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New York Court of Appeals issues four opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:25 PM

The New York Court of Appeals issued four opinions from March 20-26. As of March 26, the court issued 17 opinions in 2023 — eight fewer than this point a year ago. Three of four opinions are below:

  • People v. Ba, where the court remitted a case to the appellate court to review whether the defendant’s sentence was unduly harsh or severe. The defendant pleaded guilty to one count of unlicensed general vending. 
  • People v. Baldwin, where the court dismissed an appeal because the issue had become moot. The issue was whether “the Third Department has imposed an erroneous legal standard on criminal defendants seeking a reduction of their sentences in the interest of justice.”
  • Henry v. New Jersey Transit Corp., where the court dismissed an appeal from the New Jersey Transit Corporation (NJT), as NJT failed to preserve its interstate sovereign immunity defense by not bringing it before the trial court.

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The State of New York Court of Appeals is the state’s court of last resort and has seven judgeships. The current acting chief of the court is Anthony Cannataro. The court issued 85 opinions in 2022 and 69 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Governor Kathy Hochul (D) issues one executive order from March 20-26

By Mercedes Yanora
In State
March 29, 2023 at 9:52 PM

New York Gov. Kathy Hochul (D) issued one executive order from March 20-26. As of March 26, Hochul has issued 10 executive orders in 2023 — five fewer than she did at this point a year ago. The order is:

  • Executive Order 4.19, where the governor continued the declaration of a statewide disaster emergency due to healthcare staffing shortages.

Governors use executive orders to manage executive branch operations. During the week of March 20-26, the nation’s governors issued 20 executive orders. Florida Gov. Ron DeSantis (R) issued the most with six. Governors in 38 states issued the fewest with zero. Democratic governors issued five of the 20 orders, while Republican governors issued 15.

Hochul has served as governor since Aug. 24, 2021. She issued 64 executive orders in 2022 and 25 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 369 executive orders in 2023. Republican governors issued 229, while Democratic governors issued 140. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Election legislation roundup: New York State Senate

By Mercedes Yanora
In State
March 29, 2023 at 8:29 PM

As of March 26, Ballotpedia has tracked 125 election-related bills in the New York State Senate since the beginning of the year. Of the 125, Ballotpedia tracked one from March 20-26. Democrats sponsored the bill. The bill is:   

  • NY S05818: Relates to the dates to file a designating petition; provides for the repeal of such provisions, Sen. Zellnor Myrie (D).
    • As introduced, this bill establishes that in 2023, petitions must be filed between the 12th and 13th Monday before a primary election. It also prohibits counting signatures given earlier than 41 days before the 13th Monday.

During the week of March 20-26, Ballotpedia tracked 50 Senate election-related bills nationally. As of March 26, Ballotpedia has tracked 770 Senate bills nationally. Ballotpedia tracked the most Senate bills this year in the New York State Senate with 125, while Ballotpedia tracked the fewest Senate bills in Louisiana and Massachusetts with zero. Republicans sponsored 367 of these bills, while Democrats sponsored 311. Minor party sponsorship and bills with no sponsors accounted for 67 bills, while bipartisan legislators sponsored 25. 

As of March 26, Ballotpedia has tracked 382 Senate bills in Democratic trifectas and 301 Senate bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 87 Senate bills in states where neither party holds trifecta control.

The New York Senate is scheduled to be in session from Jan. 4 to June 8 this year. In 2022, Ballotpedia tracked 190 Senate bills related to election administration. Ten of these bills passed both chambers and eight were enacted into law. New York is a Democratic trifecta. 

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Governor Kathy Hochul (D) issues two executive orders from March 13-19

By Mercedes Yanora
In State
March 23, 2023 at 10:18 PM

New York Gov. Kathy Hochul (D) issued two executive orders from March 13-19. As of March 19, Hochul has issued nine executive orders in 2023 — five fewer than she did at this point a year ago.

  • Executive Order 27, where the governor declared a state disaster emergency for 37 counties affected by a winter storm.
  • Executive Order 3.18, where the governor extended a state disaster emergency due to gun violence.

Governors use executive orders to manage executive branch operations. During the week of March 13-19, the nation’s governors issued 25 executive orders. Florida Gov. Ron DeSantis (R) issued the most with nine. Governors in 39 states issued the fewest with zero. Democratic governors issued 13 of the 25 orders, while Republican governors issued 12.

Hochul has served as governor since Aug. 24, 2021. She issued 64 executive orders in 2022 and 25 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 345 executive orders in 2023. Republican governors issued 210, while Democratic governors issued 135. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Election legislation roundup: New York State Senate

By Mercedes Yanora
In State
March 23, 2023 at 7:50 PM

As of March 19, Ballotpedia has tracked 124 election-related bills in the New York State Senate since the beginning of the year. Of the 124, Ballotpedia tracked four from March 13-19. Democrats sponsored all four. The four bills are:

  • NY S04597: Excludes indebtedness for the construction of sewage facilities contracted prior to 2034 in determining current local debt limitation, Sen. Monica Martinez (D).
  • NY S05729: Authorizes electronic submission of absentee ballots, Sen. Brad Hoylman (D).
  • NY S05693: Provides that whenever a contiguous property of a college or university contains three hundred or more registrants, the polling place designated for such election district shall be on such contiguous property or at a location approved by the college or university, Sens. Neil Breslin (D), Michael Gianaris (D), Andrew Gounardes (D), John Liu (D), Rachel May (D), Zellnor Myrie (D), Kevin Parker (D), Roxanne Persaud (D), and Toby Stavisky (D).
    • As introduced, this bill provides that when there is a property contiguous to a college or university, with 300 or more voters registered at the property, the college or university will approve a designated early voting polling location on the site.
  • NY S05677: Relates to an electronically submitted absentee ballot application, Sen. James Sanders (D).
    • Requires the board of elections to accept absentee ballot delivery, military ballot applications, and special federal ballot applications by fax machine, as an email attachment, [or] through an online filing system.
    • Requires the online filing system to be created by the state board of elections.
    • Requires the website for each board of elections to advertise the email address, website address, and fax number to return absentee ballots.
    • Specifies that applications received outside of normal business hours will be deemed as received the next day.
    • Allows for electronic signature on the absentee ballots.
    • Specifies that military ballot applications and special federal ballot applications sent by fax, email, and the online portal are considered the original application and the original copy does not need to also be mailed.

During the week of March 13-19, Ballotpedia tracked 61 Senate election-related bills nationally. As of March 19, Ballotpedia has tracked 720 Senate bills nationally. Ballotpedia tracked the most Senate bills this year in the New York State Senate with 124, while Ballotpedia tracked the fewest Senate bills in Louisiana and Massachusetts with zero. Republicans sponsored 331 of these bills, while Democrats sponsored 302. Third party sponsorship and bills with no sponsors accounted for 63 bills, while bipartisan legislators sponsored 24. 

As of March 19, Ballotpedia has tracked 376 Senate bills in Democratic trifectas and 265 Senate bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 79 Senate bills in states where neither party holds trifecta control.

The New York Senate is scheduled to be in session from Jan. 4 to June 8 this year. In 2022, Ballotpedia tracked 190 Senate bills related to election administration. Ten of these bills passed both chambers and eight were enacted into law. New York is a Democratic trifecta.

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Election legislation roundup: New York State Assembly

By Mercedes Yanora
In State
March 23, 2023 at 6:11 PM

As of March 19, Ballotpedia has tracked 138 election-related bills in the New York State Assembly since the beginning of the year. Of the 138, Ballotpedia tracked three from March 13-19. Republicans sponsored two, while Democrats sponsored one. The three bills are:

  • NY A05494: Requires the county seat in Delaware county (Delhi) to have at least one polling place designated for early voting, Assembly Member Joe Angelino (R).
    • As introduced, this bill designates at least one early voting polling place in Delaware County, on a public transportation route, if possible.
  • NY A05473: Requires funeral directors to ensure that death certificates are delivered to the state health department and the department of health of the city of New York who shall in turn deliver certain certificates to the state board of elections, Assembly Member Doug Smith (R).
    • As introduced, this bill requires all funeral directors to deliver death certificates to the state health department and for each county board of elections to ensure that any deceased voter is promptly removed from the voter registration list. This bill also makes conforming changes.
  • NY A05477: Exempts income earned working at the polls from the definition of income, Assembly Members William Colton (D), Inez Dickens (D), Edward Gibbs (D), Deborah Glick (D), Aileen Gunther (D), Jonathan Jacobson (D), John McDonald (D), Phil Ramos (D), Gina Sillitti (D), Phillip Steck (D), Steve Stern (D), and Monica Wallace (D).
    • As introduced, this bill exempts income earned by election inspectors, poll clerks, and election coordinators working on elections from the definition of “income” related to gross income for federal income tax purposes.

During the week of March 13-19, Ballotpedia tracked 92 House election-related bills nationally. As of March 19, Ballotpedia has tracked 1,059 House bills nationally. Ballotpedia tracked the most House bills this year in the New York State Assembly with 138, while Ballotpedia tracked the fewest House bills in the Massachusetts House of Representatives with zero. Republicans sponsored 491 of these bills, while Democrats sponsored 430. Third party sponsorship and bills with no sponsors accounted for 74 bills, while bipartisan legislators sponsored 64. 

As of March 19, Ballotpedia has tracked 561 House bills in Democratic trifectas and 392 House bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 106 House bills in states where neither party holds trifecta control.

The New York House is scheduled to be in session from Jan. 4 to June 8 this year. In 2022, Ballotpedia tracked 226 House bills related to election administration. Seven of these bills passed both chambers and five were enacted into law. New York is a Democratic trifecta.

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New York Court of Appeals issues four opinions from March 13-19

By Mercedes Yanora
In State
March 23, 2023 at 5:27 AM

The New York Court of Appeals issued four opinions from March 13-19. As of March 19, the court issued 13 opinions in 2023 — seven fewer than this point a year ago. The four opinions are below:

  • Lemieux v. Horn, where the court affirmed the appellate division’s ruling that “the defendant established prima facie entitlement to summary judgment and plaintiff failed to raise a triable issue of fact whether he suffered a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident.” 
  • People v. Regan, where the court reversed a defendant’s conviction of rape in the first degree because the defendant’s constitutional right to prompt prosecution was violated.
  • People v. Guerra, where the court affirmed a lower court’s ruling that the victim’s prior violent acts could not be submitted to the jury as evidence of initial aggression.
  • Casey v. Whitehouse Estates, Inc., where “the order of the Appellate Division insofar as appealed from should be reversed, with costs, plaintiffs’ motion insofar as it sought summary judgment declaring that their legal regulated rent should be calculated according to the Rent Stabilization Code’s default formula denied, the case remitted to Supreme Court for further proceedings in accordance with this memorandum, and the certified question answered in the negative.”

From March 13-19, state supreme courts issued 142 opinions nationally. The Hawaii Supreme Court issued the most with 25. State supreme courts in 18 states issued the fewest with zero. Courts where judges are elected have issued 68 opinions, while courts whose members are appointed have issued 74. 

The State of New York Court of Appeals is the state’s court of last resort and has seven judgeships. The current acting chief of the court is Anthony Cannataro. The court issued 85 opinions in 2022 and 69 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,366 opinions in 2023. Courts where judges are elected have issued 729 opinions, while courts whose members are appointed have issued 637. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Election legislation roundup: New York State Assembly

By Mercedes Yanora
In State
March 20, 2023 at 2:19 AM

As of March 12, Ballotpedia has tracked 135 election-related bills in the New York State Assembly  since the beginning of the year. Of the 135, Ballotpedia tracked seven from March 6-12. Democrats sponsored two, while Republicans sponsored four. A bipartisan group of legislators sponsored one bill. The seven bills are:   

  • NY A05280: Authorizes electronic submission of absentee ballots, Assembly Member Harvey Epstein (D). 
  • NY A05292: Relates to the number of signatures needed on certain designating petitions and independent nominations for town council districts, Assembly Members Gina Silletti (D) and Harvey Epstein (D).
  • NY A05271: Authorizes the governing body or agency of a public school building to reject a designation as a polling place or an early polling place, Assembly Member Michael Norris (R).
  • NY A05277: Relates to the notification of county boards of elections of an individual’s death and the subsequent removal of such voter’s name from the applicable registration roll, Assembly Member Edward Flood (R).
  • NY A05293: Changes the early voting period for general, primary, run-off primary and special elections for public office or party position; maintains the current early voting period for general elections in a year in which electors of president and vice president of the United States are to be elected, Assembly Member Michael Norris (R).
  • NY A05087: Requires the county seat in Steuben county to have at least one polling place designated for early voting, Assembly Member Philip Palmesano (R).
    • As introduced, this bill requires the county seat of Steuben County to have at least one polling place designated for early voting.
  • 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), Monique Chandler-Waterman (D), Jeffrey Dinowitz (D), Simcha Eichenstein (D), Edward Gibbs (D), Jessica Gonzalez-Rojas (D), Rodneyse Bichotte Hermelyn (D), Andrew Hevesi (D), Anna Kelles (D), Charles Lavine (D), Grace Lee (D), Dana Levenberg (D), Amy Paulin (D), Steven Raga (D), David Rosenthal (D), Nily Rozic (D), Rebecca Seawright (D), Amanda Septimo (D), Tony Simone (D), Steve Stern (D), Latrice Walker (D), David Weprin (D), John Zaccaro (D), and Edward Ra (R).
    • As introduced, this bill requires a designating petition be filed no earlier than the Wednesday before and no later than the Monday before the primary election.

During the week of March 6-12, Ballotpedia tracked 45 House election-related bills nationally. As of March 12, Ballotpedia has tracked 990 House bills nationally. Ballotpedia tracked the most House bills this year in the New York State Assembly with 135, while Ballotpedia tracked the fewest House bills in Louisiana, Massachusetts, and Pennsylvania with zero. 

As of March 12, Ballotpedia has tracked 557 House bills in Democratic trifectas and 335 House bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 98 House bills in states where neither party holds trifecta control. 

The New York House is scheduled to be in session from Jan. 4 to June 8 this year. In 2022, Ballotpedia tracked 226 House bills related to election administration. Seven of these bills passed both chambers and five were enacted into law. New York is a Democratic trifecta.

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Election legislation roundup: New York State Senate

By Mercedes Yanora
In State
March 20, 2023 at 1:50 AM

As of March 12, Ballotpedia has tracked 120 election-related bills in the New York State Senate since the beginning of the year. Of the 120, Ballotpedia tracked three from March 6-12. Democrats sponsored all three bills. The three bills are:   

  • NY S05392: Improves transparency regarding boards of elections; improves voter centricity; includes boards of elections in open meetings requirements; requires certain notices be given regarding elections; requires additional transparency during the tabulation of votes, Sen. Peter Harckham (D). 
  • NY S05546: Provides that the police commissioner of the city of New York and all other cities with a population of one hundred thousand or more shall be an elected office with a four-year term; provides that such office shall be subject to term limits of two terms, Sen. Leroy Comrie (D). 
  • NY S05547: Provides voters an opportunity to cure deficiencies regarding affidavit ballots in order to have their votes counted, Sen. Leroy Comrie (D). 

During the week of March 6-12, Ballotpedia tracked 27 Senate election-related bills nationally. As of March 12, Ballotpedia has tracked 659 Senate bills nationally. Ballotpedia tracked the most Senate bills this year in the New York State Senate with 120, while Ballotpedia tracked the fewest Senate bills in Louisiana, Massachusetts, and West Virginia with zero.  

As of March 12, Ballotpedia has tracked 356 Senate bills in Democratic trifectas and 230 Senate bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 73 Senate bills in states where neither party holds trifecta control.

The New York Senate is scheduled to be in session from Jan. 4 to June 8 this year. In 2022, Ballotpedia tracked 190 Senate bills related to election administration. Ten of these bills passed both chambers and eight were enacted into law. New York is a Democratic trifecta. 

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Governor Kathy Hochul (D) issues one executive order from Feb. 27-March 5

By Mercedes Yanora
In State
March 12, 2023 at 1:52 PM

New York Gov. Kathy Hochul (D) issued one executive order from Feb. 27-March 5. As of March 5, Hochul has issued seven executive orders in 2023—three fewer than she did at this point a year ago.

Governors use executive orders to manage executive branch operations. During the week of Feb. 27-March 5, the nation’s governors issued 16 executive orders. Georgia Gov. Brian Kemp (R) issued the most with four. Governors in 40 states issued the fewest orders with zero. Democratic governors issued five of the 16 orders, while Republican governors issued 11.

Hochul has served as governor since Aug. 24, 2021. She issued 64 executive orders in 2022 and 25 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 290 executive orders in 2023. Republican governors issued 196, while Democratic governors issued 94. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.