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NYS Legislative Agenda: Build upon Reforms to Further Modernize New York’s Voting System and Election Law

Build upon Reforms to Further Modernize New York’s Voting System and Election Law

Voting Reform. The City Bar applauds the Legislature and Governor for passing crucial voting and election law reforms during the 2019 Legislative Session.  Providing New Yorkers full access to the voting booth without unnecessary hurdles will ensure they can make their voices heard and support policies that best reflect their beliefs.  New York elected officials should continue to build upon the reforms they have adopted.  This includes making Election Day a work holiday and providing for felony re-enfranchisement.   The Legislature will also need to vote on second passage of constitutional amendments to permit “no excuse” absentee voting and Election Day registration in 2021.

Election Law Enforcement Reform. The current Board of Elections (BOE) consists of four members, two Democrats and two Republicans, and most Board employees involved in the registration and election process are chosen by those two parties.  That structure was the result of a previous reform that has had the unfortunate result of creating a body that is virtually always at an impasse and, therefore, unable to act effectively.  The two-party system for Board members and employees should be abolished and the Board should become a five-member, non-partisan board. In addition, while the Legislature made helpful reforms to the BOE to create a Chief Enforcement Counsel to investigate violations of the Election Law, the statutory procedures currently in place for that office are too limiting.  We encourage the Legislature to conduct a broad review of the Election Law and specifically the adoption of comprehensive civil penalties and streamlined enforcement procedures, as well as more reporting of enforcement activity.

OUTCOMES

A.4448-A / S.830-B (felony re-enfranchisement) – Signed by the Governor, Chp. 103 – May 5, 2021

Constitutional amendments to permit “no excuse” absentee voting and Election Day registration received first passage by the Legislature on January 14, 2019 and second passage during the 2021 session. The amendments were placed on the ballot in the November 2021 election. Both ballot proposals were ultimately rejected by voters.