New York State Lawmakers are poised to make a Second Attempt at Launching the Process to Legalize Automatic Voter Registration (AVR) for Eligible New Yorkers who Interact with Certain Government Agencies.
Mirroring the auspicious beginning of the 2019 Session, which in the First weeks saw a Historic Spate of Voting Reforms Passed by the New Two-House Democratic Majority, Lawmakers say another Package of Election Bills, including AVR, is likely to Pass the State Senate as soon as Today, with an Assembly Companion in the near future.
“We’re starting [Thursday] with a package of bills expanding on voter rights,” Senator Liz Krueger (D-28th District), my Senator, said “We did a whole package on improving access to voting and voter rights last year...we have more bills that we intend to pass relating to expanded access to voting and improvements in early voting. We’ll be passing 9 or 10 bills, making sure that we have a system for automatic voter registration and a variety of changes to early voting laws, including exempting public schools from being early voting locations given the burdens it can place on school facilities.”
A Press Release from Governor Andrew Cuomo’s Office Outlining his 2020 Agenda, sent just after his State of the State Speech Wednesday, expressed Support for AVR, claiming that it will Improve Registration and Turnout Rates and making Additional Commitments to make the Program Accessible through the Internet. “We will ensure that all automatic voter registration opportunities are available online and we will enable New Yorkers to simply apply to register to vote on the State Board of Elections website if they choose to do so,” the Press Release said.
Days before the End of the 2019 Session, the Assembly, Controlled by Democrats, pulled its Version of the AVR Bill due to an Error in the Language that meant People attempting to Opt-Out might be inadvertently Opting-In. If the AVR Bill Passes both houses of the Legislature in 2020 but Not Signed by the Governor until the End-of-the-Year Deadline, AVR may Not be Implemented until December 2022, after the Next Statewide Election.
Reformers believe AVR and other Voting Changes will make it Easier to Participate in Elections, especially for People who have been Historically Disengaged from the Democratic Process. Combining Agency Service Applications with voter Registration Forms means Individuals will have to Provide the necessary Personal Information, like Name and Address, only Once. Under an “Opt-Out” system, Service Recipients have to take Affirmative Action only when they are Choosing Not to Register to Vote or when they want to be Affiliated with a Particular Political Party for the Purposes of Voting in a Primary, All of which will be possible on the Integrated Form. The Government Agency that Interfaces with a Potential Voter is Responsible for Submitting the Registration Form to the State Board of Elections, which then Transmits the Form to Local Election Administrators.
During Debates over the Bill, Immigration Advocates and Critics alike expressed Concern that an AVR system would Capture People Ineligible to Vote, Endangering People with precarious Immigration Statuses and Enabling Voter Fraud. Those Concerns were Compounded when the State Passed the Green Light law, which allows Undocumented Immigrants to Apply for Driver’s Licenses and took Effect toward the End of 2019.
Lawmakers responded to those Concerns in the Original Legislation by including Safe Harbor Language that Outlines a Presumption of Innocence for Someone who Fails to Opt-Out, even if they are Ineligible to Vote. The Legislation also Affirms that Registering to Vote Automatically does Not Constitute a Claim to Citizenship, which could otherwise Jeopardize an Immigrant’s Legal Status.
As Krueger said, the State Senate plans to Pass a Host of other Voting Reforms, a Number of which Build on the State’s New Early Voting System established in 2019.
“The Senate Democratic Majority will rollout legislation empowering more New Yorkers to take advantage of early voting opportunities and exercise their Constitutional right to vote,” reads a Wednesday Advisory, Previewing a Thursday Morning Press Conference to be led by Senate Majority Leader Andrea Stewart-Cousins (D-35th District), just before the Senate holds its Second day of 2020 Session. “These bills build on the historic voting reforms passed under the Senate Democratic Majority during the 2019 Legislative Session.”
The Package the Senate appears poised to pass, possibly with the Assembly following suit, also includes:
- Changes to Authorize Counties to Set-Up Portable Early Voting Sites, meaning Local Boards of Elections may Add Additional Polling Locations to Serve Hard-to-Reach Areas for a Shorter Span within the Early Voting Period of 10 Days.
- Deal with the Criteria for siting Early Voting Locations, including One that Bars the Use of Public Schools, a source of Conflict during the 2019 Implementation.
- Would Require more Public Notice about Elections and College Campuses to have Designated Polling Places.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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