to appeal to a higher court, which can significantly extend the overall timeline (villagepreservation.org).
Orange County Challenge: Upholding the NYVRA
Another crucial case, *Clarke et al. v. Town of Newburgh*, directly challenged the constitutionality of the NYVRA itself (brennancenter.org). Six voters in the Town of Newburgh, Orange County, claimed that the town’s at-large method for electing Town Board members diluted the voting power of Black and Hispanic residents (brennancenter.org). An at-large electoral method is a system where all voters in a jurisdiction elect representatives from the entire jurisdiction, rather than from smaller, defined districts (villagepreservation.org). This means candidates run city-wide or county-wide, and voters cast ballots for all available seats (villagepreservation.org). This method can dilute votes because if a majority group consistently votes together, they can prevent minority-preferred candidates from winning any seats (villagepreservation.org).
Initially, in November 2024, an Orange County state court justice struck down the NYVRA as unconstitutional (brennancenter.org). The justice drew parallels to U.S. Supreme Court decisions on race-based affirmative action (brennancenter.org). This argument likely claimed that the NYVRA, by specifically seeking to enhance minority voting strength, was itself engaging in unconstitutional racial preferences (villagepreservation.org). This view often comes from the idea that any law explicitly using race to fix past discrimination might create “reverse discrimination” (villagepreservation.org). However, this decision was appealed. On January 30, 2025, the New York Supreme Court, Appellate Division, unanimously upheld the law in a 4-0 decision (brennancenter.org). Most recently, on November 25, 2025, the New York Court of Appeals affirmed the Appellate Division’s ruling (brennancenter.org). This outcome cemented the NYVRA’s legal standing against this particular constitutional challenge (brennancenter.org). Higher courts typically rejected the affirmative action argument because voting rights laws like the NYVRA are different (villagepreservation.org). They are designed to prevent racial discrimination and ensure equal political participation (villagepreservation.org). These laws are based on the 15th Amendment’s ban on racial discrimination in voting and aim to enforce a fundamental right (villagepreservation.org). This ruling represents a significant victory for voting rights advocates in New York, confirming the state’s power to create strong protections against discriminatory electoral practices (brennancenter.org).
Orange County Demographics (2020 vs. 2023)
The Meaning of Enhanced Voting Strength
“Enhanced Black and Latino voting strength” refers to a very important outcome: the increased ability of these communities to elect candidates who truly represent their interests and priorities (villagepreservation.org). This leads to more responsive government and better policy decisions for their communities (villagepreservation.org). Tangible impacts include more Black and Latino individuals being elected to public office (villagepreservation.org). This increased representation can lead to laws that address issues important to these communities. For example, there could be improved public services, fair distribution of resources, criminal justice reform, and better educational opportunities (villagepreservation.org).
Furthermore, stronger voting power fosters greater political engagement and empowerment within Black and Latino communities (villagepreservation.org). When their votes carry more weight, members of these communities are more likely to believe their participation in the political process matters (villagepreservation.org). This belief can lead to higher voter turnout and increased involvement in civic life (villagepreservation.org). It can also change what elected officials talk about and prioritize, even those who are not from minority groups (villagepreservation.org). These officials may feel compelled to pay more attention to the concerns of Black and Latino residents to gain or keep their support (villagepreservation.org).
Staten Island Combined Black and Latino Population Growth
Looking to the Future of Voting Rights
New York City’s 2025 primary election saw a notable increase in voter turnout. Latino voters, for example, set new records in municipal primaries with over 165,000 votes (brennancenter.org). The underlying challenges of vote dilution, however, persist, particularly in local and congressional redistricting (brennancenter.org). The absence of specific, comprehensive Black voter turnout data for the 2025 municipal primaries, comparable to the Latino figures, is also worth noting (villagepreservation.org). This absence could be because detailed demographic breakdowns of voter turnout are not immediately released for all groups simultaneously (villagepreservation.org). Data collection and analysis for specific subgroups take time, and reporting priorities may vary (villagepreservation.org).
The current legal challenges under the NYVRA aim to ensure that this growing civic engagement is not undermined by electoral systems that weaken minority voting strength (brennancenter.org). These cases are about securing a more inclusive and representative democracy in New York (brennancenter.org). The progress made, and the continued vigilance required, remind us that the fight for equitable political representation is a marathon, not a sprint. Each legal challenge and every vote cast builds upon generations of struggle for the basic right to be seen and heard in the democratic process.
About the Author
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching for over 20 years. He is the founder of African Elements, a media platform dedicated to providing educational resources on the history and culture of the African diaspora. Through his work, Spearman aims to empower and educate by bringing historical context to contemporary issues affecting the Black community.
