Throughout Onondaga County and most of New York state absentee ballot applications are hitting about 5 million voter’s mailboxes.  This is the first time in New York State electoral history that voters will be getting this type of outreach.  It is Governor Cuomo’s response to the COVID-19 epidemic and an attempt to make voting safer.  Voters have been mailed an application, a postage paid return envelope, and reasons for applying have expanded.

This is my third Sunday in a row I have spent time talking about absentee voting and voting by mail. Since March 23^rd each week has brought new changes to our electoral system in New York as the Governor, legislature, and State Board of elections adapts to the ongoing health crisis. There have been executive orders, regulations, guidance, and clarifications each week. However with 36 days to go until the election it seems as if we finally have agreement on what the rules are for the June 23^rd election in regards to absentee voting.

Here is what is happening with absentee voting in New York for the June elections:

Expanded reasons for voting absentee

As we have discussed in previous articles, New York requires an excuse for voting by absentee.  The six excuses generally allowed are Out of County on Election Day, Permanent illness or disability, Temporary Illness or disability, incarceration, primary care for someone who is ill or disabled, patient or employee of a Veteran’s Health Administration Hospital.  Governor Cuomo has clarified for the June 23^rd elections that fear of COVID-19 is acceptable under the temporary illness excuse.  This opens up absentees to any voter who wants one this election.  It should be noted that this is not acceptable, as of now, for the November elections though certainly there could be further executive orders and legislation between now and then.

Multiple ways to apply

Traditionally voters had to mail, fax, or apply for an absentee ballot in person at a Board of Elections.  These options are still available, however Governor Cuomo by executive order has expanded the options for the June primary.  You can now apply online by email or electronic forms or by phone. Onondaga County voters can visit onvote.net or call 315-435-VOTE.  In addition to those options applications with postage paid return envelopes are being mailed to all eligible voters and hitting mailboxes now.  Don’t wait to apply as we still have to mail a ballot to you. Expanded options are only good for the June primary and you cannot apply for the November election using those options. We have already received record absentee requests, and that is before the mass mailing hitting this week.  Do not wait, apply today.  Applications must be postmarked on June 16^th or before to guarantee a BOE will mail the ballot to you.

Permanent and other requests still allowed for June and November

You can still apply for an absentee for the November election under the traditional excuses, but you cannot make that application by phone, email, or electronic method.  If you want to change your status to Permanent Illness or disability you can do so by taking advantage of the absentee mailer that is going out and returning it and you will always receive an absentee ballot for every election.  If you are going to be out of the county or have a temporary illness or other statutorily valid reason you can do but must mail in the application on your own or apply in person.  

Absentee Ballots will be mailed upon request, must be postmarked by June 22^nd.

Upon receiving an application the Board of Election will process and mail out a ballot to the address the voter requests, usually within one day.  It is important you apply as soon as possible as Boards are likely to face an unprecedented amount of requests.  Once you get your ballot fill it out and return it as soon as possible. Ballots must be postmarked by June 22^nd to be valid.  If you are ready to vote there is no need to delay as you can request another ballot or vote in person if you change your mind closer to Election Day.  

You may have been mailed multiple absentee ballots due to the combining of Elections

The combining of elections for Democrats may cause you to have been mailed multiple ballots.  If you applied for an absentee before March 23^rd you may have already received a Presidential Absentee Ballot. This election was postponed and now is being held concurrently with the Local (Congressional & City Court) primaries.  All voters who applied for the original April 28^th primary will now receive an absentee ballot envelope with both Presidential and local ballots in it. This takes the place of your original ballot, fill them out and return them.  (If an original ballot is returned and not replaces it will count for the Presidential Election only).  City of Syracuse voters who already received an absentee ballot may be issued another one this week as a candidate that was removed from the ballot has been restored.  If you already submitted a ballot that will be counted unless you submit a new ballot and the newer ballot will then count. Voters in the NY 50 Senate district may have received a Special Election ballot before March 23^rd.  That ballot is now null and void as that election has been cancelled.

There still will be In Person Voting options

In Onondaga County we plan to open 6 in person Early Voting sites and over 150 in person Election Day sites.  The Early Voting sites are designed to allow any voter from any part of the county to be able to vote when they show up that day.  We have Early Voting sites in the North and south side of the City of Syracuse as well as North, South, East, and West areas of the county.  Hours of Early Voting are 10-3 on weekends and either 106 or 12-8 on weekdays. On Election Day our polling sites will be open from 6am to 9pm. We are working with our county health department to provide PPE and sanitizing equipment to all sites and are dedicated to maintaining social distancing and a safe as possible voting environment.  Visit onvote.net to get information on the Early Voting center nearest you and your polling location.

Absentee Ballots won’t be counted until 7-10 days after Election Day

It is important to remember that with more absentee ballots being processed, the less likely we will have a definitive winner on Election Night.  Because a voter can change their mind and decide to vote in person and we have until 7 days after Election Day to receive a ballot Boards of Elections can’t even open absentee ballots until after voter history is processed and enough time is given to receive absentee ballots turned in on Election Day or being delivered by US mail.  These means absentee ballot openings are usually not until 7-10 days after Election Day. Absentee ballot opening are supervised by the candidates (if they wish) and held every year regardless of proximity of results.  They are then combined with our Election Day results and make up our certification of an Election done 14-20 days after Election Day.  This certification is the official declaration of a winner and nothing is official until the results are signed off on both Elections Commissioners.

Finally it is important that you as a voter help us get proper information out to your friends and family.  This is one of the more confusing elections due to the changing dates and rules I have ever administered.  Make sure you only get information from your Board of Election sources and share only accurate information.  As always in Onondaga County you can find reliable information at onvote.net or by calling our office at 315-435-VOTE.

The COVID-19 scare has reshaped how we think of just about everything in normal life. Elections are of course part of this re-imagining of American life.  Large gatherings with at-risk elderly poll workers is a nightmare scenario for the current pandemic.  We have had states postpone elections hoping the pandemic will abate later this summer.  The Wisconsin election of early April and the dozens of COVID-19 cases and long lines of voters because of lack of poll workers is the other end of the spectrum.

Many states are starting to expand their vote by mail options.  This, as all things with elections, has become hyper-partisan, and in my opinion needlessly so.  Many primaries such as Ohio and Maryland have moved to all mail in options.  This week California became the latest state to take the jump into vote by mail.  Governor Gavin Newsome has announced that every voter will receive a ballot in the mail for the fall elections joining Colorado and Oregon to take the jump to full Vote by Mail.

The most frequently asked question I get is why New York can’t also take the plunge into Vote by Mail for the primary and fall elections.  The simple answer is Vote by Mail in its purest form, where ballots are mailed to all voters, may be prohibited by our NYS constitution.  The constitution requires an excuse to vote by absentee, the only mail voting option available under current NYS law.  There is some disagreement over whether there is authority to actually send ballots to voters without them applying for an absentee and declaring an excuse.  In fact when Governor Cuomo was rumored to be considering issuing an executive order NYS GOP chair Nick Langworthy had a twitter meltdown threatening to sue.

Governor Cuomo has done the next best thing.  He has loosened up the excuse requirement allowing for COVID-19 to be a covered excuse under temporary illness.  He has also ordered Boards of Elections to mail an absentee application to every eligible voter for the June primary election with a postage paid return envelope. Furthermore he has allowed all voters to apply by email and phone in addition to the mail and fax that was previously allowed.  He also ordered that all absentee ballots sent out must have postage paid return envelopes.  It is important to note these changes are only for the June primary, mainly because it was done with Executive Order.  The legislature needs to act to codify these orders so it can be implemented for the November election.

Voters eligible for the primary will either get their ballots or applications starting this week.  However looking towards the future, what will it take for New York to make vote by mail a reality for its citizens.  Unfortunately this is not something that will be a quick process.  Most likely the first year where Vote By mail can be a reality is 2022.  However to be ready to do it, we need to do the following changes:

Change NYS Constitution to remove the excuse for absentees

The first step towards Vote by mail has already been done.  In fact it was done in January of 2019.  On the first day of session NYS Democrats, having newly took over the state legislature, enacted long held up voting reforms.  This included Early Voting, a unified primary, universal transfers of registrations, and constitutional amendments to remove the excuse from absentee voting and allow for same-day registration.  It should be noted that the GOP Senate for years wanted no excuse absentees as an alternative for Early Voting, but never actually passed an amendment and then many voted against it when it was finally passed by the Democrats.  

The constitutional amendment process is long and arduous.  First an amendment must be passed in two separately elected legislature.  It was passed in 2019 and if Democrats retain control of the Senate and Assembly it will most likely be passed first day of session in 2021. Then it will be put before the voters of the state by referendum in the November election in 2021.  Finally if it is passed enabling legislation will be passed in 2022.  That enabling legislation can include a mandate to skip the application process all together and send ballots directly to all registered voters.  This is how it happens but other legislative changes need to be taken before then as well.

Update our Voter Registration system with Online, Automatic, and Same Day registration.

Part of the issue with vote by mail is New York’s voter registration system is just not ready to mail ballots to all of our voters.  We currently have 1.2 million voters in “Inactive” status in New York. The most common reason for this is because we received a piece of mail back from the annual mail check cards that they no longer live in the address on file.  We must reduce that number by upgrading our registration system.  Some upgrades have happened.  In 2016 the DMV instituted an online registration system through the MY DMV system and this is where most of our registration forms now come from.  In 2019 online voter registration was passed which will allow Boards of Elections to institute a similar systems by 2021.  In addition the constitutional amendment for Same Day registration was passed in 2019 and follows the same constitutional timeline as No fault absentees.

One other registration fix the legislature can pass this year is Automatic Voter Registration.  This popular piece of legislation will automatically update voter rolls when people come of age, move, or die.  The New York State Senate already passed a version of it this year and we are awaiting the assembly to do it.  Passing it now will allow the State Board of Elections to pair it with the development of the online voter registration system it is developing and have it in place for the start of any VBM system.

Change the way we count and when we count Absentee votes.

There is a myth that we only count absentee ballots when a race is close.  That is simply not true.  We count every ballot every year in every race.  However absentee ballots are usually not canvassed until 7-14 days after Election Day.  This is for two reasons:  Ballots have until 7 days after Election Day to arrive at the BOE offices (as long as they are postmarked the day before Election Day) and Voters can choose to vote in person on Election Day (or during Early Voting) and that will pull replace their absentee ballot.  In fact that is what is required by law if you are able to vote on Election Day.  This means Boards of Elections cannot even begin to start to count ballots until days after the election when voter history can be properly addressed as well as ballots received.  With a larger percentage of absentees being cast, results on Election Day will become less reliable.  Furthermore we give more scrutiny to absentee ballots.  Ballots can be discarded if not postmarked on time as well as marks on the ballot or failure to file out the signature portion and a voter will have no opportunity to correct any default nor any notice that the ballot was rejected.

Once the excuse portion of the constitution is changed we can then alter the absentee ballots that make that ballot cast as soon as it is processed and received by the Board of Elections.  This will allow Boards to canvass absentees as they come in.  Like Early Voting ballots the results will not be tabulated until Election Day.  This will make the results reported on Election Day more complete.  We will also be able to canvass ballots without needless challenges from campaigns in close races as the results will be reported on Election Day eliminating the temptation to challenge every ballot of the opposite party post-Election Day.  Voters could also get a chance to cure any deficient ballots if they are ruled on daily by BOE officials and notices sent.  Finally we should move the postmark date to Election Day instead of the day before.  This will eliminate hosts of ballots that are postmarked on Election Day or not postmarked at all but received by the Board before Election Day.

Expand Early Voting options and use them as designated ballot drop off points.

While Vote by Mail will reduce the need for in person voting options on Election Day and Early Voting it won’t eliminate it.  We will still need those options for persons with disabilities who cannot vote on a paper ballot.  We also will have a greater need for points to drop off absentee/vote by mail ballots. Many voters would refer to vote at home but drop off the ballots at designated location rather than risk ballots not being delivered or delivered late.  Also expanding Early Voting sites will reduce the Election Day populace, which will allow Election Boards to along with Vote by mail, eliminate staff and sites on Election Day and reduce costs.  The earlier we get people to vote either by VBM or Early Voting the quicker we can rectify problems and help voters cast their vote properly and securely.

The path to Vote by Mail in New York requires a great deal of legislation before it can be a viable reality.  The legislature can start to take some of these steps this year to expand absentees and start working toward a goal of a mostly vote by mail system by the 2022 midterms.

Sunday Thoughts:  What to expect for the June elections and changes in absentee voting in New York

This week Governor Cuomo made more changes to Election Law for the June 23^rd primary elections. The last two months have been a whirlwind for election officials as we have tried to chart a path forward during the COVID-19 health crisis.  I think it is helpful to review the major changes that have happened:

·       Designating petition time period was cut from 38 days to 25 days the amount of signatures needed to get on the ballot reduced to 30% of original amount.

·       Independent nominating petitions was suspended and not yet rescheduled

·       Opportunity to Ballot petitions were cancelled in their entirety for the 2020

·       The Presidential primaries and special elections first were postponed to June 23^rd then cancelled in its entirety (though the presidential cancellation is now part of two lawsuits).

·       Village elections originally scheduled in March and June are now rescheduled for September 15^th.

·       Caucus for Town elections postponed until at least June 1 or later.

·       School elections moved from May 19^th to June 9^th and mandated to be all mail balloting.

·       Applications for absentee ballots were expanded to allow for temporary illness for the COVID-19 crisis making them near universally available for the June 23^rd primary.

·       All Applications on file for the now cancelled April elections will carry forward to the June 23^rd elections if applicable.

·       Applications can now be made by email and phone as opposed to just mail and in person in the past.

·       Applications will now be mailed to every active and inactive voter in the state with postage paid return envelopes that are eligible to vote in the June 23rd primaries.

·       Once an absentee application is received the local Board of Election will send an absentee ballot with a postage paid return envelope as well.

·       Boards of Elections will be mandated to have Ballot Marking Devices (BMD) at their facilities to allow for those that have disabilities to participate in the absentee ballot program.

That is a lot of changes for one year, let alone the last 45 days.  The most immediately noticeable is the cancellation of the Primary and special elections the voters.  The Presidential Primary is the subject of two different lawsuits and while it is in litigation I will not be commenting on those until the cases are resolved. However the changes with perhaps the most long term consequences are the ones to absentee balloting.  Activists and election officials have been calling for reforms to this part of election law for a while.  

Some though still wonder why New York, like other states, have not moved to all mail balloting for all elections.  Unlike other states we have a prohibition against this in our NYS constitution. The constitution states you need a reason to vote absentee.  This means you must declare that reason in the form of a request.  In fact New York is looking to change this through our constitutional amendment process.  When Democrats took over the New York State legislature in January of 2019 one of the first laws they passed was a constitutional amendment change to allow for “No Excuse” voting which could potentially lead to mail in balloting.  Unfortunately the amendment process for the NYS constitution is long and arduous.  A bill must be passed by two differently elected legislatures and then voted on by the entire state.  The earliest this can be accomplished is in 2021.  

With these restrictions in place it was impossible for New York to enact an all-mail balloting process for this year’s elections.  In fact even the mere mention of it was enough for the State GOP chair to call emergency meetings and threaten lawsuits.  As we see the nationwide GOP tactic has been to oppose every election reform that expands the ballot to allow for increase participation.  With an election less than two months away the best Governor Cuomo could do is expand the absentee process.  It should be noted that the School elections now scheduled for June 9^th is being mandated to pull off all mail balloting. The reason this can happen is that School districts run their elections and are not subject to the restrictions in the NYS constitution.

The absentee expansion for June will start this week.  By the end of the week the first wave of absentee ballots will start to be placed in the mail.  This will go to military and federal voters and any applications on file and processed by County Boards of Elections.  Also this week or early next voters who have not yet applied will receive an application in the mail with a postage paid return envelope.  If you don’t receive either an application or absentee ballot in the mail by May 18^th you should contact your Board of Elections to request one.  The application can be emailed, faxed, or returned via US mail.  Important to note if you email the application back it can’t be used for the November election, only the June primary.

Applications must be postmarked by June 16^th to guarantee the Board of Election will mail out a ballot to you.  However you should not wait to send your application in.  Boards need to process your application and mail out a ballot to you. Once you get the ballot you need to postmark your ballot by June 22^nd or you can drop it off at your local Board of Elections.  It can also be dropped off at a polling site on Election Day June 23^rd. Again do not wait.  Fill out your ballot, mail it in right away.  

There will be Election Day voting on June 23^rd and Early Voting on June 18^th. If you decide you want to vote in person you can do so.  Boards of Election do not canvass absentee ballots until after Election Day.  We will pull voter history for voters who vote on Election Day and remove your absentee ballot from the canvass.  The increase in absentees may mean that we won’t know who won races until 7 to 14 days after Election Day.  It will be important for media, candidates, and voters to be aware of this change.

Lastly it is important to remember these changes are only in effect for the June 23^rd primary. The legislature should act to codify these changes for the November primary as well.  We can evaluate how these changes work to increase turnout and which of these changes needs tweaks before the fall elections.  These changes will help voters vote safely for the June 23^rd elections but there is no reason to believe the COVID crisis will abate in the fall.  We should look to use these changes to increase voter access for June and November.