Voter registration (photo: Michael Appleton/Mayoral Photography Office)
A bill that would have made it possible for many thousands of New York City residents to register to vote online, which passed the State Senate but stalled in the Assembly earlier this year, is unlikely to pass before the general election registration deadline and would be too late to be implemented even if it did, officials say.
The legislation, first introduced in the summer of 2019, would allow the New York City Campaign Finance Board to open the online voter registration portal it created last year, pursuant to city law, which was blocked by the New York City Board of Elections, citing technical barriers in state law. After a chaotic primary season, the bill was passed by the State Senate's Democratic majority as part of a package of voting reforms, but was held in committee in the Assembly.
Assembly Member Charles Lavine, a Nassau County Democrat and chair of the chamber's election law committee, said the chances of lawmakers coming back into session before the general election was unlikely and the prospect of them taking up online voter registration in New York City was "very, very slim."
"This was something that came through the Senate very, very late, I think in late July and at that point the Assembly was primarily focused on a bill Latrice Walker had for statewide automatic voter registration," Lavine said, referring to legislation that would require some government agencies to register their clients starting in 2023, a form of which voting reform advocates have pushed for years.
"We still are considering this particular bill, however the likelihood of it being passed in time to make any meaningful difference, any difference whatsoever, this year is not likely," he said of online registration. Assembly Speaker Carl Heastie's office and Assemblymember Michael Blake, the bill's sponsor, did not respond to requests for comment on the status of the bill and why it hasn't advanced.
Lavine says it's unclear whether Heastie will call the body back into session before the election. "If we do go back to session, in all likelihood we'll be very preoccupied with issues involving state spending," he said, citing uncertainty around additional federal aid and referring to the state’s immense budget hole due to a massive drop in tax revenue because of the covid-related shutdown.
Matthew Sollars, a spokesperson for the Campaign Finance Board, told Gotham Gazette that at this late stage the portal would not be ready to launch by the October 9 registration deadline to vote in the general election. Early voting is set to occur October 24 through November 1, Election Day is November 3, and every eligible New Yorker is allowed to vote by absentee ballot due to coronavirus concerns.
With the presidency, state, and local offices on the ballot, the fall election is expected to shatter turnout records. State administrators are anticipating turnout to reach 8 million -- nearly three-quarters of the total registered population in a state that regularly lags behind national turnout rates.
The online voter registration bill would let New York City residents register via a Campaign Finance Board website until the state launches its own portal for all New York State residents, which was originally slated for April 2021. But one state election commissioner told Gotham Gazette that work on the state portal had been temporarily delayed due to fiscal belt-tightening, which could mean New York City residents will lack online registration through the consequential mayoral and other city government primaries in June 2021.
Voter registration has long faltered in New York City and State, where election rules are antiquated and cumbersome, and avenues to get on the rolls are limited. But in the first ten weeks of 2020, registration at both the city and state levels exceeded 2016 figures. Then the pandemic hit New York.
In mid-March, around the time Governor Andrew Cuomo and Mayor Bill de Blasio declared states of emergency, the rate of registrations dropped significantly, falling below 2016 levels. By June, only about 80,000 New York City residents registered to vote, compared with 155,000 in the first half of 2016, according to the Campaign Finance Board. The divide between New York City and the rest of the state also widened during the pandemic, with new registrants outside of New York City surpassing 140,000 by June.
In 2017, the New York City Council passed a law mandating the development of an online voter registration system that would transmit a voter's information electronically to the BOE. The portal was developed by the city's Campaign Finance Board and ready to launch in 2019, but the BOE said the system, which allowed for only an electronic signature, violated the state's signature stipulations.
In June 2019, the BOE voted to require that people who register through the portal be mailed a separate form that they would have to sign and send back. Good government groups decried the decision, saying it made the city's online voter registration more complicated, not less. Since the decision, the Campaign Finance Board and voting advocates have been pushing legislators to pass the state bill authorizing the city's portal.
"We urge our state leadership to protect our democracy during this emergency by establishing an online voter registration system that all New Yorkers can access,” said Amy Loprest, executive director of the New York City Campaign Finance Board, in a statement on March 31. “With in-person voter registration events shut down, we are concerned that young voters and naturalized citizens, in particular, will be disenfranchised during this critical election year.”
The state law to create statewide online registration by 2021, passed before the BOE ruling and did not address the city's problem.
Currently, the only online voter registration in the state is through the Department of Motor Vehicles and requires a driver's license or other DMV-issued ID. In New York City, where public transportation options are abundant, DMV registrations accounted for only one in ten voter registration forms received by the Board of Elections, according to the Campaign Finance Board's annual election report in 2018.
More than 700,000 eligible New York City residents do not have a state driver's license or other DMV identification, according to a CFB spokesperson, who pointed out that over 430,000 young people (ages 18-29) qualify to be registered but are not.
"This was a bill that I think would have been really good to have passed earlier in the year and signed into law," said State Senator Zellnor Myrie, a Brooklyn Democrat, the bill's Senate sponsor, and Lavine's elections chair counterpart in the Legislature’s upper chamber, in a recent interview. "It would have been really helpful for us to give New Yorkers the option to register online, particularly when we have a system that is ready to go."
"It’s frustrating to know that an already created portal to allow New York City residents to register to vote online is waiting for the green light from the legislature at a time when enrollment has dropped significantly from where it was in prior presidential election years," wrote Jennifer Wilson, deputy director of the New York State League of Women Voters, a good government group, in an email.
Lavine said a number of obstacles prevented the bill from passing this year with its Senate companion, including the BOE's own limitations.
"We had staff members who had reached out to the city Board of Elections and they were preoccupied with trying to get ready for the November general election, which is understandable," Lavine said.
"No comment," wrote BOE spokesperson Valerie Vazquez in an email.
"Generally speaking, a lot of bills that concern the city Board of Elections will come from the city Board of Elections, which is not to say that this not a good idea, it is a good idea but it is still being analyzed," Lavine said.
Lavine also blamed cultural differences between the Senate and Assembly that give individual senators greater autonomy from the majority leader. "It is much easier for senators in the majority to get those passed. In the Assembly we have to take into consideration the fact that there are on any given day close to 110 members of the Assembly who are in the majority party. While in the Senate, we have 37 or 38 senators in the majority. Senate staff is allocated primarily to senators and in the Assembly we have a much stronger central staff, so it's a differently balanced system and has been for as long as I've been in the Assembly."
"This is how it goes sometimes. I'm going to continue to push and my hope is that we can get it across the finish line," Myrie told Gotham Gazette.
Even with citywide online voter registration off the table for the presidential election, the system could still be in place for next year's elections for mayor and other city offices. According to State Board of Elections Co-Chair Douglas Kellner, work on the state's online registration portal, which was slated to be up and running by April, had been paused for over four months due to budget cuts in response to New York's fiscal crisis.
"The funding had been suspended by the budget office shortly after the budget was adopted but it was unfrozen thanks to efforts by Senator Liz Krueger a couple of weeks ago," Kellner said over the phone. "So now it's back in process."
The citywide primaries, which are in most districts all but decisive in the heavily Democratic city, will take place in June 2021. Asked whether the temporary budget freeze would impact the April deadline, he said: "Somewhat, yes. As I say it's now back on the front burner and people are working on it, which was not the case from April until mid-August."