Election legislation roundup: New York State Legislature

By

Mercedes Yanora

As of Nov. 19, members of the New York State Legislature, which includes the New York State Assembly and the New York State Senate, have passed 21 bills related to election administration since the beginning of the year. Of those 21 bills, legislators passed two during the week of Nov. 13-19. Democrats sponsored both of the bills. The bills are:   

  • NY S01381: Requires a proposed amendment to the constitution or other question provided by law to be submitted to a statewide vote be submitted to the people for their approval in plain language which is deemed to be no higher than an eighth grade reading level, Sens. Leroy Comrie (D), Robert Jackson (D), Rachel May (D), and James Skoufis (D).
    • “As introduced, this bill requires proposed amendments to the state constitution submitted to the voters at statewide election to be written in plain language at no higher than an eight grade reading level.”
  • NY A06919: Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions, Assembly Members Rebecca Seawright (D), Fred Thiele (D), and Latrice Walker (D).
    • “As introduced, this bill:
      • Establishes that the Montaukett Indian Nation will elect three tribal trustees by majority vote of lineal members of the Nation at an annual meeting on the first Tuesday in April.
      • Provides that terms of office are two years.
      • Specifies that voters must be 18 years old and a certified lineal member of the Nation.”

Of the 21 bills passed this year, 17 have been enacted. Democrats sponsored 16 bills, while a bipartisan group of legislators sponsored one. Five of the bills are: 

  • NY S01381: Requires a proposed amendment to the constitution or other question provided by law to be submitted to a statewide vote be submitted to the people for their approval in plain language which is deemed to be no higher than an eighth grade reading level, Sens. Leroy Comrie (D), Robert Jackson (D), Rachel May (D), and James Skoufis (D).
    • “As introduced, this bill requires proposed amendments to the state constitution submitted to the voters at statewide election to be written in plain language at no higher than an eight grade reading level.”
  • NY S00438: Requires electors to vote for the presidential and vice presidential candidate who were nominated by the political party that nominated the presidential elector, Sen. James Skoufis (D).
    • “Requires each elector of the Electoral College in the state to cast their vote for the party nominee, with administration guidelines and penalties and procedures if they do not do so.”
  • NY S00350: Provides that for any legal challenge to the constitutionality of a provision of the election law, venue shall be brought in the following designated court in the judicial department within which at least one plaintiff is located: first judicial department: New York county; second judicial department: Westchester county; third judicial department: Albany county; and fourth judicial department: Erie county, Sen. Robert Jackson (D).
    • “As introduced, this bill:
      • Requires that a challenge regarding the constitutionality of an election law be heard in certain courts where at least one plaintiff is located.
      • Specifies that, for a challenge in any form, such as a cross claim, a defense, a claim, and the like, raised by any party, court proceedings will be held in the judicial department within which at least one plaintiff is located.”
  • NY S05984: Provides for conditional registration of voters during early voting, Sens. Samra Brouk (D), Brian Kavanagh (D), and Rachel May (D).
    • “As amended, this bill:
      • Allows qualified voters to complete voter registration and enroll in a political party at early voting sites. If the registration is deemed valid, the board of election must add the name to the official statewide voter’s roll and also canvass the cast affidavit ballot. 
      • Provides that an affidavit ballot must be counted if a valid voter registration was received at least 10 days before the election. 
      • Specifies an absence of a signature on a registration poll record or computer-generated list of registered voters does not mean the affidavit ballot can be rejected if cast under this process laid out in this act.” 
  • NY A05057: Relates to the dates to file a designating petition; provides for the repeal of such provisions, Assembly Members Stacey Pheffer Amato (D), Alex Bores (D), Edward Braunstein (D), Kenneth Burgos (D), Monique Chandler-Waterman (D), Jeffrey Dinowitz (D), Simcha Eichenstein (D), Edward Gibbs (D), Deborah Glick (D), Jessica Gonzalez-Rojas (D), Rodneyse Bichotte Hermelyn (D), Andrew Hevesi (D), Jonathan Jacobson (D), Anna Kelles (D), Charles Lavine (D), Grace Lee (D), Dana Levenberg (D), Steven Otis (D), Amy Paulin (D), Steven Raga (D), David Rosenthal (D), Nily Rozic (D), Manny De Los Santos (D), Rebecca Seawright (D), Amanda Septimo (D), Gina Sillitti (D), Jo Anne Simon (D), Tony Simone (D), Steve Stern (D), Latrice Walker (D), David Weprin (D), John Zaccaro (D), Karl Brabenec (R), Michael Novakhov (R), and Edward Ra (R).
    • “As amended, this bill requires a designating petition be filed no earlier than the 13th Monday before and no later than the 12th Monday before the primary election. A signature made earlier than 41 days before the last day to file designating petitions for the primary election or a signature made later than the 12th Thursday before the primary election will not be counted.”

From Nov. 13-19, legislators passed six bills related to election administration nationally. As of Nov. 19, Texas legislators have passed the most bills this year with 35, while Alaska, Missouri, New Hampshire, and Pennsylvania legislators have passed the fewest bills with zero. The state with the most enacted bills is Texas with 34, while four states have enacted none.

The New York State Legislature was scheduled to be in regular session from Jan. 4 to June 8 this year. In 2022, New York legislators passed 19 election-related bills, 10 in the state Senate and nine in the state House. All 19 bills were enacted into law. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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