As the state Legislature adjourns for a pivotal election season, New York's voting laws remain a national disgrace, undermining civil rights, perpetuating low voter turnout, and eroding an already damaged public trust.
The state's outdated election laws can make it difficult and sometimes impossible for eligible, busy New Yorkers to exercise the franchise. In what has become an annual ritual, the Republican-controlled Senate is departing Albany without voting on any of the proposals that would help usher New York elections into the modern age.
Thirty-seven other states, including large, diverse ones like Texas, California, and Florida, provide flexible early voting opportunities on evenings and weekends. By contrast, New Yorkers unable to appear at their assigned polling place on our single Tuesday Election Day (and who do not fall within selective absentee exceptions) cannot vote. To head off an ugly trope, these people aren't lazy, they're busy, and they're just like you. For New Yorkers with work or school commitments, the disabled or ill, or those with child-, elder-, or disabled-care duties, restrictive voting rules can create insurmountable obstacles. Texas recognized this when it enacted early voting in the 1980s. Naturally, restrictions on voter access disproportionately impact lower-income New Yorkers who have less flexibility in their work hours, child-care obligations or transportation alternatives.
In 2018 alone, the Senate rejected two distinct proposals that included funding for flexible, locally tailored early voting periods. During budget negotiations, the Senate majority even had the gall to eliminate millions in state funding included by the governor and Assembly before denouncing the proposals as unfunded mandates.
Another convenient reform to improve access for busy New Yorkers is to allow any eligible voter to vote "absentee" by mail or in person. New York requires residents to swear they meet one of a limited list of "excuses" to qualify. The Assembly approved this change in 2017 and 2018, but because this antiquated limitation is entrenched in the state constitution, the failure of the Senate to address it before departing Albany ensures the reform cannot take effect until 2021 at the earliest.
Apart from balloting, New York makes voter registration — a clerical act — far more difficult than many other states. Our outdated, paper-based process disenfranchises otherwise-eligible voters. A new voter must register at least 25 days before an election to participate. This means that during the final weeks leading up to an election when public interest and media coverage peaks, it's already too late to get involved in New York's political process. Additionally, unaffiliated New York voters who wish to vote in closed primaries face the harshest "change in enrollment" deadline in the country (the cutoff is a draconian 25 days before the prior year's November election). Relocation presents another pitfall, as registered New Yorkers do not stay registered when they move across county lines. Voters who fail to register anew after moving are ineligible to vote without any opportunity to cure.
These rigid barriers can frustrate the free and fair exercise of our constitutional rights, but viable solutions are not beyond our imagination, be it piecemeal ones like registration portability across county lines and youth registration, or more comprehensive fixes like same-day registration and voting or automatic registration when New Yorkers interact with government agencies.
The systemic shortcomings that undermine New York voting rights are not new. For years, the lawmakers controlling the Senate have chosen to ignore them and block these reforms. It's a political calculation that assumes you're not paying attention. This fall (provided you register in time) you can make your choice, too.