The New York City Bar Association (“City Bar”) intends to Establish a Task Force on the City Charter for the purpose of commenting upon various Proposals submitted to the Commissions, and, ultimately, Recommended to be placed on the Ballot. The City Bar’s Committee on New York City Affairs Expressed its Immediate and Longstanding Support for Certain Election Reforms.

The Subcommittee was Chaired by John Owens; other Members included Mary Bruch, Michelle Grady, and Laura Wood. A Draft Version was Approved by the Full Committee and Endorsed by the Committee on Government Ethics and State Affairs supported Election Reform, Advocating for:

(1) Enhanced Registration Procedures, with more Flexible Deadlines

(2) “No Excuse” Absentee Voting

(3) Early Voting

(4) Instant Run-Off Voting

(5) Felony Re-Enfranchisement

The State Legislature has Failed or Refused to Enact these Reforms. However, pursuant to the State Constitution, the New York State Municipal Home Rule Law (MHRL) and other Home-Rule Statutory Provisions, the Law Permits Localities to Enact their own Reforms, provided they are neither Preempted by a directly Contradictory State Statute or a State Constitutional Prohibition. Specifically, MHRL permits Local Law-Making as it Relates to:

(1) The Powers, Duties, Qualifications, Number, Mode of Selection and Removal, Terms of Office, Compensation, Hours of Work, Protection, Welfare and Safety of its Officers and Employees....

(2) In the Case of a City, Town, or Village, the Membership and Composition of its Legislative Body.

(3) The Transaction of its Business.…

(12) The Government, Protection, Order, Conduct, Safety, Health, and Well-Being of Persons or Property therein.

Thus, the City of New York has the Authority to “adopt and amend local laws not inconsistent with the provisions of the Constitution or not inconsistent with any general law relating to its property, affairs or government.”

Expanded Registration and Enrollment Procedures

A Proposal to Extend a New Voter’s Opportunity to Register until Ten Days before an Election has been Submitted to the Mayoral Commission. Currently, State Law Provides that a New Voter must Register Twenty-Five Days in Advance of the Election. However, the State Constitution requires only that Registrations must be Effected by the Tenth Day Preceding an Election. Thus, similar to New York City’s Enactment of its Own Ballot Access, Campaign Finance and Candidate Eligibility Requirements, it may permit potential Voters to Register to Vote in Municipal Elections as it sees fit, provided, of course, that the Cut-Off Date is consistent with the State Constitution. Extending the Registration Cut-Off to Ten Days Prior to an Election would undoubtedly allow more Potential Voters to Cast a Ballot.

In addition, the City Charter may also be Amended to Extend the Time for Voters to Change their Enrollment to Vote in a Primary Election. One proposal would allow a New York City resident who is otherwise eligible to vote in a primary election but is enrolled in a different political party or is unaffiliated with any party to change enrollment and vote in his or her new party’s primary if such change of enrollment is effected no later than thirty days before such primary election. This reform for municipal elections would be a significant liberalization of state law, which requires a change of enrollment to have been effected twenty five days prior to the previous year’s general election. The proposal would obviously permit voters to have greater choice of enrollment, while still protecting political parties from last-minute, wholesale “party raiding.”

Expanded Voter Registration and Enrollment Procedures would allow greater Participation, and have the Potential to Improve Turnout.

No-Excuse Absentee Voting

New York allows Absentee Ballots for Registered Voters who Cannot Make it to the Polls on Election Day because of Occupation, Business, Studies, Travel, Imprisonment of Non-Felons, Illness, Disability, and Hospitalization, or Residency in a Long-Term Care Facility. Although there is a State Law that Addresses this Issue, this fact does Not Prevent the City from “supplementing the general law” in a Reasonable Manner. The Provision on Absentee Voting in the Election Law does Not Bar additional Provisions of Law. A Local Law that “covers the same subject matter as a State law by supplementing the general law with additional reasonable requirements is not void for inconsistency.” Thus, just as New York City has Supplemented State Law Relating to Contribution Limits, Petition Signature Requirements and the Manner by which Vacancies are Filled, it may also Enact its own Version of Absentee Ballot Requirements.

Early Voting

New York’s Election Law does Not Provide for Early Voting, and a Proposal for Early Voting Sites in each of the Fifty One Council Districts and the Borough Boards of Elections has been Submitted. Currently, some Three Dozen States Permit it, and New York’s Election Law is Silent on this Issue. In that “[s]ilence on an issue should not be interpreted as an expression of legislative intent,” the City may Enact its Own Version of the Procedure.

Early Voting in so many States has Proven to Invigorate Campaigns and Increase Voter Turnout. This Reform has the added Benefit of Facilitating Voting on Election Day by Reducing Waiting Time and Generally Improving Voting Procedures in the Polling Place.

Instant Run-Off Voting (IRV) / Ranked-Choice Voting (RCV)

Currently, under State Law, Candidates for New York City City-Wide Office, Mayor, Public Advocate, and Comptroller, must Receive 40% of the Vote in a Primary Election to be Nominated by a Political Party and Advance to the General Election. If No Candidate gets at least 40% of the Vote, the Top-Two Candidates will Participate in a Run-Off Election to determine their Party’s Nominee for the General Election. The Run-Off Election must take place Two Weeks after the Primary Election, except already there has been One Instance when the Run-Off has been Postponed because of Insufficient Time to Administer such Election.

The Legislative History of the Statute contemplates Nomination of a Candidate with Broad Support by Voters in his or her Political Party. Instead of Conducting Run-Off Primaries if No Candidate receives 40%, an IVR/RCV Provision for our Municipal Elections is Designed to show such Support for the Winning Candidate. A Detailed Proposal, Modeled upon Council Member Brad Lander’s Bill in the City Council, has already been Submitted to the Mayoral Commission. This Reform would Eliminate the need for a Separate Run-Off Election, alleviate the Challenges faced by the Board of Elections in Administering a Separate Run-off Election, and Save the City Millions of Dollars.

These Reforms would be Implemented using a Municipal Ballot on which Candidates for Only Municipal Offices appear. Candidates for All Other Public Offices (e.g., District Attorney, Supreme Court Justice) or Party Positions, Members of a Party Committee, Elected at the Primary Elections) would be Listed on a Separate Ballot.

The City’s Board of Elections would, therefore, have to Update its Voter Database to Indicate who is Eligible to Vote at a Specific Election. This Administrative Procedure is No Different from the Board’s Current Practice of Indicating on its Database which Voters must Present an ID, or which Voters have been Challenged. Logging in Additional Information relating to Enhanced Registration or New Party Affiliation seems easily and readily Manageable. Moreover, since the Proposed Reforms are Contemplated as taking Effect in the 2021 Municipal Elections, the Board has at least Two Years to consider and adopt necessary Administrative Procedures to implement these Proposals, a period of time that should be sufficient to effectuate this change.










NYC Wins When Everyone Can Vote! Michael H. Drucker