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Opinion

Fix New York’s Broken Balloting and Election Laws


voting booths polling place

(photo: Gotham Gazette)


On Tuesday millions of New Yorkers attempted to exercise their constitutional right to vote. However, far too many in New York City were met with broken ballot scanners and hours-long lines that stretched for blocks in the pouring rain. It is encouraging to see so many citizens making the time and effort to vote, but incredibly disheartening to see our broken election system failing them.

With the impending arrival of the long-awaited trifecta of Democratic leadership in New York State (Democratic Governor, Senate and Assembly) alongside reform-minded allies in New York City government, fixing our archaic and ineffective electoral process should be the first order of business once the new Legislature is seated in January.

At polling sites across New York City there were reports of at least one – and sometimes all – ballot scanners malfunctioning. Thousands of voters braved hours of waiting and confusion just to fill out unscanned emergency ballots. Even in places where some of the scanners did work (such as the paltry two at my polling place in Boerum Hill, Brooklyn), poll sites and workers seemed overwhelmed by the dramatic turnout -- which still wasn’t even at 40% in the city or anywhere near presidential election levels.

We will never know how many voters gave up on the long lines and didn’t vote, or what the chilling effect may be on future turnout. The initial response from the Board of Elections on the scanner malfunctions is that soggy or imperfectly torn ballots jammed the machines. Aren’t these issues we could -- and should -- have prepared for? Regardless of the merit of these questionable excuses, the bigger issue is clear: our current election systems are incapable of meeting the needs of our electorate.

It’s not just machines and preparation.

New York trails other states across the board in voting laws and procedures. One of the main reasons for the problems this past Tuesday is that poll sites were simply overwhelmed by the sheer numbers of voters attempting to vote on a single day – there weren’t enough poll workers or scanners. This is why 37 other states have enacted some form of early voting, which expands the eligible voting period. This both lessens the logjam on a single day and has the added benefit of giving voters more flexibility. It also can help flag issues like machine jams due to two-page ballots.

Early voting in other states over the past few weeks saw a surge in young and first-time voters, the same voters who may have given up on voting Tuesday or have already become jaded by the experience.

Relatedly, New York is the only state in the entire nation which holds its state and federal primaries on separate days, which is incredibly confusing for the average voter and fiscally wasteful. With the additional $25 million or so spent on having a second primary day, New York could make great strides towards enacting early voting. New York also holds “closed” (party-based) primaries with the earliest party registration deadlines in the nation, which caused an uproar in the last presidential election. Where other states have enacted additional pro-voter participation features such as same-day registration and pre-registration for 16- and 17-year-olds, New York continues to fall further and further behind. These policy shortcomings are compounded by additional confusion such as the Brooklyn “voter purge” in 2016 and the more recent 400,000 person “inactive voter” misfire just last month. Our elected leaders at the city and state levels must take a close look at both our laws and the Board of Elections.

With all of these issues, it is truly amazing how many voters turned up on Tuesday in a state with such a dismal record. New York State has the fourth most registered voters of any state in the nation, but had the eighth worst turnout in the 2016 presidential election. Imagine how many people might vote if they had an extra day (or several) to do so, if the lines were shorter, and if they could count on ballot scanners working.

It is time for New York City and State to finally make strides on voting access and ease and catch up with the rest of the nation. Our democracy depends on it.

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Jamie Ansorge is an Attorney at Cozen O’Conner, Executive Board Member of the New Leaders Council NYC Chapter, and Co-Chair of the Democratic National Committee (DNC) Young Professional Leadership Council. On Twitter @AnsorgeNYC.

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