As part of a set of legislative election reforms to address voting problems that arose in the June 23 primary election, Gov. Andrew Cuomo signed bill S8015D into law on Aug. 20 which will temporarily expand New York voters’ ability to vote by mail in upcoming elections, including the presidential election in November, and other elections taking place in 2021.

 

The new law temporarily alters the definition of “illness” with respect to absentee voting eligibility to include “risk of contracting or spreading a disease that may cause illness to the voter, or to other members of the public,” such as in the case of the coronavirus. Essentially, it expands prior statutory language that restricted eligibility for absentee ballots to just those with temporary or permanent illness or disability, in addition to those absent from their residence during an election, such as military personnel.

 

The bill was sponsored by State Senator Alessandra Biaggi and Assemblyman Jeffrey Dinowitz, and passed the senate on July 22 and the Assembly on July 23. Biaggi issued the following statement on Aug. 20 following the governor’s signature. “COVID has upended every aspect of our lives –– but we cannot allow it to undermine our democracy and New Yorkers’ sacred right to vote,” she said. “I introduced S8015D in March to ensure no New Yorker would have to choose between their health and fulfilling their civic responsibility. Unfortunately, during the June election, too many New Yorkers had to make that very choice.”

 

She continued, “With changing guidance, and little time to prepare, voters faced uncertainty and in many cases received their ballots late, or not at all. Signed into law, my bill will give every New Yorker clarity and the assurance that they can vote by absentee ballot come November. It will also provide the Board of Elections with much needed time to prepare. I want to extend my gratitude to Senate Majority Leader Andrea Stewart-Cousins and my colleagues in the [State] Legislature for their partnership and commitment to protecting our democracy.”

 

Meanwhile, Dinowitz issued the following statement on Aug. 20. “Today is a good day for voters in New York State,” he said. “Even as we still have many unanswered questions about how the absentee voting process will be conducted, it was imperative that we address the underlying eligibility question first and foremost. Now that we have established all New Yorkers are eligible to receive absentee ballots for the next sixteen months, we can turn our focus to implementing basic procedural steps like ballot tracking technology and ballot drop boxes. Ultimately, it would be great if the federal government helped invest in protecting the integrity of our elections. But under the current White House and Senate leadership, I am not holding my breath and think New Yorkers will have to figure this out for ourselves to make sure we have widespread voter confidence in electoral results after the November 3 election.”

 

A permanent expansion of absentee ballot eligibility, also known as no-excuse absentee voting or vote-by-mail, requires amending the New York State Constitution. In order to amend the state constitution, a proposed amendment must pass in two consecutive legislatures and then be ratified by statewide popular vote. The New York State Legislature for the 2019-20 term has already passed a proposed amendment in this regard and will need to pass once more within the 2021-22 term. Once the proposed amendment passes for a second time, it must be ratified by statewide popular vote. The soonest this constitutional amendment could take effect is January 1, 2022 which coincides with the expiration of the new temporary law.

 

In addition to expanded absentee ballot eligibility, Dinowitz has been pushing for several other reforms to ensure voters are able to have their ballots counted for the Nov. 3 general election as well as all future elections in New York. These include ongoing efforts to require absentee ballots that are missing a postmark to be counted if received by the Board of Elections within three days of the election date (A10844), mandatory ballot tracking (A10724, among other similar proposals), and widespread use of ballot drop boxes to reduce dependence on the postal service for the return of completed ballots.

 

AARP is a United States-based interest group focused on issues affecting the elderly. In an earlier statement regarding the then-pending bill, AARP New York State Director Beth Finkel said, “Older voters in our state should not have to risk their lives or their health to exercise their right to vote. With the pandemic still upon us, all registered voters should be able to cast their ballots safely from home if they choose in the November general election. AARP New York thanks Senator Biaggi and Assemblyman Dinowitz for protecting New Yorkers’ safety with their legislation.”

 

The trio of reform bills, including the absentee voting expansion, were recently featured in a New York Times editorial supporting their passage.