Welcome back to #wonkywednesday. Each week I take a deep dive into the registration and election data that makes up our home, Onondaga County. This week I start my 4 week look back at the June 28, 2022 primary. This year we have two primaries because of the disastrous redistricting process in New York. On August 23^rd, 2022, we will have the primaries for Congress and NY Senate. However, we just certified the June primary where Onondaga County held Democratic and Republican primaries for Governor, a Democratic primary for Lt. Governor, and members of the Pompey Town GOP Committee. In other parts of New York Assembly primaries happened as well, but we had none in Onondaga County. This week I will examine #earlyvoting during the June Primary.

Early Voting ran for 9 days June 18-26, 2022, for the June 28^th primary. In a bill that was passed last year more mandated sites and more mandated hours were added to the reform. This meant that every day of Early Voting was a full 8-hour day (weekends were only 5 hours under the old law). It also meant expansion of the minimum number of sites. The voter threshold for minimum number of Early Voting sites meant that Onondaga County must have ten sites for the General election. In May Onondaga County designated their sites and you can see them here. However due to lower voter eligibility and conflicts for the two primaries from host sites we designated only eight of them for use in June and August.

During the June #Early Voting period 2761 voters checked in via the poll pads. Of those that checked in 2739 received ballots and voted on the machines. The other twenty-two voters received affidavit ballots. More voters also received affidavit ballots that did not check in since they were not part of the voter record. We will address affidavits in next week’s #wonkywednesday. Of the 2761 check-ins 2036 were Democrats, 722 were GOP, and three were not enrolled in a party and voted by affidavit. Of the eight sites for #Early Voting Dewitt town Hall was the most popular choice for voters with 790 check-ins at 29% of the overall vote. This was followed by Clay Town Hall (609 22%), OCC Mulroy Hall (361 13%), Armond Magnarelli Center in Syracuse (292 11%), Lysander Town Hall (223 8%), Lafayette Fire Station #1 (190 7%), Syracuse Community Connections (171 6%) and Beauchamp Library (103 4%).

Even though #Early Voting started in 2019, this is only the third primary for the reform as it started with the General election in 2020. Because of the combined primary in 2020 we only have three primaries to compare. We will get a fourth this year though. By all accounts Early Voting grew this year in both Raw Votes and percentage of the overall ballot. However, it is still hard to compare form year to year because of the circumstances of each election. In 2020 though it was a more popular primary in person voting was reduced as so many people chose to absentee reducing the raw numbers and vote share. In 2021 we only had primaries in the City of Syracuse and a few third-party primaries in the suburbs, so the raw number is much reduced. Still if we look at the Percentage of the Overall Vote June 2022 was the best share in a primary for #Early Voting when compared to the overall turnout with 10.71% of voters choosing this option.

We added three new sites for #Early Voting primary this year, OCC Mulroy Hall, Lysander Town Hall, & Beauchamp Library. A fourth site, North Syracuse Community Center will be added for the General Election. Likewise, one of our six original sites, Camillus Town Hall, had scheduling conflicts and we are not using them for June or August. Dewitt Town Hall led in both primaries it was used (2020 & 2022) while Armond Magnarelli was the winner in the City of Syracuse primary in 2021. Of the new sites OCC Mulroy Hall came in third place in 2022 and faired the best, Beauchamp Library unfortunately was the worst site overall. We are starting to see a pattern of usage emerging with top tier sites for primaries being Dewitt and Clay followed by mid-tier sites like Armond Magnarelli, Camillus (when used), and the possible additions of OCC Mulroy Hall and Lysander Town Hall into that group. Syracuse Community Connections Lafayette Fire Station and Beauchamp library look to be lower tired sites. This tracking of usage will allow us to start to adjust staffing levels at individual sites.

With the addition of more sites, we have more areas of the County closer to Early Voting sites than ever. It is no surprise that the closer to a site the higher percentage of your overall vote will choose Early Voting. Lafayette, though a smaller use site, votes the highest of its overall vote early at 17.96%; this is followed by the other Early Voting sites:  Dewitt (15.68%), Clay (12.19%), Onondaga (11.87%), Syracuse (11.27%) and Lysander (9.61%). The one town that outperforms without having an Early Voting site in it is Manlius at 11.94% of its voters choosing to Early Vote, however the Dewitt site is strategically located near the border allowing both towns to Access it. In fact, the three worst towns Elbridge (1.90%, Skaneateles (2.12%), and Spafford (3.17%) are the only three towns that do not border a town with an Early Voting site.

Next week we will look at the absentee ballot states for the June primary. In August, my #Wonky Wednesday blogs will be renamed to the #WeeklyWonk and released on the weekends. This way I can capture more data and have more time to author the articles then the mid-week release allows. Stay tuned.

One of my missions on this website is to give insight on how New York’s Election law works. With the announcement of retirements of County Court Judge Steven Dougherty earlier this year and City of Syracuse 5th district common councilor Joseph Driscoll we have not just one but two rare instances where a vacancy occurs later in the political calendar. This creates a rare scenario where party committees get not only direct access, but more power to select the replacement than the public itself.

Both Judge Dougherty and Councilor Driscoll announced their retirements early but have an effective date in July. Judge Dougherty announced his pending retirement in Mid-April effective July 31, 2022. Councilor Driscoll announced his intention to fill a job managing the I81 redevelopment process last month. This week he submitted his resignation letter with an effective date of July 25th. According to the NYS Comptroller, “(w)hen one resigns from public office, a vacancy does not exist until the effective date of the resignation and the filling of a vacancy cannot take place until the vacancy actually exists.”  Op. State Compt. 82-30. That means the vacancy does not occur when the announcement is made, but the effective date of the retirement.

If the effective dates of the retirements were more than 7 days before the end of the designating petition period than the public would have a great deal more to say in the eventual replacement. In that scenario county parties could nominate candidates for their committee members to walk petitions. However, those candidates could be challenged in a primary by opposing members of the party. In addition, there would be an opportunity for Independent Nominating petitions for non-party candidates to seek the positions.

Since April 7th, 2022 was the last day in the New York Political Calendar for filing of designating petitions, both the retirement announcements and effective dates for both positions were well beyond the statutory deadline to be eligible for the June primary ballot. The August primary is only for Senate and Congress in 2022 and does not play a factor. However, since the retirement effective dates are before August 8th the election for the vacancy occurs at the General Election (NYS Election Law 4-108) this year, November 8, 2022. So, the question now remains, if there is an election this year for an office but candidates cannot get on the ballot via petition, how do candidates get on the ballot?

Here we turn to NYS Election Law 6-116 which says ” “A party nomination of a candidate for election to fill a vacancy in an elective office required to be filled at the next general election, occurring after seven days before the last day for circulating designating petitions or after the holding of the meeting or convention to nominate or designate candidates for such, shall be made, after the day of the primary election, by a majority vote of a quorum of the state committee if the vacancy occurs in an office to be filled by all voters of the state, and otherwise by a majority vote of a quorum of the members of a county committee or committees last elected in the political subdivision in which such vacancy is to be filled, or by a majority of such other committee as the rules of the party may provide. A certificate of nomination shall be filed as provided for herein.”

This means the four established parties, Democrats, Republicans, Conservatives, and Working Families, can file certificate of nominations to put a candidate on the ballot. Per Election Law 6-158 (6): “a certificate of nomination for an office which becomes vacant after the seventh day preceding such primary election shall be filed not later than thirty days after the primary election or ten days after the creation of such vacancy, whichever is later(.)”. Since the effective dates of both resignations fall in late July the county committees could meet once at the same time for both nominations, vote and appoint candidates.

Sounds simple enough right? Well not quite. Party Committees are elected on a 2-year basis. This election happens at the June primary election. However, New York Election Law 2-112b says “Every county committee shall meet no earlier than September seventeenth and no later than October sixth following the June primary. Until such organization meeting, the existing county committee shall exercise all legal authority. Upon the conclusion of such organization meeting, the new county committee shall assume all legal authority vested in the previously organized county committee.” This means that even though the replacement meeting happens after the June primary, members of the county committee that lost primaries (as we say in the Town of Pompey this year) or did not walk petitions will be eligible to vote.

This is especially important since if it is a contested nomination as the only vehicle for ballot access is the party nomination. There are no designating petitions, thus no primary where voters can weigh in on the party choice. Likewise, there are no independent petitions since the last day for filing those were May 31, 2022. The party committee have the final, and only say, who appears on the ballot. Thus, a committee member who may think they are not eligible will be able to vote on these vacancies.

The timing of these nominations will play differently for each position. The NYS Constitution Section 21 A. says “Per Election Law 6-158 (6): “When a vacancy shall occur, otherwise than by expiration of term, in the office of justice of the supreme court, of judge of the county court, of judge of the surrogate’s court or judge of the family court outside the city of New York, it shall be filled for a full term at the next general election held not less than three months after such vacancy occurs” Thus the party nominees at the General election will take office January 1, 2023 get a full ten year term expiring December 31, 2032.

The 5th Common Council seat though will not be elected for a full term. The person successful at the November general election will only fill out the remaining term. Thus, the person who is elected in November will take office on January 1, 2023, with a term expiring December 31, 2023. The next term will be filled in the normal process. Party nominations will happen in February, petitions walked in March and filed in April, primary election in June, and general election in November.

In both the County Court and the 5th Common Council there will be a period of time where the seat will be left vacant. The process for filling these vacancies is different for each. NYS Constitution section 21 A gives the answer on this “until the vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or, if the senate not be in session, the governor may fill such vacancy by an appointment which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.”. Since it is likely the NYS Senate will not be in session in late July as it has closed for the year, the Governor could appoint someone to fill the term. Past practice though the Governor has let the term go unfilled until the new term is filled by an election.

In the case of the City of Syracuse Common Council Syracuse Municipal law Section 3-103 sec 2a states “In case of a vacancy in the office of district councilor, except by expiration of his term, the remaining members of the council by majority vote shall appoint a qualified elector of the district to fill the same until the first day of January following the next election at which the vacancy can be filled, as provided by law.”. The Common Council can fill the vacancy of the fifth common council seat by majority vote and that person will serve until December 31, 2023. Timing though once again becomes an issue.

Under a reform passed in 2019 the Syracuse Common Council must undergo an extensive search for resumes and interview process. This reform will take time and the earliest the Common Council will be able to vote on a replacement will be their next scheduled meeting after the vacancy, August 22, 2022. This will be well after the 10-day deadline that County Parties must act to put a candidate on the ballot. As I stated earlier the only ballot access method is via the county party nomination. Thus, if the council chooses a candidate other than one endorsed by the four designating parties, that councilor will be able to serve until December 21, 2022, however, will be assured to leave office after that as they will not have access to the general election.

Since the Common Council is comprised of all Democrats, and the 5th Common Council district is one of the most Democratic council district s in the city it was likely a Democrat would be appointed. This will set up a likely scenario where the County Committee nominee will have a significant advantage in the council choice. Ironically, the reform put in place in 2019 was a direct result of criticism the council received when they held open an At-large seat and selected the county party nominee. The reform is well intentioned, and something I supported (and still do), but the timing of the vacancy puts the common council in a comparable situation to 2019 where they appointed Ronnie White, the OCDC nominee. However, this time voters have no say in the party choice as there is no primary.

Finally, another wrinkle is that this vacancy occurs while Syracuse is undergoing redistricting for their five common council districts. The Syracuse Independent Redistricting Commission has been working for nearly a year on new maps for the five common council districts. They have just released their final map they plan to submit to the common council. That map alters the fifth common council district essentially breaking it up into two different districts keeping Eastwood in the new district five along with Sedgewick and Lincoln hill neighborhoods. The traditional east side and university is united together. This map improves the districts for the residents of those neighborhoods.

Both the County Committee and Common Council will have to factor in candidate residences not only on the existing map, but politically on the new map. A candidate could be selected that in 2023 will no longer reside in the new district five. This could either set up a primary or create an open seat in 2023. Neither of which may be avoidable, but it is a factor the Common Council and County Committees will no doubt have in mind when selecting. By the way, the date the Common Council will be voting on the new map, August 22, 2022, the same date they will be voting to replace the fifth common council district vacancy.

It will most definitely be an adventure watching these vacancies get filled over the next 2 months, let alone the elections in November. The tapestry of New York Election law weaves a tangled web when these late vacancies occur. I do not really see any reforms that could change these scenarios for the future. It is too onerous to hold primary elections for party nominations so close to a general election or have another independent nominating period. Luckily, these vacancies are exceedingly rare. Unluckily for voter comprehension we have two this year in Onondaga County.

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