Policy Options Brief

Policy Options Brief To: New York State Board of Elections: Peter S. Kosinski, Co-Chair; Douglas A. Kellner, Co-Chair; Andrew J. Spano, Commissioner; Gregory P. Peterson, Commissioner; Todd D. Valentine, Co-Executive Director; Robert A. Brehm, Co-Executive Director From: Lauren McColloch Re: Low Voter Turnout in New York State Date: March 23, 2017 Problem: New York State s Low Voter Turnout Rate Civic participation is the hallmark of Democracy. Voting is the great equalizer, allowing one person one vote. Every two years, American citizens take to the polls to elect their Representatives. This past election, the United States voting-eligible population turnout rate was only 60.2 percent. i Among the fifty states and Washington D.C., New York State ranked as one of the worst turnout states with a rate of 52.4 percent in the 2016 general election ii An even more disconcerting part of this is that New York s voter registration rate has increased 4.6 percent since the previous general election in 2012. iii New York has even lower voter turnout rates during midterm elections: New York dropped from a 75 percent voter turnout rate in 1974 to a record low of 31 percent in 2014. iv In the 2012 general election, just 40 percent of eligible voters age eighteen through twenty-nine cast a ballot, down nine percentage points from the 2008 general election. v Since 1984, no more than 39 percent of eligible voters with less than a high school education have voted in each general election. v Regionally, the Northeast s voter turnout rate for the 2016 general election was significantly higher than New York s 52.4 percent rate. The highest turnout rate comes from Maine at 69.9 percent and the second lowest comes from Rhode Island at 58.8 percent, ii a turnout average of 64 percent among northeast states, excluding New York. New York has consistently ranked near the bottom among all states in voter turnout for elections. vi Low voter turnout should not be taken lightly. Voter turnout rates that remain consistently low, or even decline across time, are symptomatic of New York s current, strict voting process and policies. Problem: New York State s Rigid Voting Process Election cycles in the United States can be an overwhelming and stressful time, like how many American citizens may have felt during the 2016 election cycle. The process of voting should not add to the already stressful situations and days that many American citizens face. At one point in time, voting was as simple as showing up and casting a ballot. Voting should remain this simple, adapting with the times. Though some states like Oregon, Washington, and Colorado seem to 1

show a positive relationship between societal growth and voting procedures, many states have not. New York is one of those states, limited in voting options for its citizens. When voting options are limited because of structural barriers, there is a strong chance that people will choose to forgo voting and not show up at the polls. New York is one of thirteen states, and the District of Columbia, that does not allow early voting. vii Early voting has many benefits. A 2013 study from the Brennan Center for Justice at New York University School of Law, found a variety of benefits to early voting like shorter lines, greater accessibility, and increased voter satisfaction. viii Denying New York residents these benefits and conveniences are not likely to increase voter turnout. Allowing people just one day to participate in such an integral aspect of American freedom and society through voting, is wrong and unnecessary. Similarly, the absentee voting process in New York can be seen as a major deterrent to voting. In a modern world, where everyone has a miniature computer in their pocket and infinite access to information at their fingertips, it is a wonder as to why requesting an absentee ballot isn t as convenient. Currently, to request an absentee ballot in New York, one must print out a form, fill it out, and then send it by post to the board of elections ix. When registering to vote can be done quickly and easily online in the same state, an update to the absentee ballot process needs to be addressed. Millennials, being a technologically engaged cohort that grew up with a lack of civics education in public schools, will soon be the major voting bloc. A complicated snail-mail process has the potential to deter these voters. A dated and unnecessarily complicated absentee voting process does not help with the low turnout of registered voters in New York. Problem: New York State s Closed Primaries A major contributor to low voter turnout in New York is closed primaries. Closed primaries, only allowing for those registered to a party to vote for a candidate, shun a large portion of the electorate. Nationally, 39 percent of voters identify as independent x. In New York, one must change party affiliation in order to participate one year and 25 days before the general election xi. This is not common knowledge and is a major factor in low voter turnout for primaries. In an election year wrought with passion surrounding a traditionally Independent candidate who ran as a Democrat, many voters were left disenfranchised and disillusioned by this policy. Maintaining this policy will not help with voter turnout. This is the New York State Board of Elections mission statement: The State Board of Elections was established in the Executive Department June 1, 1974 as a bipartisan agency vested with the responsibility for administration and enforcement of all laws relating to elections in New York State. The Board is also responsible for regulating disclosure and limitations of a Fair Campaign Code intended to govern campaign practices. In conducting these wide-ranging responsibilities, the Board offers 2

assistance to local election boards and investigates complaints of possible statutory violations. In addition to the regulatory and enforcement responsibilities the board is charged with the preservation of citizen confidence in the democratic process and enhancement in voter participation in elections. xii New York s rank among the fifty states and the District of Columbia as one of the lowest in voter turnout is not reflective of your organization s mission statement. Registered voters who choose to not vote or who are structurally prevented from doing so, are losing faith in the democratic process of voting. The problems addressed above are worth taking the time to address in an effort to promote a healthier voter turnout in future elections and rise among states in the rankings. I am committed to helping the New York State Board of Elections fulfill its mission in the preservation of citizen confidence in the democratic process and enhancement in voter participation in elections. Thank you for your attention on this matter. Policy Option: Same Day Registration Under current New York State law, voter s must register 25 days before a general election. This 25-day deadline is a very restrictive policy that leaves voters who are unaware feeling alienated and disenfranchised come election day. The top five states with the highest voter turnout rate in the 2016 general election are states that have implemented same-day voter registration policy since 2007 and earlier. xiii Currently, fourteen states and the District of Columbia allow same-day registration at the polls. In 2013, Colorado s implementation of same-day registration and other voting reform policies, cut counties election costs by an average of 40 percent from 2008 to 2014 while increasing voter participation. xiv Giving citizens as much access to democratic involvement as possible is necessary to increase and encourage voter turnout rates. Allowing voters to register on election day would uphold the Board of Elections mission to enhance voter participation in elections and preserve citizen confidence in the process. Policy Option: Early Voting New York is one of thirteen states that does not allow early voting. xv Early voting options offer voters flexibility and convenience as incentives to vote. Currently, New York has a no excuse absentee voting policy. Adopting an early voting policy that includes mail-in ballots and inperson voting would eliminate many of the problems New York sees on election day; like long lines, confusion over the ballot, and overcrowding. Early voting policy is a practical way to increase voter turnout rates. Presently, three states offer voting by mail for all elections: Washington, Oregon, and Colorado. Upon implementation, both Oregon and Washington saw an increase in their voter turnout rates. 3

In Oregon, turnout rates increased by ten percentage points from 1998 to 2002 and in Washington by 6.7 percentage points from 2006 to 2010. iv Mail-in ballots are sent to every registered voter automatically, removing the usage of an absentee ballot, and can be mailed in or dropped off in person at a designated drop-box location. The New York State Board of Elections should implement early voting options such as mail-in ballot and opening polling sites up to four weeks before election day. This will make voting more convenient and structural accessible, as well as take undue stress off voters. With robust early voting options, voting in-person on election day will likely improve in efficiency, pleasantness, and turnout. Policy Option: Open Primaries In the 2016 primary election, New York had a low voter turnout rate of 21.2 percent. i Having closed primaries that require party registration before voting, benefits only the parties on the ballot while abandoning the independent voter. A closed primary is set up for the good of the Democratic and Republican parties, not the voter. To correct this and move in the direction of the Board of Elections mission, New York should adopt an open primary policy. Open primaries are voter-oriented. New York should allow voters to choose which party s ballot to vote on during primary voting hours. If voting remotely, voters should be sent a party ballot request option before receiving and casting their primary ballot. In-person voting should offer the same option to vote on any party s ballot. More states than not are adopting an open primary policy and all except one of those states had a higher voter turnout than New York. In fact, New York had the third lowest voting turnout for the 2016 primaries, just above Idaho and Louisiana. xvi Implementing an open primary policy would remove the wily policy of having to register as a democrat or republican one year and 25 days before the general election, which was October 9, 2015 for this past election. This is an underhanded policy that excludes many independent voters from participating. Nationally, thirty-nine percent of voters identify as an independent. x With tricky registration policy like the current one, New York state is furthering the feelings of disenfranchisement and lack of excitement surrounding the democratic process to many independents. To be more voter-oriented, New York should overturn this law and replace it with an open primary policy. I am committed to helping the New York State Board of Elections fulfill its mission in the preservation of citizen confidence in the democratic process and enhancement in voter participation in elections. Thank you for your attention on this matter. 4

i "2016G - United States Elections Project". Electproject.org. N.p., 2017. Web. 20 Feb. 2017. ii United States Elections Project. "Preliminary Voter Turnout as a Share of Eligible Voters in The 2016 United States Presidential Election, by State." Statista - The Statistics Portal, Statista, www.statista.com/statistics/632113/2016-us-presidential-election-voter-turnout-by-state/, Web. 19 Mar 2017 iii "2016 Voter Turnout Analysis Voter Turnout". Scribd. N.p., 2016. Web. 19 Mar. 2017. iv Stringer, Scott M. "Barriers To The Ballot: Voting Reform In New York City". N.p., 2016. Web. 20 Mar. 2017. v "Voter Turnout Demographics - United States Elections Project". Electproject.org. N.p., 2017. Web. 20 Feb. 2017. vi "Voter Turnout Data - United States Elections Project". Electproject.org. N.p., 2017. Web. 20 Feb. 2017. vii "Absentee And Early Voting". Ncsl.org. N.p., 2016. Web. 20 Feb. 2017. viii Kasdan, Diana. "Early Voting: What Works Brennan Center For Justice". Brennancenter.org. N.p., 2016. Web. 20 Feb. 2017. ix "Absentee Voting". Board of Elections. N.p., 2016. Web. 20 Feb. 2017. x Sago, Renata. "Sick Of Political Parties, Unaffiliated Voters Are Changing Politics". NPR.org. N.p., 2016. Web. 20 Feb. 2017. xi Roth, Zachary. "Why Does New York Make It So Hard To Vote?". MSNBC. N.p., 2016. Web. 20 Mar. 2017. xii "About The New York State Board Of Elections". Board of Elections. N.p., 2017. Web. 20 Feb. 2017. xiii Sauter, Michael. "States With The Highest (And Lowest) Voter Turnout". 247wallst.com. N.p., 2016. Web. 21 Mar. 2017. xiv "Colorado Voting Reforms: Early Results". N.p., 2016. Web. 21 Mar. 2017. xv "Absentee And Early Voting". Ncsl.org. N.p., 2017. Web. 20 Mar. 2017. xvi Rocket, Molly, and Austin Plier. "2016 Presidential Primary Voter Turnout Analysis To Date - Fairvote". FairVote. N.p., 2016. Web. 20 Mar. 2017. 5