New York: Top court: Ballot images aren’t public | Ekuzabeth Izzo/Adirondack Daily Enterprise

The state’s highest court has ruled in favor of Essex County in a lawsuit that called into question whether electronically scanned images of ballots can be obtained without a court order following an election. In an opinion released June 13, state Court of Appeals Chief Judge Janet DiFiore wrote that electronic images of ballots should be subject to the same restrictions as paper ballots, which can only be examined within two years of an election with a court order or direction from a state legislative committee. “The Election Law’s closely regulated framework for handling of ballots and reviewing their contents balances ballot secrecy, anti-tampering measures, accuracy and finality,” DiFiore wrote. The Court of Appeals’ 4 to 3 decision marks the end to a four-year-long lawsuit that started with a Freedom of Information Law request in 2015. Bethany Kosmider, a former Crown Point town supervisor and chairwoman of the county Democratic committee, sought access to electronic images of ballots cast in the 2015 general election through a FOIL request filed that year.

New York: Rensselaer County election system, site, malfunctions and shows incorrect results | Steve Maugeri/WRGB

Primary night was a longer than usual in Rensselaer County. Republican election commissioner Jason Schofield says some of the results coming out of the machine weren’t correct. That lead to some incorrect unofficial results going on up on their website. “Someone in our office had looked to see how a particular candidate had done. That candidate had prevailed in is primary in one town about a 50 vote margin. When we inputted the disk, it had him losing the election 70 votes to one vote,” Schofield said. That prompted them to shut down their system and resorted to counting by hand. He says this is a necessary step to avoid misleading voters or candidates during the primaries. The Board of Elections still have to count absentee ballots, but they won’t be counted using these machines. All of them will be counted by hand. The Board of Elections hopes to have the final results in by next week.

New York: New Voting Machines Could Impact Need For Poll Translators | Kings County Politics

A new voting machine that has instructions and ballots in multiple languages could make the city’s hiring of translators outside of polling places obsolete in the near future. That after the state board of elections is reportedly looking at giving municipalities the green light to start using the ExpressVote XL machines if they so choose. Given that the city now offers voter the ability to register in 15 different languages, the machine has a touchscreen which allows for any language to be programmed, so that voters whose first language is not English can simply read the ballot in their preferred language without having to navigate a crowded ballot with small print and multiple languages on it. The machine uses touchscreen technology that displays only the language that the voter selects, making the ballot clear and easy to read.  The paper-based ExpressVote XL machines are also fully Americans With Disabilities Act (ADA)-compliant, produce a verifiable paper record for tabulation.

New York: After Backlash, Personal Voter Information Is Removed by New York City | The New York Times

Bowing to fierce criticism from elected officials and privacy advocates, the New York City Board of Elections has removed the voter enrollment books that it had posted online, which had included every registered voter’s full name, party affiliation and home address. The books, spanning thousands of pages in searchable PDF format, were quietly posted in February, the first time they had been available on the Board of Elections website. Officials said the online publication was necessary given changes to election law at the state level. But after a series of news reports regarding the decision, some election and privacy experts warned that it could make sensitive personal information too readily available. And officials including Gov. Andrew M. Cuomo, Mayor Bill de Blasio and the New York City Council speaker, Corey Johnson, warned that the decision to publish the books could undermine public trust in the electoral process and jeopardize the security of voter information. By Tuesday, the voter rolls had been removed from the Board of Elections’ website. Michael Ryan, the board’s executive director, said the board had made the decision during a conference call on Monday, partly in response to public outrage following the media reports. “Up until a media inquiry into this matter, we had seen no complaints from anyone that this information was there,” Mr. Ryan said on Tuesday during a previously planned City Council hearing about election reform. But, he said, “Since people were getting upset, we took it down.”

New York: Amid Public Outrage, New York City Board Of Elections Pulls Private Voter Records From Internet | CBS

After massive public backlash, and the possibility for legal backlash as well, the New York City Board of Elections has quickly wiped the public’s private information from the internet. Voter rolls listing full names, home addresses that included apartment numbers, and party affiliations for all 4.6 million registered voters in New York City were dumped on the BOE’s website. On Tuesday, the board suddenly decided to remove that information from its site after beginning the information dump in February. Executive director Michael Ryan spoke to CBS2’s Marcia Kramer about the privacy scandal and admitted the media firestorm was responsible for the decision to end the short-sighted plan. “Yes we heard it. Yes we took it down. Do I think if someone was really looking to find somebody they’d go to the ad list books at the Boards of Elections? No I don’t quite frankly,” Ryan said defiantly.

New York: Public Records: Personal Information on New York City Voters Is Now Available for All to See | The New York Times

Are you registered to vote in New York City? If so, then anyone can find out your party affiliation, full name and home address down to the apartment number — all with a few mouse clicks. The city’s Board of Elections recently posted its voter enrollment lists to its website, a massive upload of thousands of pages, covered in tiny all-caps letters, that offer a district-by-district breakdown of voters sorted by party and street name — one line for each of the 4.6 million active registered voters. City officials said that the information was already public record, and that a new forum did not change its availability. But the move raised alarms among privacy advocates and some election experts, who said the ease of access could play into the hands of mail scammers, internet trolls and domestic violence perpetrators. It even drew oblique criticism from Gov. Andrew M. Cuomo, whose office emphasized the need for digital privacy. “The New York City Board of Elections’ decision was theirs to make, but we believe sensitive voter information should always be protected,” Caitlin Girouard, a spokeswoman for Mr. Cuomo, said in a statement. She added, “When it comes to the current administration, we need to be extra vigilant to ensure New Yorkers’ information isn’t being used for politically motivated ill will.”

New York: Oversight Committee head calls for halt on voting machines | New York Post

The chair of the City Council’s Oversight and Investigations Committee is calling for a halt to the Board of Elections’ plan to use machines supplied by a company with a spotty record for this fall’s early voting. “I’m against rigging the process in favor of a contractor with a dubious track record,” said Councilman Ritchie Torres (D-Bronx). Election Systems & Software came under fire after its ballot scanners reportedly jammed at polling places across the city in November’s elections. “There needs to be an investigation of the performance and conflicts of interest involving ES&S. There should be a competitive bidding process,” Torres said. BOE Executive Director Michael Ryan is also on the hot seat after it was revealed last year that he failed to report several posh business trips paid for by ES&S. He subsequently stepped down from an unpaid gig on the contractor’s advisory board.

New York: Budget allocates $24.7M to improve voting process — publicly funded elections delayed | The Legislative Gazette

Election reformers are seeing mixed results in the new state budget passed this week. On one hand, New Yorkers will now be able to vote before Election Day, register to vote online, and polls will open earlier for upstate primaries. Additionally, employers will be required to give all workers three hours of paid time off to vote, and with a new $14.7 million allocation, voters will be able to sign in at polling places using an electronic sign-in book. The e-poll books keep track of data such as voter registration, voting history and verification and identification of voters. This will bring the state’s system up to date with 21st century technology. More than half of the states in the U.S. use electronic polling books already. On the other hand, many good-government groups and activists are angry that the budget did not establish a system of publicly financed campaigns that rely on a small-donor matching system, coupled with lowered contribution limits. Instead, a commission will study the feasibility of such a system for legislative and statewide offices, and will issue a report in December. Proposed by the Fair Elections for New York campaign, a small-donor matching system would give a voice to New Yorkers who cannot afford to donate large sums of money to political candidates. It is also seen as a system that allows more people to run for political office.

New York: Questions Over Mike Ryan Pushing for ES&S Voting Machines | NY1

The city’s Board of Elections is arguing it may need some new voting machines because of early voting, but the board’s leader is pushing for machines made by a company he has benefited from, raising questions of conflicts of interest. For almost 10 years, New York City has used the same type of voting machine: An optical scanner. But now, the city Board of Elections may want to try something else. It’s a new machine called the ExpressVote XL, and it’s made by the major voting machine manufacturer, Election Systems and Software (ES&S). In a letter exclusively obtained by NY1, the city asked the state Board of Elections this week to possibly use the new machine for early voting this year. It says using paper ballots would be virtually impossible. That’s because there will be far fewer poll sites open for early voting than on a traditional election day. Officials question whether every site would be able to keep all of the different ballot configurations for each election district, and this ExpressVote XL machine uses a touch screen to vote instead. But there is a problem: The state Board of Elections has not certified or fully tested this machine for use in New York. The city Board of Elections is essentially asking state officials to skirt that approval process, specifically asking permission from the state board to use the machine in this fall’s general election. The letter states “time is of the essence.” It is signed by two people. One is the executive director of the board, Michael Ryan. One leader of the state Board of Elections immediately dismissed the city board’s request: “What annoyed me most about the letter is it doesn’t seem to understand the reason for New York’s certification for voting equipment,” state Board of Elections Co-Chair Douglas Kellner said. “We have to recognize that there are security risks.”

New York: Electronic Poll Books Next Step in New York Election Overhaul | Gotham Gazette

As Democrats in the state Legislature continue a rapid pace of passing legislation to start the new session, the state Senate seems poised to advance another round of election and voting reforms, including approving the use of electronic poll books to administer elections. Electronic poll books, used in at least 34 states and the District of Columbia, are a fairly simple but significant instrument in making elections more efficient, experts and advocates argue. They make voting faster, preventing long lines at polling sites, save costs in the long run, and are easier to update and maintain compared to the paper lists currently used in New York. Some advocates also say e-poll books, as they’re often called, are essential in implementing improvements to voter registration processes, which the state Legislature put into motion last month, and helpful in the implementation of the significant shift of early voting, also part of the recently-passed package.

New York: Cuomo signs ‘transformative’ early voting bill, other election reforms | Auburn Citizen

Gov. Andrew Cuomo on Thursday signed legislation making New York the 38th state to allow early voting.  The bill, which the Democratic-led state Legislature passed last week, establishes a nine-day early voting period before election days. The early voting period would conclude on the Sunday before an election. Democratic lawmakers attempted for years to adopt an early voting system, but the bill was blocked by Republicans when the GOP controlled the state Senate. With Democrats now in the Senate majority, the bill cleared that legislative hurdle. “Early voting is going to be transformative for the system,” said Cuomo, who has, for years, included early voting in his annual legislative agenda. 

New York: Lawmakers approve election reforms, including early voting | NBC

New York state lawmakers approved a series of reforms intended to make it easier to vote on Monday, including giving voters 10 days of early access to the ballot box prior to Election Day and consolidating primary dates. The reforms were passed by the new Democratic majority in the state Senate. Similar reforms have died in the legislature in recent years, thanks to Republican control in the Senate. The bills are expected to be signed into law by Gov. Andrew Cuomo, who commended the legislature for taking “quick action” on the issue, soon. “At a time when the federal government is doing everything it can to disenfranchise voters, we are taking action to make it easier for New Yorkers to participate in the democratic process and crack down on corporate influences in our election,” Cuomo said in a statement on Monday.

New York: With New Voting Laws, Democrats Flex Newfound Power in New York | The New York Times

After years of lagging behind other states, New York radically overhauled its system of voting and elections on Monday, passing several bills that would allow early voting, preregistration of minors, voting by mail and sharp limits on the influence of money. The bills, which were passed by the State Legislature on Monday evening, bring New York in line with policies in other liberal bastions like California and Washington, and they would quiet, at least for a day, complaints about the state’s antiquated approach to suffrage. Their swift passage marked a new era in the State Capitol. Democrats, who assumed full control this month after decades in which the Legislature was split, say they will soon push through more of their priorities, from strengthening abortion rights to approving the Child Victims Act, which would make it easier for victims of childhood sexual abuse to sue their assailants.

New York: Early Voting and Other Election Reforms Coming to New York | The New York Times

For years, the ways in which voters in New York have been stymied by the state’s antiquated voting laws have stood in stark contrast to the state’s liberal reputation. During last year’s contentious midterm elections, New York was the only state in the nation that held separate state and federal primary elections, a bifurcation that almost seemed designed to suppress voter turnout — which is generally thought to favor incumbents. Early voting? Voting by mail? Same-day voter registration? All are fairly basic voting reforms now found in many states, but not in New York.

New York: Coalition wants ‘fair elections’ legislation to be Albany’s first priority | The Buffalo News

A coalition of 175 grassroots and community groups is pushing Albany to pass a “fair elections” package that includes such elements as small-donor public financing, closing campaign funding loopholes and early voting. Gov. Andrew M. Cuomo and other Democratic leaders have supported various forms of such legislation in the past, but fair elections proposals had been consistently blocked by Republicans who long controlled the state Senate, organizers say. Now that Democrats control both the legislative and executive branches in New York, the Fair Elections for New York coalition wants elected officials to pass fair elections legislation right away. About 25 representatives from the coalition held a news conference Monday on the steps of Buffalo City Hall to press for the reforms.

New York: Cuomo’s Election Day Holiday Call Surprises Even Advocates | NY1

If they didn’t know already, the breakdowns on Election Day reminded voters that New York has some of the most antiquated voting laws and processes in the country. From a lack of early voting to the fact that voters must declare a party affiliation more than six months before a primary, New York can make voting hard. “On this issue, we’re way far behind. New York is one of only 13 states that doesn’t have early voting,” said Susan Lerner, the executive director of advocacy group Common Cause New York. “Texas adopted early voting in 1996. So it’s embarrassing.”

New York: Election laws come under attack by Democrats | The Hill

Democrats preparing to take control of New York’s legislature are plotting to overhaul voting and elections laws that were last updated to protect the power of Tammany Hall. Legislators and voting rights activists say New York’s laws are among the nation’s most antiquated. It is one of a minority of states that do not allow voters to cast a ballot before Election Day, and its absentee ballot laws are among the most restrictive in the country. After notching big gains in the 2018 midterm elections, Democratic leaders who will take over the state Senate in January say they will act on a handful of measures meant to update those laws.

New York: ES&S misled New York City over their weakness to humidity: docs | New York Post

The manufacturer of the city’s jam-plagued ballot scanners misled the Board of Elections about the devices’ vulnerability to humidity, which likely contributed to the Big Apple’s Election Day meltdown, The Post has learned. Nebraska-based Election Systems & Software claimed its scanners could operate in any humidity level in a key document it filed as part of its winning bid for the $56 million contract. But ES&S contradicts itself in the very instruction manual it publishes for the model of scanner the BOE purchased, filings with authorities in other states show. “Humidity and wetness were a factor in the paper jams on Election Day and ES&S was not transparent in the contract about the implications of wetness and humidity,” said Alex Camarda, an elections expert with the government watchdog Reinvent Albany.

New York: Voting in New York poised for overhaul | Times Union

Voting on the weekend could be coming in 2020 for New Yorkers. An overhaul of the state’s election procedures is expected to be one of the consequences of the Democratic takeover of the state Senate, which will likely be more receptive to proposed reforms that had passed the Democratic-controlled state Assembly, including early voting, no-excuse absentee voting, and a single legislative primary date. Progressive activists and Senate Democrats anticipate voting reforms will be near the top of the Legislature’s agenda when state lawmakers return to Albany in January. Many of these proposals were held up in the state Senate’s committee process during GOP control of the chamber.

New York: Over 1,000 Ballot Scanners Went Unused During New York City Election Day Fiasco | Gothamist

While thousands of New Yorkers stood in hours-long lines waiting for their chance to vote in last Tuesday’s midterm election, more than 1,000 Board of Elections scanners that could have been deployed to alleviate wait times and scanner malfunctions were kept out of circulation, according to officials on the Board. The details emerged following the first regularly scheduled meeting of the BOE since a chaotic election that saw widespread problems at poll sites in NYC. The meeting lasted less than eight minutes, but each commissioner still earned their regular pay of $300, in accordance with state law. Manhattan Commissioner Frederick Umane spoke to reporters following the brief session Tuesday. “We had over 300 scanners that were not deployed because we didn’t have room for them in the poll sites,” he said, speaking specifically about Manhattan. Umane said the BOE had consolidated some poll sites into buildings that were ADA accessible and run out of room to fit additional scanners.

New York: Citywide Technical Difficulties Deter Some from Voting | CityLab

When Rebekah Burgess Abromovich got in line to vote at the North Henry Street polling center in East Williamsburg, Brooklyn, at 9:15 a.m. Tuesday morning, only two electronic voting scanners were working. After an hour of voting, the working machines were down to one. When she finally submitted her ballot more than three hours after arriving, volunteers had begun handing out emergency ballot boxes, which few understood how to use. “I was lucky because I was given the day off to vote,” she said. But other people were bailing. “I was standing next to a teacher who waited for two and a half hours, and then had to leave to teach a class. She said she had to come back.” In polling places in New York City’s five boroughs, similar stories of out-of-commission voting machines echoed: At different points on Tuesday, only one scanner worked at Harry S. Truman High School in the Bronx, Erasmus High School in Brooklyn, and the Brooklyn Public Library polling station, according to NBC New York. At PS 22 in Prospect Heights, all four scanners broke for much of the morning, before getting fixed at 10 am. Elsewhere, ballot sleeves were missing. Lines stretched blocks and hours long.

New York: Republicans Attack Cuomo’s Plan to Restore Felons’ Voting Rights | Wall Street Journal

Republicans are attacking an initiative by New York Gov. Andrew Cuomo to restore the voting rights of former felons, holding hearings and releasing a new digital advertisement accusing him of prioritizing sex offenders over other voters. Between April and September, 30,666 parolees received a conditional pardon allowing them to vote, a member of Mr. Cuomo’s cabinet revealed this week. It is unclear how many of those people have registered, said representatives for the State Board of Elections. Previously, those convicted of felonies in New York could vote only after completing parole. The governor, a Democrat seeking a third term in November, and his team cast their effort as necessary to combat the effects of mass incarceration, and said disenfranchising voters disproportionately impacts racial minorities.

New York: Why New York City voters rolls were missing names again, explained | Vox

As New Yorkers go to the polls to vote in state primary elections Thursday, some voters are finding there’s no record of their registration. That includes some prominent media figures: New York Magazine writer Rebecca Traister and HuffPost Editor in Chief Lydia Polgreen were among those who tweeted their names were missing from the rolls at their local polling places — meaning they can’t cast a regular ballot. They were far from the only ones. Others tweeted about their experiences having to sign an affidavit and cast a provisional ballot for the first time in years. Local New York publication Gothamist reported “mass confusion” at some polling stations. The stakes are high this year — there are contested primaries for major statewide offices, including governor, lieutenant governor, and attorney general. People whose names aren’t found on the rolls can still vote, they just have to sign a sworn affidavit validating their identify before they can cast a provisional ballot.

New York: Lawsuit Says Voting System in Long Island Town Shuts Out Latinos | The New York Times

For Maria Hernandez, the chief problem in Brentwood, her Long Island hometown, has always been the streets and their state of disrepair. For Ana Flores, it was the time town officials dumped tons of construction debris into one of Brentwood’s parks. Others in the hamlet, which sits within the town of Islip, mentioned different troubles — traffic lights don’t work, trash pickups are slow, schools are underfunded — but all of them, they say, have the same root cause: The way that Islip, a mostly white community, elects its local leaders has diluted the power of Latino residents, effectively robbing them of their vote. “If you come to Brentwood, you would notice that our town looks very different from the other towns in this municipality,” said Ms. Hernandez, 53, who moved to Brentwood from El Salvador nearly 20 years ago. “There’s so much lack of interest from the town board that we feel like an island. We are like a ghost town.”

New York: Protecting against a hack attack this election | WBFO

With the elections season heating up, there is increasing attention to making sure someone with bad intent cannot interfere with the vast computer systems behind the vote. The country is filled with different election systems. Some are completely computerized, others not and a lot in between. Erie County has voting machines that scan paper ballots and deliver a count when the polls close. However, those paper ballots are still available if there is a recount. New York is conducting a series of cybersecurity drills through mid-June to test how vulnerable the state’s election system is to hacking. The exercises will simulate scenarios in which a hostile group seeks to tamper with voting systems, change election tallies or otherwise undermine voter confidence. The events are meant to help officials identify problems with election security before they can be exploited.

New York: Officials launches drills to thwart election hacking | Reuters

Federal and New York state officials say they will hold drills in the weeks leading up to primary elections for the U.S. House and Senate to prevent hacking and other cyber threats to voting systems, officials said on Wednesday. The exercises, which will begin in Albany on Thursday, come amid heightened scrutiny of the nation’s voting systems following Russian hacking in the 2016 U.S. presidential election. “The people of New York deserve an open, transparent election process they can trust, and these exercises are an integral part of restoring voter confidence and the integrity of our election infrastructure,” Governor Andrew Cuomo said in a statement.

New York: Saratoga Board of Elections say ‘no’ to request for ballots | Albany Times Union

Saratoga County Board of Elections has once again rejected a request for copies of the electronic ballots cast in November’s charter referendum that was defeated by 10 votes. In a May 25, 2018 letter from the county Board of Supervisors, the former chair of the now disbanded Charter Review Commission Bob Turner was informed that the request “is duplicative of your previous request, which (has) been fully settled.” Turner said the move by Board of Election Commissioners Roger Schiera (Republican) and William Fruci (Democrat) “undermines the public’s confidence in the integrity of the electoral process. If the election was run properly, there is nothing to hide,” Turner said. The city’s charter-change advocates submitted a second Freedom of Information Law request after an April 12 ruling of 3-2 in Kosmider vs. Whitney in the Appellate Division of state Supreme Court. A panel of five judges ruled that electronic ballot images in this Essex County case can be accessed through a FOIL request. The Board of Supervisors in Essex County, the Sun Community News reported, has filed a paperwork reserving the right to appeal.

New York: Senate Democrats look to simplify voting process ahead of federal and state primaries | The Legislative Gazette

The New York State Senate Democratic Conference is sponsoring a package of bills to simplify the voter registration process for primary, general and special elections after releasing their own report researching low voter turnout. The Senate Democratic report, “Why Don’t More New Yorkers Vote? A Snapshot Identifying Low Voter Turnout,” explains in the executive summary that New York was “41st in turnout in the nation, and [was] worst in the Northeast” during the 2016 general election. This conclusion was based on “unofficial results” available on the state election board’s website cited in the study and an additional study done by the U.S. Election Project.

New York: Win for Election Transparency as Court Rules Ballot Images Are Public Records | WhoWhatWhy

Election-integrity advocates hailed the recent decision of a state court that could have a sweeping effect on election transparency throughout the country. At issue was whether electronic ballot images — the kind captured by optical and digital ballot scanners — are public records and therefore subject to freedom of information laws. That is particularly important because most Americans cast their ballots through some kind of electronic voting machine — despite their proven vulnerability — and ballot images provide the public with at least some measure that their votes are counted accurately. Therefore, easy access to these images is crucial. Knowing that the public has some measure of verification is an important deterrent against tampering with elections. That is precisely why this case from upstate New York is a major victory for transparency advocates.

New York: Cuomo Plans to Restore Voting Rights to Paroled Felons | The New York Times

Gov. Andrew M. Cuomo announced on Wednesday that he intends to restore voting rights to felons on parole, a move that could open the ballot box to more than 35,000 people. The mechanism through which Mr. Cuomo plans to do so is unusual: He would consider pardons for all 35,000 people currently on parole in New York, as well as any new convicted felons who enter the parole system each month. The move amounts to a legal sidestep of the State Legislature, where the Republican-controlled Senate has opposed many of Mr. Cuomo’s proposed criminal justice reforms. It does not change state law, which currently bars convicted felons from voting unless they are on probation or have completed parole.