New York State Voting Legislation
Changes are Coming to New York State’s Congressional Lines!
New York’s top court, the Court of Appeals, in a 4-3 decision rendered on December 12, 2023, ordered a bipartisan independent commission to produce a new draft of congressional state lines by the end of February. Once drawn, the State Legislature will vote on these lines/maps. If the maps are voted down, the state legislature will have the power to draw new congressional maps themselves.
Find out more about this decision.
New Law Ensures Statewide Ballot Proposals are Easily Comprehensible
On November 17, 2023, Governor Kathy Hochul signed legislation (S.1381A/A.1722B) into law to ensure voters are informed. This law requires that all ballot proposals and proposed constitutional amendments submitted for a statewide vote be written in “plain, easily understood language that identifies the practical impact of adopting or rejecting the amendment.” All statewide ballot proposals will not exceed an eighth grade reading comprehension level and must be written in a “yes” or “no” format to help citizens confidently cast their votes.
Making language simpler and clearer to understand the pending proposals will eliminate barriers voters may face.
Find out more about this piece of legislation
New Legislative Voting Rights Package Signed Into Law—September 2023
On September 20, 2023, Governor Hochul gave final approval to a legislative package aimed at protecting voting rights and encouraging participatory Democracy
- Strengthen Early Voting Practices (S. 6195/A.1177; S. 5984-A/A. 6132-A; S. 6519-A/A. 1565-A; S. 7394-A/A. 7632-A),
- Enhance Electoral Education (S. 5965-A/A. 4009-A; S. 587/A. 268; S. 1733-A/A. 5180-A; S. 7550/A. 7690),
- Protect New Yorkers’ Vote (S. 350/A. 5874; S. 438/A. 928).
Bills that strengthen Early Voting Practices:
- Legislation (S. 6195/A.1177) allows absentee ballots to be counted if they have been taped and show no signs of tampering. This law takes effect immediately.
- Legislation (S. 5984-A/A. 6132-A) creates a “Golden Day” on the first day of each early voting period that allows New Yorkers to register to vote and cast their ballot all on that same day. This law takes effect immediately.
- Legislation (S. 6519-A/A. 1565-A) ensures that no early voting polling location can be changed within 48 hours of the early voting period unless there is a declared state emergency. This law takes effect immediately.
- Legislation (S. 7394-A/A. 7632-A) allows New Yorkers to request mail ballots up to ten days prior to an election that they want to vote early by mail. This law takes effect on January 1, 2024, and will apply to any election held thereafter.
Bills that enhance Electoral Education:
- Legislation (S. 5965-A/A. 4009-A) requires local jails to provide voter registration information to individuals of voting age being released from a local correctional facility. This law takes effect on the 180th day after the bill was signed.
- Legislation (S. 587/A. 268) mandates the NYS Board of Elections to provide a training program for all poll workers to reduce barriers voters may face on election day that could otherwise discourage them from voting. This law takes effect on the 180th day after the bill was signed.
- Legislation (S. 1733-A/A. 5180-A) requires local boards of education, Boards of Cooperative Educational Services, charter schools, and non-public schools to adopt policies that promote student voter registration and pre-registration, so that youth can learn the importance of civic engagement. This law takes effect on the 1st of July.
- Legislation (S. 7550/A. 7690) schedules the 2024 Presidential Primary Election for April 2, 2024. This law takes effect immediately.
Bills To Protect New Yorkers’ Vote:
- Legislation (S. 350/A. 5874) prohibits “forum shopping” in constitutional challenges regarding election cases; thus, one cannot choose the court of jurisdiction that has the most favorable rules for the position being advocated. This law takes effect immediately.
- Legislation (S. 438/A. 928) bans electors in the NYS Electoral College from voting for a candidate that did not win the highest number of votes within the State. This law takes effect immediately.
Read the Governor’s Complete Press Release
New State Law Allows More Time To Register To Vote
On December 23, 2022, Governor Hochul signed legislation (S.2951A/A.8858A) expanding the time New Yorkers have to register to vote with the intention of making voting in the State easier and the ballot more accessible.
Previously, voter registration forms had to be submitted in-person at least 25 days before an election or postmarked at least 25 days before the election and received by the local Board of Elections 20 days before the election. Now, if a New Yorker submits a registration form in-person 10 days before an election, postmarks a voter registration form 15 days before an election, and the Board of Elections receives the forms 10 days prior to the election, that person will be eligible to vote in the upcoming election. This new law, which took effect on January 1, 2023, is consistent with the State constitutional minimum of ensuring voter registration forms are received 10 days ahead of an election.
Read the Governor’s press release.
New Law To Ensure Eligible Votes Are Counted
On December 2, 2022, Governor Hochul signed S.284C/A.642C into law to improve the State’s electoral process and empower New Yorkers to vote. The new law requires the counting and canvassing of affidavit ballots made by qualified voters who go to the wrong polling site provided they are in the correct county and assembly district. The complete press release issued by the Governor’s Office can be found here.
The John R. Lewis Voting Rights Act Become Law in New York State
On June 20, 2022, Governor Kathy Hochul signed the John R. Lewis Voting Rights Act of New York (S.1046-E/A.6678-E) into law. The state legislature passed this bill, the most expansive protections in the country, to encourage participation in our Democracy and elective franchise by all eligible New Yorkers. The law aims to ensure that eligible voters who are members of racial, ethnic, and language-minority groups have equitable access to register to vote and participate in our political or electoral process. In sum, this Act establishes the rights of a protected class to vote, provides assistance to language-minority groups, requires preclearance for potential violations and creates civil liability for voter intimidati
Among the provisions:
- Expands access to voting by barring voter dilution, suppression, intimidation, deception, or obstruction
- Requires jurisdictions with a history of civil or voting rights violations to seek preclearance for changes to key election policies and procedures through either the State Attorney General's Civil Rights Bureau or a specified State Supreme Court
- Creates civil liability for voter intimidation and vote dilution, provides guidance on how these can be proven in court and a non-exhaustive list of suggested remedies
- Provides for expedited judicial proceedings involving alleged violations under the Act
- Requires districts to provide language assistance to a minority group for voting materials of an equal quality of the English language materials
The provisions of this Act will apply to all elections for any office or electoral choice within the State or political subdivision.
Read the full press release here.
Absentee Voting Protection Signed Into Law
On June 24, 2022, a New York State law was enacted to protect absentee voting, ensuring these ballots are not disqualified because of stray marks.
During the pandemic many voters used absentee ballots to safely participate in the electoral process. This law protects the constitutional right of absentee voters to have their vote counted when there are marks or writing on an absentee ballot, as long as the express intent of the voter is clear. Before the law was enacted, any stray marks or writing would void the ballot regardless of whether the rest of the ballot was filled correctly.
This Act takes effect immediately and will apply to all elections after June 24.
