Report Recommending Review of New York’s Election Law to Address Provisions Deemed Unconstitutional by the Courts

SUMMARY

The Election Law Committee (Martin E. Connor, Chair) issued a report recommending review of several provisions of New York’s Election Law that have been deemed unconstitutional, in whole or in part, by the Court of Appeals or by federal courts or state courts below the Court of Appeals.  Although the Court of Appeals has not weighed in on the constitutionality of all of the provisions identified in the report, the New York State Board of Elections and local boards have generally adhered to determinations made by the lower New York state courts and federal courts that these provisions are unconstitutional. The fact that these provisions remain on the books adds an unnecessary obstacle to people seeking to comply with the law and gives more experienced people an unfair advantage in elections.  The Committee urges the state legislature to review these provisions and enact a “clean up” bill to remove them.