As various cases brought under the 2021 New York Voting Rights Act (“NYVRA”) have made their way into the courts, defendants have raised challenges to the constitutionality of the Act. Two trial courts reached opposite decisions on the issue. In Clarke v Town of Newburgh, 84 Misc 3d 475 [Sup Ct, Orange County 2024], the court found the NYVRA unconstitutional on its face. In two joined actions, Coads v Nassau County and NYCC v County of Nassau, --- NYS 3d ---, 2024 WL 5063929 [Sup Ct, Nassau County 2024], the court found the NYVRA constitutional. On appeal from the decision in Clarke, the Appellate Division reversed the trial court in Clarke v Town of Newburgh, --- NYS 3d ---, 2025 WL 337909 [2nd Dept 2025], holding the NYVRA to be constitutional. The defendants in Clarke filed a letter with the trial court, expressing their intent to move for permission to appeal to the Court of Appeals. Thus, the constitutionality of the NYVRA is not settled law. The panelists will discuss the constitutionality of the NYVRA, as raised in the Clarke and Coads cases, and as compared to the federal Voting Rights Act and the voting rights acts of other states.