Schneiderman introduces voting rights bill

The New York Votes Act will dramatically update the state’s voting systems by adding early voting, automatic and same-day voter registration, consolidated primaries, shortened party registration deadlines, and more.

“Any law that makes it easier to vote is a good law; any law that makes it harder to vote is a bad law,” said Attorney General Schneiderman. “New York has long been a bastion of democracy, but our state’s current system of registration and voting is an affront to that legacy. The New York Votes Act will help our state become a national leader in protecting and expanding voting rights for New Yorkers.”

“As Chairman of the Election Law Committee, I am pleased to be working with Attorney General Schneiderman on the New York Votes Act,” said Assemblyman Michael Cusick. “This legislation, aimed to simplify the voting process and improve voter accessibility, will give citizens a better opportunity to participate in the democratic process by increasing voter participation across New York State.”

Many of the provisions in New York Votes Act arise directly from the findings of the Attorney General’s December 2016 report on the problems that voters faced during the 2016 presidential primary and general elections. The inquiry, which was undertaken in response to record voter complaints during the April primary election, found that voters encountered barriers to access erected by New York’s restrictive voting laws, rules and procedures, as well as by the practices and administrative errors of state agencies and the Boards of Election.

Read the full New York Votes Act here. Key provisions of the bill include:

Voter Registration

• Automatic Registration of Eligible Voters
• • Any designated state or local agency that collects information from a person who has formal contact with that agency as part of an application for services, change of address or other similar process would be required to automatically electronically transmit identifying information for that person (e.g., name, address, date of birth, driver’s license number) to the New York State Board of Elections (“NYS BOE”). Upon receiving this information, NYS BOE would then electronically forward it to the appropriate local Board of Elections (“BOE”) for verification and processing as a voter registration application. Individuals would have the absolute right to opt out of the automatic registration process by simply checking an “opt out” box on the designated agency’s electronic or paper form. 

• Same-Day Registration For New Voters
• • Amend New York State Election Law to permit a qualified person who is not registered to vote in the state to appear personally at the appropriate polling place on the day of any primary, general or special election, register to vote, and simultaneously cast his or her ballot. Once the registration is processed and vetted by the BOE, the voter’s ballot would be counted, and the voter would be added to the voting rolls.

• Online Personal Voter Registration and Absentee Ballot Applications
• • Allow electronic personal voter registration, and online applications for absentee ballots, so that any qualified registrant can complete the entire voter registration or absentee ballot application process online via a desktop computer or handheld device.

• Create a System of “Permanent” Voter Registration
• • Implement a system of “permanent” voter registration in the state by requiring BOEs to maintain and update the registration of any consenting voter who moves within the state and submits a change of address to the BOE or  to any designated state or local agency.

• Allow Registered Voters to Change Their Party Enrollment Closer to Primary Day
• • Allow already-registered voters to change their party affiliation up to 120 days prior to any primary election.

Voting

• Adopt a System of Early Voting
• • Permit a registered voter to vote at the local BOE in the same county where the voter is registered, or at one or more other designated polling places, seven days per week starting two weeks before an election.

• Provide for “No Excuse” Absentee Voting
• • Repeal, in its entirety, the current requirement that absentee ballots can only be obtained and cast by otherwise qualified voters if they meet one of several statutorily-enumerated justifications for obtaining such ballots (e.g., unable to vote at the polls due to illness or physical disability). The bill also would allow online submission of applications for absentee ballots.

• Ensure Uniformity of Poll Site Hours Across the State
• • Require poll sites statewide to open at 6:00 a.m. and close at 9:00 p.m. during all primary elections.  Under existing law, except for NYC and seven other counties, polling places do not open until noon on primary days.

• Consolidate Federal, State and Local Primaries on Single Day
• • Hold all statewide primary elections on one day in late June.

• Enact Disaster Preparedness Protections
• • Clarify and facilitate decision-making by BOEs during an emergency as well as communication to voters and participants of a caucus when time is of the essence to protect voters’ safety and enable them to vote when the emergency event is over.

Enhance Access to the Ballot

• Increase Language Access
• • Whenever any local BOE finds that 3% of the voting-age residents of an election district have Limited English Proficiency, according to the U.S. Census Bureau, it shall provide ballots as well as registration or voting notices, forms, instructions, assistance, and other materials or information relating to the electoral process in the primary language of the population in question, in a manner that provides the same opportunity for access and participation as voters whose primary language is English.

• Protect Voters from Improper Challenges
• • Require a good faith basis and supporting documentation for persons, other than election officials, who challenge voter eligibility on Election Day, as well as penalties for those who abuse this provision of the law.

• Restore Voting Rights for Citizens on Parole
• • Restore voting rights to persons on parole or post-release supervision following a felony conviction. Restoration would not be contingent upon payment of fees, fines, restitution, or other legal financial obligations

• Enhance Poll Worker Training and Recruitment
• • Require election commissioners and BOE employees to complete mandatory training within six months of appointment, and continuing education annually, with the curriculum to be established by the NYS BOE; and require NYS BOE to establish and host an Education and Training Institute to develop a curriculum for certified poll worker training and train-the-trainer programs. Reimbursement to Localities

• Reimburse Localities For Extra Costs
• • Require the state to reimburse localities for any additional costs associated with the implementation of early voting, enhanced language access and expanded primary election voting hours as required by the bill.

“Voting ease and accessibility is critical to our democracy. Unfortunately, in New York State, we fall behind half the country because of our outdated practices. Attorney General Schneiderman’s New York Votes Act will help bring New York up to speed and ensure New Yorkers statewide aren’t turned away from casting their ballots as a result of senseless roadblocks. In order to have the democracy we seek nationwide, we must lead by example and create a fairer system here in New York,” said Mayor Bill de Blasio.

“Fair and well participated in elections are an essential part of our democracy. The Independent Democratic Conference has long been an advocate for making our election process simpler and more accessible for all New Yorkers. I commend Attorney General Schneiderman for proposing this comprehensive legislation that will improve and protect the election process in New York,” said Senator Jeff Klein.

“New York State ranks abysmally low on voter turnout, and that is the direct result of generations of red tape, voter disenfranchisement, and antiquated registration systems,” said Senate Democratic Leader Andrea Stewart-Cousins. “The Senate Democrats unveiled a series of bills to help address this problem, and we thank Attorney General Schneiderman for his dedication on this issue. Our democracy requires active participation from all citizens and together with Attorney General Schneiderman, we will keep up the fight to achieve that goal.”

“New York’s voting laws are a relic of the last century,” said State Senator Daniel Squadron. “At a time when Americans are concerned about the strength and future of our republic, New York should be leading the charge to ensure New Yorkers can exercise their voting rights. I was proud to stand with the Democratic Conference earlier this week as we unveiled an important voting reform package, and thank Attorney General Schneiderman for introducing this important reform proposal.”

“The right to vote is one of the most fundamental freedoms belonging to every American,” said State Senator Liz Krueger. “But years of neglect and outright attacks have left our voting system in disarray and voters’ rights far from secure. Urgent and smart reforms are needed, and I thank Attorney General Schneiderman and his team for their contributions to this effort. New Yorkers deserve free, fair, and accessible elections – anything less is simply un-American.”

State Senator Brad Hoylman said: “Attorney General Schneiderman’s inquiry into voter complaints filed during the 2016 election confirms that our state’s byzantine and cumbersome electoral system, whether by design or by accident, has disenfranchised thousands of New Yorkers. As people take to the streets to protest the Trump Administration, we cannot continue to criticize federal efforts to undermine basic constitutional rights while ignoring inequities in our own backyard. I’m grateful to the Attorney General for this important investigation and look forward to working with him and my colleagues in Albany to enact reforms that will break down these unfair barriers and help expand the franchise to each and every voter.”

“For quite some time there have been serious flaws in the New York State voting process. In 2016, however, many New Yorkers who were unaware of such flaws felt them first hand. As a State we have to do better to improve New Yorkers’ access to their most basic rights. Voting is a right in this country, not another way to divide the haves and have-nots. Protecting and expanding voting rights in New York is a must if we want to continue to  be the standard-bearers for progress across the world,” said Senator Tony Avella.

“I’ve been working to reform New York’s antiquated voting system for years,” said Assistant Assembly Speaker Felix W. Ortiz. “While we often hear of discriminatory voting laws in other states, let’s remember that New York’s laws have been on the books for decades. It’s time to bring our state into the 21st century and adopt the proposals being announced today.”

“Early voting increases citizen involvement and turnout in elections,” said Assemblymember Crystal Peoples-Stokes.“Exercising the right to vote should not be burdensome for New Yorkers. The New York Votes Act, will transform our voting process by introducing early voting for New Yorkers and same-day voter registration. Over the years, Election Day has created a challenge for many voters at the polls ranging from long lines, wrong polling sites and/or faulty machines. I applaud Attorney General Schneiderman in supporting New York State’s early voting initiative. I look forward to the New York Votes Act bringing New York State’s voting process into the 21^st century and keeping pace with the rest of the country.”  

The attorney general’s office has also operated its Election Day Hotline since November 2012.  The Hotline – reachable at 800-771-7755 — has fielded hundreds of complaints from voters across the state and worked with local election officials and others to promptly address issues encountered by voters at the polls.

The Attorney General’s Office is committed to the voting rights protecting all eligible New Yorkers. To file a civil rights complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.NY.gov or visit www.ag.NY.gov.