The New York Democratic Lawyers Council (NYDLC) strongly supports the enactment of legislation to further modernize our voter registration system and improve voter access. The Brennan Center for Justice has categorized New York as a state with restrictive voting laws. New York can do better! Click Here for Our 2023 Priority Bill List

Legislation that Ensures that Voters have Reasonable Opportunities to Exercise their Fundamental Right to Vote

Voting Integrity and Verification Act of New York (VIVA NY) A5934 (Cunningham) / S6169 (Cleare) Boards of election must provide paper ballots in polling places that all voters have the option to mark by hand or with a nontabulating ballot marking device.

Require Notice to Voter when Removed from Voter Rolls  S6168 (Comrie) / A6764 (Cunningham) Ensures that boards of elections provide adequate notice to each voter before and after a board cancels the voter's registration or places a voter in inactive status.

Permit Registration at any Residence to Which the Voter Maintains a Continuous Connection with an Intent to Remain S2349 (Myrie) / NSA. (Passed Senate 5/8/23) Codifies that voters may register to vote at any residence to which the voter maintains a continuous connection with an intent to remain, including a home where a student lives while attending a college or university.

Constitutional Amendments and Ballot Proposals Written in Plain Language A1722 (Zinerman) / S1381 (Comrie) (Passed Senate 5/18/2023) Constitutional amendments and statewide ballot proposals must be submitted to voters for public comment and be written in plain language.

“Portable” Early Voting Locations S242 (May) / A6971 (Sillitti) - (Passed Senate 1/9/23) Allows counties to have temporary poll sites for a few days during early voting. This would assist rural voters who have to travel long distances to reach an early voting site. Under current law, many rural counties are required to have only one site for early voting.

Omnibus Bill to Improve Transparency of Boards of Elections and Improve Communications with Voters  A296 (Carroll)  / S5392 (Harckham)

Legislation to Improve Absentee Voting

Allows Counting of Absentee ballots sealed with tape and glue where there is no evidence of tampering.  S6195 (Myrie) / A1177 (Paulin) 

Allow Counting of Absentee Ballots without Postmarks Marked Received and Requires Envelopes with Tracking Barcodes S2888 (Myrie) / NSA

Authorize Boards of Elections to Establish Absentee Ballot Drop-off Locations S610 (Hoylman) / A7243 (Simone) (Passed Senate in 2022 & 2023) - NYDLC Memorandum of Support

Require BOEs to Process Absentee Ballot Applications and Send Ballots to Voters on a Specific Timeline S1501 (Gianaris) / A1364 (Walker)

Constitutional Amendment for No Excuse Absentee Voting  S360 (Comrie) /A4431 (Vanel)

Legislation to Improve Election Security and Ensure Public Confidence in Election Results

The NYDLC strongly opposes the following bill:

Opposition to Repeal of Procedures for Recounts in Close Elections A1259 (Lunsford) / S1014 (Cooney) This bill would take away the requirement that boards of elections must recount the ballots by hand in close elections, and it would require a closer election to trigger an automatic recount (lowering the vote differential from .5% to .25%).

The NYDLC Strongly Supports Passage of the Following Bills:

Secure Voting Machines and Reliable Paper Ballots for Audits S2385 (Myrie)  / A3992 (Carroll) (Passed Senate in 2021 & 2022 Session) Bans risky hybrid voting machines; votes encoded with bar codes that voters cannot verify; and direct recording electronic voting machines that do not accept paper ballots. Bans “universal use” machines that would cause long lines at the polls. Requires paper ballots for all voters. Gives boards of election the flexibility to use more than two types of voting machines per election. - NYDLC Memorandum of Support 

Making Ballot Images Available S2333 (Myrie) / A7147 (Levenberg) (Passed Senate 2022) Require that Boards of Election make copies of all ballots cast in an election available to the public upon request. 

Give the State Board of Elections Discretion over Voting Machine Certification A3993 (Carroll) / S6708 (Comrie) - Passed Senate in 2022 Gives the State Board of Elections discretion to reject a machine that meets the statutory eligibility requirements, but otherwise appears unsafe, improper or  insecure. Currently, the Board must certify any machine that meets the statutory requirements. - NYDLC Memorandum of Support

Requires hand recount of automatic 3% audit of voting machines following an election S7480 - 2021-22 bill (Reichlin-Melnick) / A929 - 2021-22 bill number (Paulin) - needs new Senate and Assembly sponsors for 2023-2024 Session

Overcomes technical objections to candidate nominating petitions S6740 (May) / NSA 

Prohibits foreign-Influenced entities from contributing to election campaigns S371 (Gianaris) / A2633 (Walker) - Passed the Senate 5/15/2023 Enacts the democracy preservation act; prohibits contributions by foreign-influenced business entities; requires certification.

Gives State Board of Elections power to issue requests for proposals to purchase voting machines & requires purchase contract to include 10 yrs service and guarantee  S2382 (Myrie) / A1155 (Paulin) 

Overcomes technical objections to candidate nominating petitions S8444 (Reichlin-Melnick) / 

(needs 2023 Assembly  and Senate sponsors)

Legislation to Reform the Board of Elections

Bar Elected Officials and Party Chairs from Holding Elective Office and Serving as Election Commissioners S614 (Myrie) / A3331 (Carroll) - Passed Senate 2022 & 2023

Prohibit Board of Elections Conflicts of Interest  S612 (Mayer) / A1244 (Jacobson) - Passed Senate 2022 - NYDLC Memorandum of Support

Mandate Training for Poll Workers and Those Who Train Poll Workers  S587 (Comrie) / A268 (Walker) - Passed Senate 2023

Legislation to Prevent Voter Suppression and Ensure Due Process

Protect voters, poll watchers, election officials and polling places from intimidation, interference and damage A4759 (Lavine) / NSA. Makes it a criminal offense to intimidate or interfere with voters, poll watchers and election officials, and to cause physical damage to polling places and locations and property used by boards of elections.

Require Voter Challenges to be in Writing S2383 (Myrie) / A2876 (Solages) Require all challenges to voters be made in writing, under oath and logged in poll books.

Deceptive Practices and Voter Suppression Act S263 (Stewart-Cousins) /NSA (Passed Senate 1/9/23) Defines and penalizes deceptive election practices as well as voter suppression and intimidation, which undermines our democracy.

Restore Voting Rights for Convicted Felons S316 (Salazar) / A412 (Epstein)  Authorizes convicted felons who are incarcerated in state or local facilities to vote in elections based on the inmates’ residence prior to incarceration.

Universal Attorney Poll Watchers A530 (Weprin) / S6130 (Parker) Permits attorneys licensed and residing in New York, who are already subject to statewide ethics oversight, to act as poll watchers in any New York locality in order to monitor for misconduct. 

FOLLOWING ARE PROPOSED BILLS THAT NEED TO BE AMENDED OR DRAFTED

Require Basic Security Measures for E-Poll Books: A new bill should be drafted to ensure that certain minimum security requirements for e-poll books  are implemented during early voting and on election day in each polling site across the state in order to reduce the likelihood of hacking and to provide a backup of the records stored on the e-poll books in the event that the devices fail.