Disparate burden on protected class prohibited—Factors

(1) Except as provided in subsection (2) of this section, no political subdivision responsible for election administration may abridge the rights of voters who are members of a protected class or classes by implementing, imposing, or enforcing any election policy or practice, or taking any action or failing to take any action, that results in, is likely to result in, or is intended to result in a material disparate burden on the ability or opportunity of members of a protected class to vote or participate in any stage of the political process. (2) It is not a violation of subsection (1) of this section if the political subdivision responsible for election administration demonstrates by clear and convincing evidence that: (a) The election policy or practice is narrowly tailored and necessary to further a compelling, particularized state interest; and(b) There is no alternative election policy or practice that would result in less of a disparate burden on members of a protected class. (3) Proof of intent to discriminate against a protected class by a political subdivision responsible for election administration is not required for a cause of action to be sustained under this section. (4) The following are circumstances not relevant, and may not be considered, to demonstrate a violation of subsection (1) of this section: (a) The total number or share of protected class members not materially burdened by the election policy or practice; (b) The degree to which the election policy or practice has a long pedigree or was in widespread use at an earlier date; (c) The use of an identical or similar election policy or practice in other jurisdictions; (d) The availability of other forms of voting unimpacted by the election policy or practice; and(e) Defenses that the election policy or practice is necessary to address criminal activity, including voter fraud, or to bolster voter confidence in election integrity that are not supported by substantial evidence. (5) A class of people protected by this section may include a coalition of members of different racial, color, or language minority groups.