Tuesday, April 7, 2020

NY Weighs Expanding Absentee Ballot Access


The Coronavirus Pandemic is leading to Calls to Expand New York’s Criteria for Absentee Ballot Access ahead of the June 23rd Democratic Presidential, Federal, State Legislature, and Special Elections for a Western New York House District and a Central State Senate Seat, Primary.

Some Voters may be hesitant about leaving Home. “People are asking to be able to do absentee ballots because they’re afraid of getting sick or they’re in an at-risk group or they just don’t simply want to go to the polls on Election Day,” said Dustin Czarny (D), the Co-Chairman of the Statewide Association of Elections Commissioners and the Onondaga County Board of Elections Co-Chair.

The State currently has Strict Guidelines that govern Access to Absentee Ballots, which the Legislature over the years has Expanded. Governor Cuomo (D) has talked about adding the Covid-19 as an Excuse. A Wholesale Change, such as Vote-by-Mail, would likely require a Constitutional Amendment for NO Poll Sites.

Officials in New York are mindful of what’s happening in Wisconsin, where the Governor there sought to Delay the Scheduled Presidential Primary then went to All Vote-by-Mail, but was Ordered by the State and U.S. Supreme Court to hold it April 7th anyway.

Voters who come out to the Polls as well as Work there on Election Day tend to be Older and in the more Vulnerable Group for the Virus.

“Even if we aren’t in the vulnerable population, we should still want to protect our fellow neighbors and friends and family members and New Yorkers so we can protect our right to vote and vote and also stay home and be healthy,” said Sen. Alessandra Biaggi (D-34th District, Bronx & Westchester), who Sponsors the Measure in her Chamber.

Biaggi expects the Concerns over the Pandemic will linger in late June. “We’ve got to keep that curve going down until it becomes perfectly flat and I don’t believe by the June primary we’ll reach that point,” Biaggi said.

Biaggi is hopeful the Legislature will be Convening in some form, likely through Remote Voting, to Pass a Package of Coronavirus-related Measures including the Absentee Ballot Measure.

Almost Two weeks ago, the Erie County Board of Elections released a Special Absentee Ballot Application listing “Public Health Emergency (COVID-19)” as an Option for Voting Absentee in the June 23rd Special Election to fill the Open Seat in the 27th Congressional District.

New York Attorney General, Letitia James (D), called for Automatic Absentee Voting goes further than what some Local Municipalities have already done by ensuring that Every Eligible Voter in the State is Automatically sent an Absentee Ballot for the upcoming June 23rd Election, instead of just giving them an Option to Vote by Absentee Ballot. Automatically sending out Absentee Ballots would Not Require the State to alter the Statewide Application by adding a “public Health Emergency” Option, and would Avoid the possibility of leaving Polls Open for Voters to Vote In-Person on Election Day, potentially further Spreading the Virus and Risking Public Health.

Under Executive Order 202, initially Signed on March 7th, 2020, which declared a ‘State of Emergency’, the State can “temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster.” While the Original State of Emergency is in Effect until September 7th, 2020, the Temporary Suspension of certain Statutes, Local Laws, Ordinances, Orders, Rules, or Regulations, or parts thereof, can only last for 30 days, therefore Requiring New Executive Orders to be Signed at the Appropriate Time Intervals.

Attorney General James is calling for a New Executive Order to be Signed on March 29th, 2020, extending through April 28, 2020, the Suspension of certain Election Laws dictating that New Yorkers have to Apply for an Absentee Ballot in an Election for one of the Above-Mentioned Reasons and that keeps Polling Locations Open. The exponential Rise and Spread of Coronavirus Diagnoses is so Grave that allowing Normal Voting Practices to remain in place for the Upcoming Election would Constitute a Threat of Public Illness, sufficient to Justify Absentee Voting, per the State of Emergency Declaration.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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