Common Cause/NY Testifies to NYC Council on 2024 General Election, Preparation for Upcoming June Primaries

NEW YORK, NY (12/05/2024) (readMedia)-- Yesterday, Common Cause New York Executive Director Susan Lerner testified before the New York City Council Committee on Governmental Operations' hearing about the Board of Elections' (BOE) 2024 general election performance and ongoing preparations for the upcoming June 2025 primary elections. Her testimony concluded the 2024 election went "relatively smoothly" but highlighted several persistent issues voters faced and potential changes for ahead of the June 2025 primary elections. The full testimony, as written, is attached and below.

In her testimony, Lerner states that "unfortunately, the problems we saw in New York City were familiar." These issues included, "many reports of electioneering in South Brooklyn and in Queens, sometimes being conducted by poll workers" and "lack of translators in poll sites where they are needed," among other smaller issues like busy poll sites running out of supplies.

Lerner also highlighted two long-standing efforts of Common Cause/NY, including the need for "extensive coordination between the different city agencies and the BOE on voter education, with a particular emphasis on uniform messaging in RCV education." She also urged the Council to, "ensure that the Rules Committee conducts a full and thorough public vetting of the nomination of Frank Seddio to the NYC BOE and work with that committee to reject the nomination."

Her testimony made several recommendations to the Council to ensure a more seamless voting experience in the June 2025 primary elections, including the continued professionalization of the NYC BOE by providing assistance in recruiting and assigning translators, as well as exploring an online refresher for poll workers. Her testimony also cites several pieces of legislation under consideration by the Council (Ints. 293, 441, 565, 1111 and Res. 189) that Common Cause/NY supports.

Background

For nearly a decade, Common Cause New York has worked to improve New York's elections. As a founding organization of the Let NY Vote Coalition, Common Cause/NY helped to pass major election reform in the State Legislature that has transformed the way in which New Yorkers vote and we were instrumental in introducing Ranked Choice Voting to New York City. We maintain regular communications with the Boards of Elections throughout the state and appreciate the increased professionalization of the New York City Board of Elections staff.

Common Cause/NY is also the lead organization for the national, non-partisan Election Protection program in New York. The coalition, which is composed of more than 300 national, state and local partners, works year-round to ensure all voters have an equal opportunity to vote and have that vote count. This year, Common Cause/NY placed hundreds of trained nonpartisan volunteers at polling places both in New York City and in selected areas across the state.

Testimony from Common Cause New York Executive Director Susan Lerner:

Thank you for the opportunity to testify today. I am Susan Lerner, Executive Director of Common Cause NY. Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process. We have thousands of members and activists in New York City. Improving our elections in New York has been a priority for our organization for nearly a decade. As a founding organization of the Let NY Vote Coalition, we have helped to pass major election reform in the State Legislature that has transformed the way in which New Yorkers vote and we were instrumental in helping to introduce Ranked Choice Voting to New York City. We maintain regular communications with the Boards of Elections throughout the state and appreciate the increased professionalization of the New York City Board of Elections staff.

Common Cause NY is the lead organization for the national Election Protection program in New York. Made up of more than 300 national, state and local partners, the national, non-partisan Election Protection coalition works year-round to ensure all voters have an equal opportunity to vote and have that vote count. Election Protection provides Americans from coast to coast with comprehensive information and assistance at all stages of voting – from registration, to absentee and early voting, to casting a vote at the polls, to overcoming obstacles to their participation. Here in New York, we work with numerous partner organizations, including the New York Civic Engagement Tables, the New York State League of Women Voters, the Jewish Community Center (JCC), Emgage USA, the NYU Law Student Group, NENBLSA (Northeast National Black Law Students Association), the Workers Circle, the Chinese-American Planning Council, the New York Civil Liberties Union (NYCLU), the Long Island Progressive Coalition, and Generation Vote. This year, we placed almost 400 trained nonpartisan volunteers at polling places both in New York City and in selected areas outside the city.

Election Administration in 2024 and 2025

Generally, this election went relatively smoothly, with fewer long lines than in 2020. Unfortunately, the problems we saw in New York City were familiar. We received many reports of electioneering in South Brooklyn and in Queens, sometimes being conducted by poll workers. In every single presidential election since 2012 we have received reports of poll workers who tell voters who to vote for or, most perplexing in its constant repetition in each cycle, telling voters in the general election that they can only vote for candidates running in the same party they are registered in. More emphasis needs to be placed on training poll workers on how to deal with prohibited electioneering. Occasionally, a busy poll site ran out of supplies, such as pens 2 and registration forms.

Another frequent repeating complaint is lack of translators in poll sites where they are needed. We understand that recruiting translators is a challenge, but would like to see the compensation provided increased, in an effort to make recruiting of translators easier for the BOE. Our volunteers reported that voters in polling places that did not have translators on site were instructed to call a free translation service but observed that that suggestion did not work for voters trying to fill out their ballots. Another persistent problem is poor or inadequate signage. Too frequently, our non-partisan volunteer monitors reported that the signage at polling places was limited, misplaced or not visible. Polling places in large buildings with multiple entrances too frequently have signage outside the entrance most directly leading to the polling place, but not placed at other entrances or sides of the building to assist voters in finding the correct entrance. Often, if a polling place is not visible from the street, there is not signage at the street assisting voters in finding the polling place. The NYC BOE has made excellent progress in helping coordinators understand how to more efficiently set up their polling place, leading to an improved voter experience and fewer overlapping lines. A similar emphasis should be placed on improved and expanded placement of signage outside the polling place. The BOE should redesign the required signage, to increase the number and size of signs, using larger print. An additional problem was lack of adequate signage in languages other than English. This was a particular problem in neighborhoods with substantial Chinese speaking voters, where voters who have limited English proficiency were confused and wandering around trying to find the entrance to the polling place. The NYC BOE should make more extensive provision for signs in multiple languages, particularly in neighborhoods where translators are required.

This year, we received repeated complaints about the difficulty of getting the scanners at poll sites in Queens to read and accept ballots. Voters had to reinsert their ballots multiple times to have them accepted and read by the machines, an experience which made voters nervous and raised questions whether their ballots would be counted. We assured voters that, whether or not it took extra time to have the scanner accept and read their ballot, once the scanner screen indicated that the ballot had been read, their vote was cast and would be counted. This problem was limited to Queens. We did not receive significant complaints of anything similar in the other boroughs.

We received one report of a fire alarm going off and the fire department responding at a polling place on E.123rd St. The issue appeared to be resolved relatively quickly. We support state legislation which would extend a polling place's hours for the length of time that polling place was unavailable due to a reported or actual threat, such as a fire or bomb threat.

In looking forward to the 2025 elections, we hope that the BOE can receive assistance in recruiting and assigning translators and that training for poll workers – a long-standing concern – can be improved. We would like to see the BOE explore an online refresher for poll workers between the primary and general elections, an increased emphasis in the training on more extensive placement of signs outside the polling location as well as more emphasis on addressing electioneering, both within the poll site and within the 100 foot electioneering zone. Although we did not conduct a citywide survey, we did receive reports that the BOE followed NYC law and placed informational signs at the site of past polling places where the poll site had been relocated. Perhaps a city law setting a minimum standard for signage at polling places would be useful.

Importantly, in preparing for the June, 2025 primary, we would like to see extensive coordination between the different city agencies and the BOE on voter education, with a particular emphasis on uniform messaging in RCV education. Voter education is shared between the Campaign Finance Board, the Civic Engagement Commission and, to a more limited extent, the BOE. It has been our experience that it is difficult to coordinate with the CFB on its messaging, sometimes resulting in different terms used by the BOE and the CFB in voter education material describing the same functions with the Civic Engagement Commission playing catch up. The Council should use its oversight responsibilities to ensure that the city agencies collaborate productively on educating voters on RCV and other aspects of voting in anticipation of the important 2025 municipal elections. This should take place now, before materials are prepared and public money expended.

We also strongly support continued professionalization of the New York City Board of Elections. The recent certification of 15 BOE staff members as Election Administrators is an important step in the right direction. We urge the Council to do everything possible to encourage further professionalization, including refusing to approve the appointment of commissioners who are former or current political party county chairs. Common cause NY has long supported state legislation which would prohibit county chairs from serving as election commissioners. In New York City, voters have long suffered the consequences of centering candidates and political parties, rather than voters , in our election administration. Recently, we have seen a significant improvement and professionalization of the NYC BOE, with an increase in the effective election administration which results in fewer long lines and fewer problems for voters. While voters still experience occasional problems, we believe the NYC BOE has improved its administration over the last several years. Allowing former political party chairs to serve as a commissioner once again centers candidates and parties as most important, sending the wrong message to voters. This committee should ensure that the Rules Committee conducts a full and thorough public vetting of the nomination of Frank Seddio to the NYC BOE and work with that committee to reject the nomination.

Support for Legislation Under Consideration

Int 0293-2024 - Common Cause is concerned with the impact of deepfake political advertising and the confusion and cynicism it engenders among voters, as well as the harm to candidates and campaigns. We have vigorously supported legislation to address the danger in the New York Legislature, as well as in other states. Intro 293 is a step forward in dealing with the inherent threat posed by deceptive deepfake ads. However, it is limited in its approach. We support authorizing candidates to obtain injunctive relief when falsely depicted, but usually as part of a more comprehensive approach which includes disclosure requirements for AI-generated ads. Voters, as well as candidates should be afforded protection. AI-generated ads for New York City campaigns should be required to provide the following disclosure:

Int 0441-2024 – Common Cause NY supports the impetus behind this bill. We would like to learn from the Board of Elections whether assigning codes to each of the 32 districts and additional 2 citywide districts is administratively efficient.

Int 0565-2024 – Common Cause NY vigorously supports this bill. However, we strongly suggest that the bill be amended to require the Campaign Finance Board to consult with the NYC Board of Elections, the agency which has the statutory authority over voter registration, regarding the guideline for procedures to be followed by domestic violence survivors to ensure the confidentiality of their registration information. Confusion and frustration for the survivors can be avoided by requiring that the CFB consult with the NYC 4 BOE to ensure that the guidelines it produces actually comports with the procedure followed by the NYC BOE. The ENDGBV will also need accurate information from the NYC BOE to be sure that the assistance it renders will result in documentation that is acceptable to the NYC BOE.

Int 1111-2024 – This is a simple and straightforward fix to an issue which can arise in periods like the current one in which inflation is occurring. We support this intro.

Res 0189-2024 - Common Cause NY strongly supports this resolution. Voter fatigue is a persistent problem in New York, where voters are faced with too many elections. In addition to the obvious cost savings from consolidating elections, we know that one of the most effective ways to increase voter turn-out for municipal elections is to move those elections from odd years to even years.

Res 0322-2024 - Common Cause NY supports expanding the languages that voters in Queens County receive relevant information into include Punjabi and Hindi. We support A.642/S.1215, but would like to see the bill provide funding for the NYC Board of Elections to satisfy its requirements fully.