In September, New York Governor Kathy Hochul signed 10 voting reform measures aimed at modernizing elections in the state and reducing barriers that disenfranchise voters. However, while many celebrated these reforms, conservative lawyers in Saratoga and Albany opened new fronts in the ongoing battle over voting rights, further eroding trust in civic institutions.
The new voting package includes transformative measures to enhance citizen access to the ballot. For example, it permits all registered voters the option to vote by mail and allows for registering and voting in one stop on the first Saturday of the early voting period using a provisional ballot. These measures aim to make voting easier and more convenient for all eligible citizens.
Several new safeguards have also been put in place to protect voters. These safeguards ensure that voters are notified of any last-minute changes to early voting locations and close loopholes that have led to the disqualification of legitimate ballots without evidence of tampering. For instance, securely sealed envelopes with tape are now accepted instead of saliva, and timely-returned ballots delivered by official mail that lack a postmark are also considered valid.
Additionally, the voting reform measures aim to improve the quality of administration at the state’s decentralized election boards. One measure establishes a training institute to certify the trainers who instruct poll workers on election procedures. Another expands opportunities for students to pre-register to vote, while yet another ensures that correctional facilities provide returning citizens with the opportunity to register to vote after serving their time.
Two final measures aim to protect democracy by curbing practices that undermine fair elections. The “faithless electors” law requires presidential electors representing New York in the Electoral College to vote for the candidate who actually won. The anti-forum-shopping law combats the proliferation of election-related lawsuits brought before highly partisan judges in nonrepresentative localities, redirecting constitutional challenges to regional hubs like New York City, White Plains, Albany, or Buffalo.
Unfortunately, these improvements have triggered backlash from GOP lawmakers and national conservative interests, who have rushed to court in an attempt to restrict access to the ballot. Republican Congresswoman Elise Stefanik, a staunch ally of former President Trump, filed a constitutional challenge to hinder her own constituents’ access to mail ballots. Republicans argue that the state constitution only allows absentee voting for certain citizens with qualifying excuses, and that a majority of voters rejected a proposal to change this in 2021. However, the majority of lawmakers and the governor believe that the constitution grants the Legislature the power to regulate elections and that nowhere does it explicitly say that “only” certain citizens may vote by mail.
It is worth noting that laws that enhance access to core civil rights enjoy strong presumptions of validity. High courts in Massachusetts and Pennsylvania recently upheld universal vote-by-mail laws against similar challenges, while Delaware courts did not. The question of whether New York’s constitution represents a ceiling or a floor on lawmakers’ ability to provide more access to mail voting is yet to be determined by the courts.
Meanwhile, the tactic employed by GOP lawmakers to restrict access to the ballot is deeply cynical and selective, aimed at depressing turnout in blue-leaning New York while simultaneously running a national program to encourage their own voters to vote by mail. This tactic is particularly significant as New York plays a key role in the GOP’s efforts to maintain its House majority.
While some longtime voters may question the motives behind these voting reforms due to the rapid pace of change and the polarized climate surrounding voting methods, it is important to recognize that these measures protect the rights of all citizens. Voting by mail provides a convenient and secure alternative, regardless of one’s political views, and has been successfully implemented in numerous states, regardless of their political leanings.
As Governor Hochul aptly stated, “What are you afraid of?” Voting is a powerful tool, and removing antiquated barriers to voting for eligible citizens significantly strengthens the electorate’s ability to hold those in power accountable.
Assemblywoman Latrice M. Walker of Brooklyn, chair of the Assembly Election Law Committee, and attorney Jarret Berg, co-founder of Vote Early New York, contributed to this article.
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