NY expands absentee voting after defeat of ballot measure

ALBANY, N.Y. (AP) — New Yorkers can again choose to vote by absentee rather than face the risk of catching COVID-19 at polling sites through the rest of 2022 under a bill that Gov. Kathy Hochul signed Friday.

The Assembly passed the bill 100-45 on Wednesday, and the Senate passed the bill last week with a 42-21 vote. One Democrat in the Senate and two Democrats in the Assembly opposed it.

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Currently, New York law only allows an individual to request an absentee ballot if they will be absent from their county or New York City on Election Day, or if they have an illness, physical disability, or care-taking responsibilities for someone who is ill or disabled.

© Hans Pennink A box of absentee ballots waits to be counted at the Albany County Board of Elections in Albany, N.Y.

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A box of absentee ballots waits to be counted at the Albany County Board of Elections in Albany, N.Y. (Hans Pennink/)

The new law again amends the definition of illness to include when a voter can’t go to a polling place because of the risk of contracting or spreading a harmful disease. New York first passed such legislation in 2020.

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The Democratic governor has said she intends to allow every New Yorker to vote by absentee in 2022.

“Gov. Hochul is committed to restoring faith in government and elections, which is why she proposed a number of State of the State reforms to improve access to voting and safeguard elections in New York,” her spokesperson Hazel Crampton-Hays said.

The legislation’s passage comes months after voters in November defeated two proposed constitutional amendments that would have allowed same-day voting registration and permanent no-excuse absentee voting. Democrats wielding a legislative supermajority had expected both to easily pass.

© Provided by New York Daily News A voter fills out an absentee ballot at the Albany County Board of Elections building in Albany, N.Y.

A voter fills out an absentee ballot at the Albany County Board of Elections building in Albany, N.Y. (Hans Pennink/)

“The failure of the voting rights ballot proposals in New York and the threat to voting rights across our nation place an even greater responsibility on the Legislature to do the right thing and prioritize voting reforms,” Sen. Alessandra Biaggi, a Democrat representing Bronx and Westchester, said.

One rejected amendment would have allowed for lawmakers to pass same-day voter registration by getting rid of a requirement that people register to vote at least 10 days before an election. The other failed amendment would have removed a constitutional restriction limiting absentee voting to New Yorkers who are ill, have a physical disability or are outside the country.

Democrats passed the constitutional amendments for two years in a row in the Legislature: a requirement for getting a referendum on the ballot.

But the state’s Conservative Party waged a successful, multi-million campaign against the referendum in the final days leading up to the November election. State campaign finance reports show the party spent nearly $4.2 million on radio and online ads beginning in mid-October.

The Conservative Party’s ads argued that same-day voter registration and expanded absentee voting would weaken election security.

Democrats did not mount a statewide campaign in support of the referendum — a decision blasted by voting right supporters who have long pushed for the reforms.

© Hans Pennink Albany County Board of Elections Commissioner Rachel Bledi, left, watches as Frank Bongiorno sorts absentee ballots at the Albany County Board of Elections, in Albany, N.Y. Albany County Board of Elections Commissioner Rachel Bledi, left, watches as Frank Bongiorno sorts absentee ballots at the Albany County Board of Elections, in Albany, N.Y. (Hans Pennink/)

New York still took some steps to make voting easier last year: Hochul signed bills in December to increase the mandated number of early voting sites and require absentee ballots to be counted in time for unofficial results to be known on election night.

Since New York rolled out early voting in recent years, voting rights activists have criticized the lack of polling places and limited hours.

And in 2020, the presidential election was marked by delays as counties tallied up a tsunami of absentee ballots.

Republican state election commissioners Peter Kosinski and Anthony Casale slammed Hochul and lawmakers for passing the two laws: “These actions are a direct threat to the integrity of the election process, designed to make it easier to manipulate the votes of people voting by absentee ballot.”

Currently, New York only accepts voting registration applications that are postmarked 25 days before an election and received 20 days before a primary or general election.

Another bill supported by Senate Democrats would allow voters to register sooner: boards of election could accept applications received 10 days before a primary or general election.

The fate of other election bills is unclear.