Democratic lawmakers pushed through a new bill in the final days of session that, if enacted, would allow any voter to cast a ballot by mail. Currently, the only vote-by-mail system in New York state relies on absentee ballots, which require a voter to submit an excuse for not being able to vote in-person.
The new proposal, which passed both the Assembly and state Senate, would allow any voter to request an early voting ballot online or by mail up to 10 days before an election, or in person at a Board of Elections office up to the day before an election. The new law could permanently expand access to voting by mail across New York.
A series of temporary provisions allowed more voters to access absentee ballots due to the COVID-19 pandemic. In 2020, more than 2 million voters across the state requested an absentee ballot as compared to less than 500,000 in 2016, according to data from the federal Election Assistance Commission.
“We want to make it as easy as possible for people to vote,” said state Senate Deputy Majority Leader Michael Gianaris (D-Queens), a lead sponsor of the legislation. “Because when that happens, more people participate in our democracy and more people have faith in the outcome,” he added.
The bill is also sponsored by Assemblymember Karines Reyes (D-Bronx).
The legislation would function similarly to a proposed constitutional amendment that would have allowed for no-excuse absentee ballot voting. Voters rejected that measure in 2021 after a well-funded, last-minute campaign by the state Republican and Conservative parties against the initiative.
During a brief debate on the state Senate floor last week, Sen. George Borrello, a Republican representing counties outside of Buffalo, argued that this new proposal was too similar to that amendment.
“Other than allowing you to vote while standing in line at Wal-Mart, it couldn’t get any easier to vote here in New York State,” said Borrello.
Gianaris anticipated lawsuits challenging the measure. But he said the legislation involved a different section of law than the failed constitutional amendment.
Similar laws are in place in Massachusetts and Pennsylvania.
“So we have reason to believe that this approach will withstand scrutiny,” said Gianaris.
Republican lawmakers have pushed back against voting by mail in recent elections. Last year, a last minute lawsuit filed by state Republicans sought to invalidate hundreds of thousands of mail-in ballots. The courts ruled those ballots should be counted since the lawsuit was filed too close to the election.
If enacted, the new law would take effect in January 2024, ahead of the presidential primary and general election.
A spokesperson for Gov. Kathy Hochul said she will review the legislation.
In the past, she has signaled support for expanding ways voters can cast their ballots by mail.
“I believe everyone should be able to vote by mail,” Hochul told reporters in 2021.