Protecting Election 2020 from Covid-19: A Toolkit for New York Activists

This is part of the Brennan Center’s Toolkits for Activists Across the Nation.

Jump to a section: 
Political Context  |  What’s in Place and What’s Needed  |  Key Dates

Administering an election under pandemic conditions requires undertaking steps to keep voting accessible, safe, and secure. The guide below lays out the problems Covid-19 poses, what preparedness measures New York has, and what changes are still needed. But first, we offer some political context for your advocacy.

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Advocacy Focus: Local Reform

Local officials have a lot of responsibility over elections. They are a great place to focus advocacy efforts. Though state officials can make any of the changes in this toolkit, we highlight some examples of changes that local elections officials can also make with this symbol:🔸

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Political Context

Below is a list of the relevant officials and information about the legislative session.

Governor: Andrew Cuomo (D)  

New York State Board of Elections Co-Chairs: Peter Kosinski (R) and Douglas Kellner (D)

Legislature: Assembly (D) Senate (D)

Legislative Session: As a formal matter, the Legislature is in session year-round.  The Legislature went into recess June 10, 2020, reconvened virtually from July 20–23, and is currently in recess once again.  Legislative leaders can choose to reconvene. Either the legislature or the governor can call a special legislative session.

Local Elections Officials: In New York, local boards of elections share responsibilities for administering elections. You can look up individual local boards of elections here.

What New York Has and What’s Needed

Three priorities. There are three key areas where we need to shore up our elections systems for success during a pandemic: registration, mail voting, and in-person voting.

Registration

Covid-19 may disrupt the traditional ways Americans register to vote, like get out the vote drives or registering at government agencies. In the crucial weeks before the registration deadline, postal service disruptions may lead many registration forms to arrive at election offices after the deadline.

Preparatory Measures New York Already Has Taken:

• Online voter registration

Changes Still Needed:

• Prepare to extend online and mail voter registration deadlines based on conditions in the state
• Voter registration on Election Day

Voting by Mail

Because of Covid-19, long lines and crowds at the polls pose health risks not seen in previous elections. Allowing every citizen to vote by mail reduces the number of people at the polls on Election Day and decreases the exposure risk to Covid-19.

Preparatory Measures New York Already Has Taken:

• All voters can vote by mail 
• Statewide online tool for requesting an absentee ballot
• No ID requirement to vote by mail
• No notary or witness requirement for return of mail ballot
• Accepts late-arriving ballots postmarked by Election Day
• Provides post-election notice and cure opportunity for defects on absentee-ballot envelope, including signature mismatch or missing signatures

Changes Still Needed:

• Provide pre-paid postage for voting by mail
• Send absentee-ballot applications to all voters who have not yet applied

In-Person Voting

Even with expanded mail voting opportunity, states cannot close polling places. To do so may disenfranchise voters without Internet and mail access, or those who do not wish to cast a ballot by mail. In-person voting must be done in accordance with health guidelines to prevent the spread of Covid-19.

Preparatory Measures New York Already Has Taken:

• In-person early voting

Changes Still Needed:

• Ensure sufficient polling places are open and resourced on Election Day🔸
• Open more in-person early voting locations🔸
• Take proper public health precautions to ensure safe polling places🔸
• Hold training sessions for polling-place workers well in advance of Election Day, so that election officials can better anticipate problems with staffing and logistics🔸
• Increase access to curbside voting at polling locations

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Advocacy Focus: Protecting Polling Places

No matter how prepared New York is as a matter of policy, elections officials and advocates must stay vigilant about ensuring safe, healthy in-person voting is an option for everyone all the way through Election Day. Here are some important things to know about who makes decisions about polling places in New York and what rules govern the process:

• State law requires local boards of election to designate polling locations by March 15 of each year. Alternative locations may be designated, subject to notice requirements.🔸
• Local boards of election have the power to establish additional locations for early voting beyond the minimum required, and they can have such locations open for additional hours beyond the minimum required.🔸

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Key Dates for New York Elections

• May 29, 2020: Deadline to register to vote for the Primary Election
• June 13 – 21, 2020: Early Voting for Primary Election
• June 23, 2020: Primary Election Day
• October 9, 2020: Deadline to register to vote for the General Election
• October 24 – November 1, 2020: Early Voting for General Election
• October 27, 2020: Postmark deadline for absentee-ballot application for General Election
• November 2, 2020: Last day to apply in person for an absentee ballot for General Election
• November 3, 2020: General Election Day