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NY New Democratic Legislature Agenda 2019


The 2018 Election Cycle in New York laid bare the myriad Failings of the State’s Political System that Advocates and Reform-minded Elected Officials have long recognized. Several Candidates, many in it for the first time, ran Competitive Races on the backs of Small Dollar Donors while Highlighting the Lax Campaign Finance Laws that allow Wealthy Interests to Fund Campaigns across the State.

Corruption in Government and Ethics Reforms were salient Issues, particularly so in the Gubernatorial and Attorney General Races. In New York City, chaotic Election Day Administration brought Renewed Scrutiny to the long Mismanaged City Board of Elections as well as the State’s Arcane Voting and Elections Laws. And Voters, for the first time in a long time, seemed to be Paying Attention to it all.

As Democrats Won Full Control of the State Legislature and, yet again, the Governorship on November 6th, Government Reform Advocates Rejoiced. After years of Legislative Paralysis on their Priorities, aided in no small part by Republican Obstructionism and somewhat by lackluster Democratic Commitment, a slew of Election, Campaign Finance, and other Reforms now seem have a chance to Pass in 2019.

Democrats who overwhelmingly Controlled the Assembly have been Approving Measures for years that would Open Up Elections, Limit the Power of Big Money, and Create more Accountability in Government. The Party now also Controls the State Senate for the first time in nearly a Decade and with a strong Margin that is likely Immune to the Internal Divisions that cost Democrats the Chamber in the Past.

Democratic Leaders, Governor Andrew Cuomo, Assembly Speaker Carl Heastie, and New Senate Majority Leader Andrea Stewart-Cousins, made concrete Promises on the Campaign Trail and will no longer have any Excuses for Failing to follow through on professed Priorities like Early Voting, Lower Individual Campaign Donation Limits, and a State Public-Matching Campaign Finance Program, among several others.

Most of the Broad Election and Voting Reforms that Democrats are Promising are also Backed by the New Fair Elections for New York Coalition, comprised of 91 Organizations including Government Reform Groups, Political Clubs, Labor Unions, Faith-based Organizations, and Grassroots Advocates Fighting for everything from Immigration and Tenant Reform to Environmental Protections. It’s an Eclectic Alliance that brings together both Partisan and Nonpartisan groups because, they say, they recognize that Strengthening New York’s Democracy is the first Domino in Improving, on multiple fronts, the everyday Lives of New Yorkers.

Pushing through a Long List of Reforms, some more Controversial than others, will not be Easy. There are many Details to work out, and some Politically contentious Issues to decide, starting with whether Legislators will get a Pay Raise for the First time in Two Decades without Giving Up some of their Extra Income, and whether there will be Clear Agreement on Ethics Reforms to accompany such a Raise. While there seems to be widespread Agreement on passing Early Voting, will Partisan Lawmakers take on Restructuring the New York City Board of Elections, a move that would likely happen in spite of Protests from Local Party Affiliates? These are just a few of the many Questions that face Democrats in State Government, starting with the Governor, as the 2019 Session looms.

Voting Reform

Voter Turnout Surged in New York in both the September Primary and the November General. More than 45.6% of Registered New Yorkers cast a Vote on November 6th, up from 33.2% in 2014, largely driven by a “Blue Wave” of Democratic Voters Incensed and Energized since the Election of President Trump. But turnout has, more often than not, been anemic in past Elections. In the 2016 Presidential, New York ranked 41 out of 50 States for Turnout.

Advocates say these Dismal numbers owe to “passive voter suppression” stemming from the State’s Outdated Voting Laws. New York is one of only 13 States that do Not allow Early Voting, and Registration and Party Enrollment Deadlines are needlessly Long, all serving to Limit Participation in Elections.

There have been a few Incremental Efforts at the State and City Levels to Expand and Protect the Franchise, but larger Reforms have been Blocked by the Republican Senate while Democrats like Cuomo and Heastie have kept them on the Backburner in terms of Policies they’ve Pushed to bring Senate Republicans along during Annual Compromises.

Governor Cuomo also Signed an Executive Order in April Restoring Voting Rights to Parolees, those on Probation were already Allowed to Vote. The New York City Council pushed that Measure further by Passing a Law mandating that Individuals Released from City Jails be given a Written Notice about their Voting Rights and a Voter Registration Form. The Council has taken other steps as well, Expanding Access to Interpreters at Polling Sites in Immigrant Communities.

New York City Mayor, Bill de Blasio, attempted to leave his own imprint on the Voting System by launching the DemocracyNYC Initiative, which includes a Ten-Point Plan to Encourage more Voters to Register, to ease Access to the Polls, and to provide more Transparency around Lobbyist Activities and Civic Education in City Schools, among other Measures.

A Larger Package of Reforms that Advocates want and that can bring substantive Change has repeatedly Failed in the Senate and when Democrats take the Chamber in the Upcoming Legislative Session in January, they have Pledged Quick movement on seeing at least Some of them through. These include: Automatic Voter Registration, Same-Day Voter Registration, No-Excuse Absentee Ballots, Electronic Pollbooks, Shortening Party and Change of Party Enrollment Deadlines which are the Longest in the Country, and Pre-Registering 16- and 17-year-olds.

However, the First item that’s likely to Pass is Early Voting. Ahead of State Budget Negotiations this year, Cuomo proposed Funding a 12-day Early Voting program and the Measure did not Budge. What many see as the pressing need to Implement Early Voting was bolstered after the Election Day Debacle in New York City, where Higher Turnout, a Complicated-Two Page Ballot Design, Bad Weather, Aging Ballot Scanning Equipment, and a lack of Preparedness by the City BOE together created Long Lines at the Polls, Frustrated Voters and Elected Officials.

Early Voting, Government Reformers agreed, would have Preempted those Issues, though Turnout was Not so High that the System should have Buckled under Conditions that did not include the Weather-Ballot combination. Still, Early Voting, which Exists in more than 36 States, is also seen as an Issue of Equity and Fairness, giving People the Opportunity to Vote on Multiple Days, which is especially relevant for those with Little Control of their Work Schedules, among others.

Elections and Campaign Finance Reform

Earlier this year, in response to Russia’s Interference in the 2016 Presidential Election, the State Legislature Passed and the Governor Signed the New York State Democracy Protection Act, which instituted New Regulations for Online Political Advertisements including Disclosure of Who Purchased them and requiring the Board of Elections (BOE) to Archive All Online Ads.

While those were lauded as important Measures to provide more Transparency in Campaign Expenditures, it’s on the Fundraising side that things remain Opaque, and Reformers say the State’s Laws need Substantive Improvement. A significant Proportion of Campaign Contributions Flow to Candidates through Limited Liability Companies, which are Not Required to Disclose their Owners and can help Individuals and Corporate Entities evade Limits on Donations, which are already far Too High, many argue. The LLC Loophole is, perhaps, the most Derided aspect of State Elections and one that both Democrats and Republicans Exploit, though it has most benefited Cuomo and Senate Republicans, Two Entities most Friendly to Real Estate Interests, which are often behind the Creation of LLCs.

Cuomo, the Biggest Beneficiary of LLC Donations in recent Election Cycles, has repeatedly vowed to Close it but did not put significant Political Capital into doing so, blaming Senate Republicans for Blocking the Legislation. Next year, that is expected to Change as the Governor has made it among his Top Priorities.

Democratic Control over Both the Assembly and Senate also bolsters the odds of the State adopting a Public Campaign Financing program, possibly similar to New York City’s Voluntary Program that Matches Small Dollar Donations with Public Funds to help Level the Playing Field for Candidates.

There are other ways that New York can also tweak Election Management to encourage both Turnout and Efficient Administration. This year, the State held Two Primaries, one in June for Congressional Races and the September Primary for State Races. Advocates have repeatedly pointed out that Multiple Primary elections both Confuse Voters and lead to Fatigue, questioning why the State Legislature would Spend more Money on Separate Ones instead of Consolidating them to be held on a Single Day. In New York City, the Voters could go to the Polls many times: Two Primaries, a Run-Off for Three Citywide Positions, Special Elections, and the General Election.

The New York City BOE’s Election Fiasco has also prompted calls for Reforming the Agency, which is Funded by the City but is Technically a State Entity. The City Council and Mayor de Blasio have sought to Improve the Board’s Functioning by Professionalizing its Staff and Reducing the Influence of Partisan Appointees, though there is little enthusiasm even among Democrats for Removing the County Political Parties from Nominating BOE Commissioners. The Board is under No obligation to heed the City’s Authority.

Ethics Reform

Good Government Advocates are looking to the New York City Council as an Exemplar of the Types of Reforms that the State Legislature should Pass. In 2016, Council Members Voted to give themselves, and other City Elected Officials, significant Pay Raises. But at the same time, the Council Banned almost All Types of Outside Income for Members, Eliminated Committee Chair Stipends, also known as LuLus, which were Open to Abuse as Reward and Punishment and Salary Padding, and Improved Financial Disclosure Requirements.

To the Dismay of Good Government Groups and Activists, however, the Governor and Legislature have repeatedly wrestled over Ethics Reform with little to show for it. Cuomo infamously came to Power promising that he would Clean Up Albany but later Shut Down the Moreland Commission that he had set up to fulfil that very Pledge in the face of a Resistant, as Legislature kept seeing its Members hauled off to Jail. The Compromise Cuomo struck with the Legislature created the State-Run Joint Commission on Public Ethics (JCOPE), which many have Criticized for being an Inefficient Agency with too-close Ties to the Governor and Legislative Leaders, who Appoint its Members.

Democrats who ran for Attorney General either called for Scrapping JCOPE or Restructuring it. Even Cuomo conceded, in his General Election Debate with Republican Gubernatorial Nominee Marc Molinaro, that he would like to see a more Independent JCOPE, which Oversees Ethical Behavior in State Government. Cuomo suggested that there could be Different ways its Members are Appointed, but did not put forth a Concrete Proposal. And though he was initially Silent when the State BPOE Elections Proposed New Rules that could Curb the Powers of its own Enforcement Counsel, Risa Sugarman, who Investigates Campaign Finance Wrongdoing, the Governor did Criticize the BOE when the Rules were later Approved.

Cuomo has insisted, and Reform Advocates Agree, that State Legislators should Work Fulltime and that Outside Income should be Limited or Prohibited while Financial Disclosure Requirements should be Expanded. This year, Cuomo and the Legislature again Impaneled a Pay Raise Commission. Its Binding Recommendations that would go into effect unless the Legislature meets to Vote them Down. It gives them a Raise, Reduces how much Outside Income they can make, and Removes the Stipends the get as Committee Chairs.

Another significant step towards Accountability in Albany could happen under the Attorney General’s Office. During the Democratic Primary, the Four Candidates Agreed that the Attorney General must be able to Independently Investigate State Officials, which the Office can Currently only do in most Cases after Receiving a Referral from the Governor or another Entity with that Power, such as a Local U.S. Attorney or even the State Comptroller, in some instances. All the Candidates agreed that the Office should have a Permanent, Standing Referral to do so and Attorney General-elect Letitia James has promised to Immediately seek that Authority after taking Office. Still, it is something that then-Attorney General Andrew Cuomo called for when he was in the Role but has Not provided since becoming Governor himself.










NYC Wins When Everyone Can Vote! Michael H. Drucker


     
 
 


This post first appeared on The Independent View, please read the originial post: here

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NY New Democratic Legislature Agenda 2019

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