13,800 Ballots From Registered NY Voters Disqualified, NYC Disproportionately Impacted

NEW YORK, NY (05/03/2021) (readMedia)-- Newly released 2020 General Election data gathered by VoteEarlyNY reveals that more than 13,800 registered New Yorkers who voted at poll sites in their county had their ballots fully disqualified. The reason is what's known as the "wrong church wrong pew problem," in which a person is directed to vote by affidavit ballot when appearing at a different poll site from the one assigned. As a result, in New York City -- home to 42% of the state's electorate -- 9,481 or 69% of voters were completely disqualified, with the Bronx and Manhattan (27% of all disqualified affidavits), followed by Queens (26%) hit hardest. In Brooklyn, 2,554 voters had their ballots entirely discounted for this reason (21%). Today, the NYS Senate Elections Committee advanced legislation to fix the problem.

Many states, like California, New Jersey, Utah, New Mexico, Massachusetts and even notoriously anti-democratic Georgia, have rules that count the eligible votes on at least some ballots cast at unassigned poll sites. But under New York's election law, these ballots are fully disqualified, even for the statewide contests that all voters may participate in like U.S. President, Senator, or Governor; as well as offices these voters are usually eligible to vote for, like their Member of Congress, county- or citywide officials, and state legislators.

Voting in the correct county at the wrong location accounts for the largest source of disqualified affidavit ballots cast by duly registered voters statewide and in nearly every county.

"The 2020 data confirms what has been reported anecdotally for years;" said VoteEarlyNY Co-Founder and Voting Rights Counsel Jarret Berg, "That each election thousands of legitimate voters have their ballots tossed and their right to vote fully and needlessly frustrated. Against this backdrop, a modern safeguard that counts the eligible votes on ballots cast by registered New Yorkers, rather than entirely discounting them, will improve due process and significantly reduce the disenfranchisement of eligible voters, ensuring more accurate election results."

The higher disqualification rates in Erie County (32.43% of all disqualified affidavits) and the recent NY-22 Tenney-Brindisi litigation illustrate that the impact extends well beyond the more-densely populated downstate region. That close contest--the last in the nation to be decided--highlighted a recurring injustice that disenfranchises thousands of voters who are provided affidavit ballots under the mistaken belief they will count. The Tenney court entirely disqualified 128 "wrong pew" ballots, suppressing a greater swath of registered voters on this basis alone than the certified 109 vote margin standing between the candidates.

In response, lawmakers have introduced legislation to fix the status quo which punishes legitimate voters. The Senate advanced the bill today through the Elections Committee.

The bill would ensure that voters will still have their ballots counted for all the offices or ballot questions they are entitled to vote for, so long as they turn out at a poll site in their county. The current law already requires poll workers to affirmatively advise the voter of the correct polling place for their residence, and new electronic poll book technology makes it very easy to share that information with voters. The bill however, will make sure that all contests the voter is eligible to participate in, based on their actual address, are still counted on an affidavit ballot filled out at the wrong poll site.

"Our laws must always stand on the side of the voters, and should provide every opportunity for a valid vote to be counted. Eligible voters who cast their ballots in the wrong polling place, but who otherwise are qualified, should not be penalized simply because they came to the wrong place on election day. It's time we eliminate the most common reason for disqualifying affidavit ballots, and I'm proud to sponsor this legislation," said Senator Zellnor Myrie.

"Every eligible voter who casts a ballot should be certain that their vote will be counted. Currently in New York, voters who cast an affidavit ballot at a poll site other than the one they're assigned are disenfranchised, even if they're voting in the correct county. This amounted to nearly 14,000 voters being disenfranchised in the 2020 general election. My bill, A.642-A, would provide a simple fix to allow for all affidavit ballots cast in the correct county to count in the races the voter is entitled to vote in, whether the ballot is cast at the voter's assigned poll site or not. This is a common sense fix that will help ensure that the rights of thousands of voters are protected," said Assemblyman Robert Carroll.

This remedy is not difficult or costly for election officials to implement. Several states have an easy-to-apply system for counting the eligible votes on ballots cast elsewhere. There is no increased risk of foul play-provisional affidavit ballots are never scanned during voting hours. Before being canvassed, officials cross-reference in-person voters and those who recently moved to prevent duplicates.

* * *

About VoteEarlyNY

VoteEarlyNY is a nonpartisan nonprofit created by voting rights advocates to educate and inform the public about New York's voting laws and ensure that much-needed election reforms are implemented responsibly and made accessible to all New York voters. VoteEarlyNY provides rights-based civic education and is working to build a culture of Early Voting among the public that empowers communities, reducing dependence on partisan campaigns and administrators for basic information about our civil rights.

Facebook: @VoteEarlyNY

Twitter: @VoteEarlyNY

Website: VoteEarlyNY.org