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Schneiderman: ‘Not one single substantiated claim of voter fraud in New York last year’


Schneiderman voting

AG Eric Schneiderman voting


New York Attorney General Eric Schneiderman responded to a congressional inquiry Wednesday, making clear that there was “not one single substantiated claim of voter fraud in New York last year.”

In a letter, addressed to Reps. Elijah Cummings, Robert Brady, and James Clyburn, Schneiderman emphasized the real voting challenges in New York are those that disenfranchise potential voters, rather than the “imaginary problem of voter fraud.”

“New York’s voting system faces many challenges,” Schneiderman wrote, with restrictive laws, rules and procedures, as well as administrative errors, that both legally and illegally disenfranchise New Yorkers seeking to exercise their right to vote.

Schneiderman’s letter came, he wrote, in response to an inquiry from the three members of Congress, all of whom are fellow Democrats, that came in the wake of President Donald Trump’s unsubstantiated claim that 3 to 5 million people voted illegally, costing him the popular vote during the presidential election. Cummings is the top Democrat on the Committee on Oversight and Government Reform; Brady is ranking member, Committee on House Administration; and Clyburn is Assistant Democratic Leader.

In a letter to election officials and attorneys general in all 50 states, the representatives asked for details like the identity of individuals who cast a prohibited vote, the date of the vote, the polling place where the vote was cast, the legal reason for the vote being prohibited, and whether the individual was prosecuted.

Out of the thousands of calls fielded by the Attorney General’s office during the four elections that took place in New York during 2016 (three primary days and one general election day), just two callers alleged voter fraud, according to Schneiderman. The Attorney General’s office investigated one claim and determined the charge was unfounded. The second caller did not provide sufficient information to warrant an investigation in that case.

Furthermore, the New York State Board of Elections has not referred a single allegation related to fraudulent voting during the 2016 elections to the Attorney General for investigation or prosecution, according to Schneiderman. “The lack of such complaints made directly to my office, as well as the absence of referrals from other agencies, leads me to conclude that voter fraud—the act of an ineligible individual casting a vote in an election—is a non-issue, at least in New York State,” he wrote in the letter.

Unsubstantiated claims of voter fraud have erupted on the local and national stages in the past year. In October 2016, Manhattan Board of Elections Commissioner Alan Schulkin came under fire after he was secretly filmed alleging that rampant voter fraud exists in New York City, enabled, in part, by Mayor Bill de Blasio’s municipal identification program (which has no relationship with voting given that New York does not have voter identification laws). Schulkin, a Democrat, also claimed organizations in certain neighborhoods bus voters around between districts to fraudulently win seats, apparently making the case for Republican-backed voter ID laws.

At the time, City Council Speaker Mark-Viverito blasted Schulkin’s claims as “uninformed opinions” with “no basis in fact” while Mayor Bill de Blasio called for his resignation. Democratic Party leaders decided not to reappoint Schulkin after his term ended in December 31, 2016 -- he continues to serve, though, until a replacement is named and confirmed through the City Council.

Trump’s more recent theory that thousands of voters were “bussed in” from Massachusetts to New Hampshire during the presidential election have since been discredited even by the president’s closest aides.

Voter access continues to be a problem given New York’s antiquated electoral system, which has drawn the scorn of many elected officials, advocates, and everyday New Yorkers. In December, the Office of the Attorney General released a comprehensive report detailing the many issues voters faced at the polls during the April 2016 presidential primary election.

Last year, Mayor de Blasio outlined a series of voting reforms he wants to see, including early voting and same-day voter registration.

As he has before, Governor Andrew Cuomo included those measures and others in his 2017 State of the State policy agenda.

Attorney General Schneiderman recently introduced the New York Votes Act, which seeks to address many of these ongoing issues by updating the state’s voting systems through early voting, automatic and same-day registration, consolidated primaries, shortened party registration deadlines, and more. Schneiderman also recently filed suit against the New York City Board of Elections for widespread violations that illegally purged over 200,000 New Yorkers from the voter rolls.

Republicans in the state Senate continue to form the most obvious and entrenched blockade to most of the voting reforms being sought by Cuomo, Schneiderman, and others.

“Our democracy is ailing, with too few eligible citizens registered to vote, too few of those who are registered exercising this fundamental right, and too many states devising methods to suppress the vote, rather than encourage participation in our nation’s elections,” Schneiderman wrote to members of Congress. “We would be happy to work with Congress to solve these problems – many of which persist not only in New York but also in states across the country – rather than seek to address the imaginary problem of voter fraud.”

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

As Con Con Debate Heats Up, Heastie Declares Opposition


Heastie Cuomo

Speaker Heastie, right, & Gov. Cuomo (photo: The Governor's Office)


While it will be several months before the airwaves are flooded with special interest-backed ad campaigns warning of the potential “dangers” of a constitutional convention, in Albany, legislative leaders are beginning to speak out on the issue.

On Saturday, February 18, at Black and Latino Caucus weekend, Assembly Speaker Carl Heastie, a Bronx Democrat, had one message for labor union leaders: make sure your members vote “no” on the upcoming ballot question. This November, New Yorkers will vote on a referendum whether to call a constitutional convention -- an opportunity for the public to “take back state government” and update the antiquated state constitution that occurs once every 20 years.

While a Con Con, as it is often called, would provide a chance for enacting reforms on things like government ethics, term limits for elected officials, modernized voting and voter registration rules, and more, it would open up the entire state constitution to change. To some, including government reform groups and Assembly Minority Leader Brian Kolb, this promises an incredible opportunity. To others, like Heastie, it appears too risky.

Like many state and city elected officials who spoke at Saturday’s labor luncheon, Heastie cited threats to progressive institutions posed by President Donald Trump’s administration as he urged union leaders to oppose the convention.

“We are going to need you to remind people that dangerous things can happen,” said Heastie in his remarks. “There are some very wealthy people who want to open up the constitution and really undo some of the protections for labor. We need your help and cooperation to make sure that doesn't happen.”

If voters approve the convention this November, each of the New York’s 63 state Senate districts will elect three delegates in 2018, triggering a convention for the following year. Any constitutional amendments proposed by a convention would need to be approved by voters before they would take effect.

Heastie’s fear that the convention would be coopted by certain interests has been raised by lawmakers on both sides of the aisle. But while Democrats say a convention could lead to the dismantling of labor and environmental protections by conservative interests, Republicans say they are concerned that New York City’s progressive interest groups would dominate the convention.

Scott Reif, a spokesperson for Republican Senate Majority Leader John Flanagan, said, “The convention could be dominated by New York City special interests, which would be disastrous for Upstate, the Hudson Valley and Long Island.”

Like other lawmakers, Flanagan, of Long Island, has also argued that a constitutional convention would cost millions of dollars at a time when New York has other, more pressing needs, and it is unlikely to produce much change.

Flanagan’s position stands in sharp contrast to that of Assembly Minority Leader Kolb, an Upstate Republican who has been on the front lines advocating for a Con Con, and the reforms it might bring, since 2011. In a column earlier this month, Kolb once again laid out the case for a convention, and urged voters to consider a “yes” vote.

“Voter empowerment is part of the very fabric of who we are as a nation,” he wrote. “There is no more effective way to engage the public than a Constitutional Convention, and there is no place that needs it more than Albany.”

The Assembly member -- who said he is interested in seeing the elimination of backdoor borrowing and term limits enacted in both houses, among other changes --- has spent the last five years campaigning with Con Con advocates like SUNY New Paltz professor Gerald Benjamin and government reform activist Bill Samuels, participating in countless town halls and panel discussions to help get the word out.

“Those who like the way things are, whether it’s the legislature or special interest groups, they’re going to be adamantly opposed to this and that’s just the nature of the beast,” said Kolb. “But people work on fear and people say ‘the sky is falling!’ But it’s all predicated on establishing doubt that it could be worse than what they already have.”

Former State Assembly Ways & Means Chair Arthur “Jerry” Kremer, in a new book analyzing the potential costs and benefits of a convention, writes that in 100 years, only six amendments have been made through the convention and 200 have resulted from individual constitutional amendments. A constitutional amendment requires passage by two consecutive classes of the state Legislature, followed by voter ballot approval the following Election Day.

The last time a constitutional convention was called, in 1967, few changes were made and all those that were introduced were ultimately rejected by the voters. This occurred, at least in part, because many of the Con Con delegates were also elected officials, Kolb says.

While it is against the constitution to prohibit anyone from running as a delegate, Kolb has introduced a bill that would require any elected convention delegate holding political office or certified as a lobbyist to step down from the other positions to serve in that role. “I think that really strengthens a grassroots approach with the delegate selection process,” said Kolb.

Kolb’s concern about the makeup of the delegates is shared by many, including some prominent Democrats, like Governor Andrew Cuomo, as well as government reform groups.

Since his 2010 gubernatorial campaign, Gov. Cuomo has continued to express support for a convention, but, unlike last year, the issue was notably absent from his 2017 State of the State policy book and his executive budget. However, the governor did propose several reforms, including the codification of Roe v. Wade, same-day voter registration, and limitations on legislators’ outside income, which he says could be done through constitutional amendment. Cuomo has also indicated that a Con Con may be the only way to enact comprehensive campaign finance reform while Republicans continue to control the state Senate.

During a recent meeting with The Daily News editorial board, the governor waffled slightly on his previous position, saying that he conceptually supports the idea of a constitutional convention, but “you have to find a way where the delegates do not wind up being the same legislators who you are trying to change the rules on. I have not heard a plan that does that."

Even Democratic legislators that are focused on government reform, such as Assemblymember Robert Carroll, newly elected from Brooklyn, and Manhattan Assemblymember Brian Kavanagh, have said they are concerned with the delegate selection process, which allows the representatives to be determined based on heavily gerrymandered Senate districts. As a result, reformers fear that that some Republicans might dominate the convention and do away with labor and environmental protections.

Not all Democrats are opposed to the constitutional convention. Senator Michael Gianaris, a Queens Democrat and longtime advocate for government ethics reform, pushed for a “yes” vote in a June 2016 interview with Effective New York, the think tank founded by Samuels.

“We are in such need of dramatic change in the state that a convention would be a great way to kind of turn the whole thing over and start fresh,” said Gianaris, who also leads the Senate Democrats’ campaign efforts. “It would involve real redistricting reform as opposed to the thing we enacted that won’t achieve the goals we all wanted of a truly independent process. Ethics reforms, including a full-time legislature, pension forfeiture for those convicted of crimes. The list is not short of the things we can do.

Senate Minority Leader Andrea Stewart-Cousins has hesitated to take a formal position on the issue, and did not respond to a request for comment.

The Independent Democratic Conference (IDC) -- a breakaway group of Senate Democrats that has formed a ruling coalition with Senate Republicans -- came out against the convention earlier this month, citing concerns for labor protections.

Kolb says he’s not worried about how a convention might play out. Regardless of which amendments the delegates propose, the decision would ultimately return to the voters.

“In the end, when I talk to people about it I say, ‘Is New York State working for you?’ And if your hand is up, then you probably won’t vote for the convention,” said Kolb. “But if you think New York State could be better, run more efficiently, run more cost effectively, answer to the people it represents, then here’s an opportunity to see it change.”

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

The Week Ahead in New York Politics, February 20


640px New York City Hall

New York City Hall


What to watch for this week in New York politics:

As usual, the Presidents' Day week will be a slow one as both the New York City Council and the state Legislature will be on break. Over the weekend, however, elected officials were busy in Albany, as the Legislature's Black, Latino, and Asian Caucus held its annual Caucus Weekend celebration and conference. The event had a distinctly anti-Donald Trump flavor to it, with dozens of speeches critical of the new administration in Washington. New York City electeds, including Mayor Bill de Blasio and Public Advocate Letitia James, were in attendance.     

In New York City on Sunday, thousands gathered at a rally led by hip-hop mogul Russell Simmons in Times Square, under the banner, "Today, I am a Muslim too," to protest President Trump's immigration policies and his executive order that sought to ban immigration from seven Muslim-majority countries. The rally was organized by the Foundation for Ethnic Understanding, and featured faith leaders and activists from the city. Mayor de Blasio also addresses the crowds.

The mayor has no events scheduled for Monday but he will make his weekly appearance at 7.pm. on NY1's Road to City Hall, hosted by anchor Errol Louis. 

Even with the two main legislative bodies on a break, there are several events to be aware of this week - read our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday
Schedules are largely clear for Presidents' Day.

At 7 p.m. Monday, Mayor de Blasio will appear on NY1's Road to City Hall.

Tuesday
At 8 a.m. on Tuesday, City & State NY will hold “NY State of Finance.” This event will be “an educational day with the City and State’s finance experts, policy leaders responsible for expense, cost, investment and fiscal challenges in government.” This day will include five Power Panels on security, health care, infrastructure pension funds and nonprofits. New York City Comptroller Scott Stringer will be the Keynote Speaker.

At 10:30 a.m., Mayor de Blasio will host a press conference on "the future of the Administration for Children's Services." The mayor is expected to announce his new pick to head the agency. 

At 11:15 a.m. Tuesday at City Hall, Republican mayoral candidate Paul Massey will "expose" Mayor de Blasio's "historic network of corruption" during a press conference.

At 11:30 a.m. on Tuesday, Comptroller Stringer will host a press conference "regarding major investor opposition to discriminatory Texas Bathroom Bill." 

At noon Tuesday, "students and community groups including Urban Youth Collaborative (Future of Tomorrow, Make the Road New York, Sistas and Brothas United), Desis Rising Up and Moving, The Point, Girls for Gender Equity, and Rockaway Youth Task Force along with Councilmember Antonio Reynoso will convene in front of City Hall to protest the unrelenting over-policing of students of color in New York City."

At 1 p.m. Tuesday at City Hall, "Council Member Rory Lancman will hold a press conference along with representatives of lawyers organizations to identify specific actions Mayor de Blasio must take to protect Immigrant New Yorkers from possible deportation under Donald Trump, particularly treating fare evasion as a civil, rather than criminal, offense, as Councilman Lancman demanded in a letter to the Mayor on January 26, 2017." Participants will include Lancman, New York Civil Liberties Union (NYCLU), The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, and others.

At 1 p.m. on Tuesday, the NYC City Planning Commission will hold a review session at Spector Hall, at 22 Reade St in Manhattan.

At 5 p.m. on Tuesday, Senator George Latimer and Assemblywoman Shelley Mayer will hold a Community Budget Hearing at the Grinton I. Will Library Auditorium in Yonkers regarding the 2017-18 NYS budget.

At 7 p.m. Tuesday, Mayor de Blasio and Council Member Andrew Cohen will participate in a town hall at In-Tech Academy in the Bronx.  

Public Advocate Letitia James has three events scheduled for Tuesday - 

  • At 6:30 p.m., she will co-host "Bystander Intervention Training" with Assemblymember Daniel O'Donnell.
  • At 7:30 p.m. she will deliver remarks at the full board meeting of Manhattan Community Board 11.
  • At 9:00 p.m., she will speak at the Queens Village Civic Association general meeting.

Wednesday
At the State Assembly on Wednesday:

  • The Assembly Committees on Health, Aging, and Labor, and the Task Force on People with Disabilities, will meet at 11 a.m. in the Assembly Hearing Room in NYC to conduct a public hearing to “examine the growing need for home care and personal care, and to examine the obstacles to recruiting, employing, and retaining an adequate home care workforce.”

At 10 a.m. on Wednesday, the NYC City Planning Commission will hold a public meeting at Spector Hall, 22 Reade St.

At 2 p.m. on Wednesday, a public hearing regarding several revocable consent notices will take place at the Department of Transportation, at 55 Water St in Manhattan.

At 6 p.m. on Wednesday, the Manhattan Institute will host “Realignment: Will America Forge a New Political Consensus,” featuring George Mason University School of Law professor F.H. Buckley, Weekly Standard editor Bill Kristol, National Review editor Rich Lowry, and others. The panel will discuss whether “the inauguration of President Trump and an insurgent Republican administration marks the beginning of a fundamental political and social realignment.”

At 6:30 p.m. Wednesday, NY Indivisible, the local chapter of Indivisible, in partnership with the New York Society for Ethical Culture, "will be hosting a town hall in Manhattan to discuss how the average citizen can hold elected officials accountable to protecting the freedoms outlined in the Constitution and Bill of Rights, and to support legislators at all levels of government who value country over party."

At 7:30 p.m. on Wednesday, Temple Emanu-el will host former Vice President Al Gore for a talk on the future of climate change policy.

Thursday
At 10 am on Thursday, the MTA will hold a board meeting at the MTA Boardroom, 2 Broadway, 20th Floor, Manhattan.

At 11:30 a.m. on Thursday, Bronx Borough President Ruben Diaz, Jr. will deliver his “State of the Borough Address.” This will be held at John F. Kennedy High School, which is at 99 Terrace View Avenue in The Bronx. People can RSVP through this link.

At noon on Thursday, the New York City Bar will host “Over the Rainbow: Ending Mass Incarceration - Fewer Inmates and Better Prisons,” featuring Pace University School of Law’s David Yassky and Michael Mushlin. This event was originally scheduled for February 9 but was rescheduled due to snow.

"Gramercy Stuyvesant Independent Democrats, in coordination with Coalition for a District Alternative (CoDA), Downtown Independent Democrats, Eleanor Roosevelt Democratic Club, Manhattan Young Democrats, New York Progressive Action Network and Village Independent Democrats, will hold “Election Reform: Elections Don't Have To Be Like This!” on Thursday, February 23, 2017 at 7:30pm at the Seafarers International House located at 123 E 15th St in Manhattan." Panelists: Assemblymember Brian Kavanagh; Lourdes Rosado, Chief, Civil Rights Bureau at the Office of the Attorney General; Michael J. Ryan, Executive Director, New York City Board of Elections; Sarah Steiner, Election Lawyer; former Chair of the Election Law Committee of the New York City Bar.

Friday and the weekend
No events on our radar as of Monday, but Mayor de Blasio is expected to make his weekly Friday morning appearance on WNYC's The Brian Lehrer Show at 10 a.m.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Benjamin Brachfeld and Samar Khurshid



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