The Independent View: Passing Constitutional Amendments in NY

Early this year, after New York became a Democratic Government with the Governor and the Legislature, both House and Assembly, became Majority Democratic, Voting Reforms finally passed. But not All will take Effect as Quickly as we would like.

In order for a Constitutional Amendment to Pass in New York State:

1. Sponsors in both the New York State Senate and Assembly must introduce the Amendment. While the Bill is in Committee Review, the Amendment is also referred to the State Attorney General, who must provide an Opinion in Writing within 20 days to the Assembly and the Senate on how the Amendment will affect the State Constitution.

2. Once Released from Committees, the Amendment moves to the Floor of each House for a Vote.

3. If the Amendment is Passed in Both the Assembly and the Senate, it is then Referred to the Next Regular Two-year Legislative Session, during which the Bill must be Passed a Second Time by the Newly Elected Legislature.

4. Then, the Bill is placed on the Ballot for a Statewide Referendum, and once a Majority of Voters Approves the Amendment, it is Incorporated into the New York State Constitution.

This Multi-Year Process means that neither No-Excuse Absentee Voting nor Same Day Registration will be Available for the 2020 Election. The Earliest these Reforms could Pass in practical terms is 2021 and take effect in 2022.

No-Excuse Absentee Voting

No-Excuse Absentee Voting is an important Supplement to In-Person Early Voting because it would Eliminate the Requirement for Voters to provide an Excuse to Receive an Absentee ballot.

New York law currently Requires Voters Requesting an Absentee Ballot to Provide an Excuse for their Inability to Vote at their Designated Polling Place. Article II, Section 2 of the New York State Constitution provides that the Legislature may Allow Absentee Voting when “qualified voters who, on the occurrence of any election, may be absent from the county of their residence or, if residents of the city of New York, from the city, and qualified voters who, on the occurrence of any election, may be unable to appear personally at the polling place because of illness or physical disability, may vote and for the return and canvass of their votes.”

According to the New York City Bar Association, because the Constitution includes Specific Reasons for Absentee Voting but does Not Specifically Cover others, such as Childcare, Unavoidable Duties within the County or New York City, or Extreme Inconvenience, these Excuses cannot be Legally Valid for Receiving an Absentee Ballot. This causes many Busy New Yorkers to Miss Out on the Opportunity to vote. Given this interpretation, Constitutional Law Prevents the State Legislature from Enacting No-Excuse Absentee Voting through Legislation alone. To Enact No-Excuse Absentee Voting in New York State, a Constitutional Amendment is Required.

Enacting No-Excuse Absentee Voting would provide a Variety of Benefits to Busy New Yorkers who may be Unsure of their Schedule on Election Day. For example, Convenience is a Major Benefit associated with Absentee Voting.

The New York City Bar notes that “New York’s current absentee voting laws have the potential to disproportionately benefit those with higher socioeconomic status, who are more likely to have the means to vote at the polls because, for example, they are better able to afford child care, can afford to take time off from work, or less likely to work two jobs.”

Because Work or Childcare Obligations are Not considered Valid Excuses for Absentee Voting, Individuals with those Obligations are more likely to Miss the Opportunity to Participate in Elections. New York State Election Law also states that if a Voter does not have Sufficient time to Vote outside of Working hours, they may Notify their Employer between 2 and 10 Days before an Election, and they will be given Two Hours’ Paid Time off to vote. However, Two Hours is often Insufficient, especially in Elections with High Turnout. In 2018, for example, Voters Reported Waiting up to Two Hours to Cast their Ballots, meaning they would Not Receive Compensation for any Travel Time to and from their Poll site.

No-Excuse Absentee Voting would Result in Shorter Lines at the Polls on Election Day, as more Voters would be able to Cast their Votes prior to Election Day and Outside of their Precinct. Additionally, a Study by Project Vote shows that Absentee Voting is extremely Beneficial for Certain Parts of the Population, especially Individuals with certain Limitations who would prefer Not to Travel to their Polling Site.

Absentee Voting can also Benefit New Yorkers Living in Rural Communities Upstate who may have to Travel long distances to reach their Voting Location. In fact, Project Vote showed that Vote-by-Mail was most Popular among Rural Populations, or those most Impacted by Distance. Allowing Voters to Mail In their Ballots would Eliminate the need to Travel to the Polls, thereby making Voting more Convenient for Voters in less Populous areas.

The Option to Vote from Home also Allows Voters to Research the Candidates on their own time, rather than Rush to make a Decision at the Polls. Absentee Ballots enable Voters to take the time to Read Up on the Issues before they Vote, and this is especially important for Local Elections and Ballot Measures that may Not Receive substantial Media Coverage. No-Excuse Absentee Voting would give Voters the Opportunity to fit Voting into their Schedules, rather than Requiring Voters to arrange their Schedules around an Upcoming Election. This Reform has proven Successful in 28 States and the District of Columbia and would give New Yorkers the Opportunity to Vote comfortably in the Privacy of their own Homes.

But for this to work, there has to be included in the Bill, the Ability to Track the Absentee Ballot thru the system, so the Voter can Protect their Vote from not being Counted. And even More Important, the State needs a way to Verify it is a Valid Ballot from a Registered Voter.

Same-Day Registration

Same-day Voter Registration (SDR) would Eliminate the Barrier to Voter Registration for Thousands of New Yorkers who Miss the Registration Deadline each Election Cycle. SDR would allow any Qualified Resident of the State to Register to Vote and Cast a Ballot On Election Day, provided the Voter can Verify their Eligibility. Because New York still uses Paper Poll books, which take time to be processed and printed, the deadline to register is 25 days before an election, one of the earliest deadlines in the nation.

While transitioning to electronic Poll books would allow New York State to shorten its registration deadline, the New York State Constitution requires that a registration “shall be completed at least ten days before each election.” As a result, a constitutional amendment would need to pass in New York State to allow Same-Day Registration.

It is also common for many Voters to Learn on Election Day that they are Not in the Poll Books. This could be because the Voter has Moved, Changed their Name, Failed to Register Correctly in the Political Party of their Choice, or was Purged from the Voter Rolls for Not Voting in the last Four Federal Elections.

Currently, 17 States and the District of Columbia offer Same-Day Registration, and many of these States have Reported Increased Turnout and Improvements in Election Administration since implementing SDR.

After SDR and was Adopted in Iowa, Provisional Ballots dropped from 15,000 in the 2004 Presidential Election to less than 5,000 in 2008, a 67% Decline. North Carolina saw 23,000 Fewer Provisional Ballots after it Adopted SDR in 2008.

With Same-Day Registration, Voters can, instead of Casting Provisional Ballots, “simply update [their] registration records or register anew at the polling place and vote a ballot that will be counted.” according to a Report Published by the New York City Comptroller’s Office, “once SDR is fully in place, states are likely to see at least a four percentage point increase in average voter turnout, with the highest impact on turnout among younger voters age 18-35.” In fact, Demos Reports that “four of the top five states for voter turnout in the 2012 presidential election all offered Same-Day Registration. Average voter turnout was over 10 percentage points higher in SDR states than in other states.”

States that have Implemented Same-Day Registration have Employed Various Measures to Ensure Election Security. Proof of Residency is a Key Requirement in All States that offer Same-Day Registration. A Prospective Voter must Present Proof of Residency in the Form of a Driver’s License, which now also proves Citizenship, or ID. Some States Allow Prospective Voters to Provide other Forms of Documentation, such as Paychecks or Utility Bills, to prove their Residency.

In Other States, Voters may Cast a Provisional Ballot until Proper Identification is Supplied or until the Voter’s Application is fully Checked. Additionally, States Require Same-Day Registrants to Register and Vote In Person, and many States Restrict the Number of Polling Places at which Same-Day Registration is offered.