N.Y. Comp. Codes R. & Regs. tit. 13, § 501.3 – Covered entities.

(a) The CRB will periodically publish a list of covered entities and may update such list at any time based on new information that is relevant to coverage determinations.
(b) For purposes of sections 17-210(3)(a) and (b) of the Election Law:
1. (1) A “finding of any violation” shall include a determination on the merits of a claim.
2. (2) A “finding of any violation” shall not include preliminary relief granted based on a likelihood of success on the merits and/or a weighing of relative harms.
3. (3) A consent decree or other executed written agreement shall be deemed to be based upon a finding of a violation, and thus may subject the political subdivision to preclearance coverage, if the agreement contains a finding of noncompliance with one of the laws or constitutional provisions enumerated in sections 17-210(3)(a) and (b) of the Election Law, and contains no provision denying liability with respect to such laws or constitutional provisions.
4. (4) “Similar formal action” as provided in section 17-204(9) of the Election Law includes, but is not limited to:
  1. (i) A settlement agreement to which a federal or state entity is a party, if such agreement contains a finding of noncompliance with one of the laws or constitutional provisions enumerated in sections 17-210(3)(a) and (b) of the Election Law, and contains no provision denying liability with respect to such laws or constitutional provisions; and
  2. (ii) A public report or other written document issued by a federal or state entity, if such report or document contains a finding of noncompliance with one of the laws or constitutional provisions enumerated in sections 17-210(3)(a) and (b) of the Election Law.
(c) In assessing covered entity status pursuant to sections 17-210(3)(c) and (d) of the Election Law, the CRB:
1. (1) Shall utilize rational methodologies, which may include information provided by the United States Census Bureau, or data of comparable quality; and
2. (2) May make such methodological decisions as may be reasonable and appropriate, including but not limited to:
  1. (i) setting minimum population thresholds, for dissimilarity index score calculations or other measures;
  2. (ii) selecting the appropriate spatial units (e.g., census tracts or block groups) to conduct any part of its analysis;
  3. (iii) determining which tabulations of racial and ethnic data, as produced by the United States Census Bureau or a comparable body, are best suited to the CRB’s analysis; and
  4. (iv) excluding or including institutionalized persons and other group housing populations, or similarly situated individuals, from population totals.
(d) A political subdivision that is deemed a covered entity solely on the basis of containing a covered entity fully within its borders, pursuant to section 17-210(3)(e) of the Election Law, shall be required to submit covered policies for preclearance only to the extent that such policies affect elections held in the covered entity that is contained within such political subdivision’s borders.
(e) The State of New York shall be deemed not to constitute a political subdivision as defined in section 17-204(4) of the Election Law. Accordingly, State actors, including the Governor and State Legislature, are not required to submit covered policies for preclearance.