NEW YORK STATE ASSEMBLY

1997 ANNUAL REPORT

Committee on Election Law

Sheldon Silver
Speaker

Stephen B. Kaufman
Chairman

Stephen B.Kaufman Assemblyman 82nd District

THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIRMAN Election Law Committee COMMITTEES Judiciary Housing Insurance Overight, Analysis & Investigation

Honorable Sheldon Silver
Speaker of the Assembly
New York State Assembly
State Capitol
Albany, New York 12248


Dear Mr. Speaker:

It is with great pleasure that I present to you the 1997 Annual Report of the Assembly Standing Committee on Election Law.

In 1997, the Election Law Committee had a active and successful session. We will now be better able to compensate NYC poll workers for their long hours and dedicated work. Many poll workers travel to distant polling places very early in the morning, and work very hard all day. Additionally, the increase in pay will encourage more individuals to work at the polls.

The year 1997 had other highlights as well. We were successful in mandating that after the assignment of numbers by the Board of Elections for candidates who have the same or similar names, such candidates' names shall, thereafter, appear in the identical order on each ballot in each election district.

I am also proud to report that the Committee initiated legislation which clarified and updated several sections of the election law. In addition, we adopted laws of local importance, revising procedures for the election of police commissioners of the Port Washington police district and changing the hours for voting at primary elections in Ulster County.

We will continue to attempt to reduce the costs of running local elections and the costs of conducting elections by amending provisions of the Election Law to reflect the computer age.

Looking forward to 1998.

Sincerely,
Stephen B. Kaufman
Chairman
Election Law Committee
Chairman

1997 ANNUAL REPORT
of the
New York State Assembly
Standing Committee on Election Law

Stephen B. Kaufman
Chairman

MEMBERS

STAFF
Daniel P. Conviser, Legislative Coordinator
Stanley Schlein, Senior Counsel
Laurie Barone, Committee Assistant
Joann D. Butler, Program and Counsel Secretary

TABLE OF CONTENTS

III. 1997 COMMITTEE INITIATIVES WHICH PASSED THE ASSEMBLY BUT WERE NOT CONSIDERED BY THE SENATE

A. Requires the state board to state its reasons for not opening , or for closing an investigation (A.755-a, Destito)

Requires the state board to state its reasons publicly for not opening, or for closing an investigation and to state the reasons for adopting any new rule or regulation.

Complainants at the state board are rarely informed as to the dispositions of their complaints. If an investigation is started by the board, and then closed, the board does not disclose the reasons for doing so. This damages confidence in the board. Both the public and interested parties have the right to know why no action will be taken by the state board.

B. Corrects technical errors and define terms in a bill providing for voting by victims of domestic violence (A.1338, Gromack)

This bill would correctly place the section in Article 11 of the Election Law and cross reference the current definition of "victim of domestic violence" contained in the social services law.

Chapter 702 of 1996, permits victims of domestic violence who have fled the family residence because of danger to themselves or members of their families to cast their votes at the Board of Elections by paper ballot, rather than being required to appear at the polling place, where their abusers might be able to stalk them. However, the bill did not contain definitions of domestic violence or family members. This chapter amendment clarifies that domestic violence includes such things as "harassment" and "menacing" as well as actual physical abuse. The definition of family members is clarified to include ex-spouses, the parents of a child and residents of the same household.

C. Requires campaign finance information of certain candidates or committees to be filed on an electronic reporting system (A.2415, Galef)

A.2415 amends the Election Law to require the state Board of Elections to adopt an electronic reporting system by January 1, 1999 for candidates and campaign committees. Well-funded campaigns, those with candidates or committees raising or spending more than $50,000 in a calendar year, will be required to file electronically. The bill requires the Board to provide guidelines for electronic filing, a training program on the filing process, and access to all data on the Internet.

New York State's system of campaign finance disclosure and enforcement is one of the most ineffective and inefficient in the country. Compiling and disclosing contribution and spending data on hard copy makes it virtually impossible to cross-reference donors and enforce the law. Reviewing files at the Board of Elections can be a nightmare: reports often are not filed on time and those that are filed tend to be incorrect, incomplete or illegible.

The Federal Elections Commission and 30 campaign finance agencies throughout the country have significant computerization programs for campaign finance data. The New York City Campaign Finance Board has a computerized program of easily accessible data that is a national model.

NOTE: The 1997-98 State Budget includes slightly over $200,000 to computerize campaign finance records in state elections beginning in 1999.

The budget also includes $2,000 for the State Board of Elections to get the computer system installed. Any candidate who raises over $1,000 would have their record subject to computerization.

D. Establishing the New York fair campaign code (A.2504, Harenberg)

This legislation establishes a new Fair Campaign code which expressly prohibits specific illegal campaign practices, namely, political espionage, subversion, deliberate misrepresentation of a candidate's affiliations or endorsements, and deliberate misrepresentation of opinion polls relating to a candidate's election. Detailed provision is made for the use of public opinion polls and endorsements, and the State Board of Elections is empowered to regulate and even prohibit their use where compliance with the statutory authorization procedure is found lacking. The legislation further empowers the State Board of Elections to regulate campaign practices and investigate any alleged violations of the Code. The legislation further empowers the Board has the authority to impose fines of up to $1,000 upon a finding of illegal campaign practices made on clear and convincing evidence; however, any such finding by the Board may only be made after a hearing by the Board in which the alleged violator will be afforded a reasonable opportunity to be heard and present and examine witnesses. Lastly, the legislation provides that any action or decision of the State Board of Elections pursuant to the provisions of this Chapter may be contested in a proceeding instituted in the Supreme Court by any aggrieved candidate or by any person upon whom a penalty was imposed by such State Board of Elections or by any person who filed a complaint upon which such decision or action was taken.

E. Requires more expeditious investigations by the state board of elections (A.2907, Kaufman)

This bill requires the state board to determine whether or not to begin an investigation within four months after receiving a complaint and to make a final determination within eight months after the investigation has begun.

This legislation will force the board to investigate matters expeditiously, instead of letting evidence become stale or disappear. It will also force the board to make a final determination in a timely manner instead of delaying decisions in the hope that the complainant will disappear.

F. When statements of campaign receipts and expenditures statements shall be deemed timely filed (A.2908, Kaufman)

This bill insures that financial disclosure reports will be received by the board of election and available for public inspection in a timely manner.

Allowing reports to be deemed filed when mailed means that the required financial disclosure reports are often not received by the board of elections for several days after they are due. This problem is especially acute on the reports due in the last two weeks before an election, where the reports rarely arrive at the board until just before election day, thereby denying the voter information upon which to base his/her choice on election day. This bill will eliminate that problem, will enable the statute to achieve its original intent and aid in the dissemination of information about a candidates campaign receipts and expenditures in a timely manner.

G. Improving assistance to local boards of election by the state board of elections (A.2909, Kaufman)

Requires an examination of the procedures of every local board of elections by the state board at least once every two years and to required the state board to issue a report making specific recommendations within sixty days after completing the examination.

The local boards of elections conduct elections and maintain the rolls of voters in New York State. If they fail to operate within the law, or they operate inefficiently, they hurt public confidence in the system, which could diminish voter turnout. One of the state board's primary functions is to improve operations at local boards of elections. This bill will push the state board to do its job efficiently and expeditiously.

H. Requiring the use of express mail for filing campaign receipt and expenditure statements due within fifteen days of any election (A.3209, Rules, Kaufman)

Insures that financial disclosure reports due within the last fifteen days before an election be received by the board of election as quickly as possible.

The use of regular mail for financial disclosure reports due in the last fifteen days means that the required reports are often not received by the board of elections until just before election day, thereby denying the voter information upon which to base his/her choice on election day. The use of express mail and faxes will enable the statute to achieve its original intent and aid in the dissemination of information about a candidates campaign receipts and expenditures in a timely manner.

I. To eliminate the housekeeping exemption to contribution and receipt limitations (A.3498, Genovesi)

Currently, there are no limits on contributions to housekeeping accounts. This bill would have allowed parties to have only one account and it would be subject to the contribution and receipt limitations.

Monies given to a housekeeping account go to maintaining a political party's staff and headquarters. Since this money is so used, it is for a political purpose anyway, and all these contributions should come under the contribution and receipt limits of the law.

J. To make contribution limits apply to party and constituted committees (A.3842, Rules, Kaufman)

Unlimited transfers between party and constituted committees has led to an enforcement and disclosure nightmare. Because these monies become fungible through several simultaneous and continuous transfers the public has no knowledge of who the actual contributors are to a party or a campaign. This prevents an informed electorate and creates an impossible paper trail to follow to see if contribution limits have been violated.

K. Insures the timely filing of statements by constituted and party committees (A.3843, Rules, Kaufman)

This bill would require party and constituted committees to file within twenty-four hours of the deadline to file their campaign financial disclosure forms and mandates the appropriate board of elections to proceed with a court action to compel the filing.

There is no excuse for party and constituted committees filing financial disclosure forms late. In fact, since most campaigns are funded through these committees, late filings deprive the public of information as to who and what interests are supporting the various campaigns, and deprive voters of information crucial to making an informed choice.

L. Limits the number of party committees that a party can form (A.3844, Rules, Kaufman)

This bill restricts the number of party committees for campaign finance purposes that can be created by the rules of the party.

The development of multiple party committees has become a new method of avoiding contribution limits to political parties. This abuse allows virtually an unlimited number of contributions of $69,900 to be made, which frustrates disclosure, the intent and the spirit of the campaign finance law. It leads the public to think that political parties are for sale and destroys confidence in the electoral process. This bill restores the original intent and purpose of party committees and closes the loophole.

M. To extend the deadline for receipt of absentee, military and special federal ballots (A.4314, Sidikman)

Provides that absentee, military and special federal ballots shall be counted if they are received up until the fourteenth day after a general election provided that they are post-marked not later than the day before the election.

Because of the long time it takes mail from distant parts of the world to reach this country, many ballots (especially military ballots) which are mailed on time by the voters do not reach the Board of Elections by the present deadline. It is not feasible to extend the deadline for primary and special elections, because the results must be certified quickly. One of the results of enactment of the National Voter Registration Act will be a large increase in the number of valid affidavit ballots which will take the Board of Elections a lot longer to count. Since the Board will still be counting other ballots two weeks after the general election, there is no reason not to count these otherwise valid, but late arriving, absentee and military ballots.

N. Requires the State and City Universities of New York to provide voter registration forms upon requests of classes (A.5166, Dinowitz)

This bill would provided that student voter registration occur on campus at all SUNY and CUNY establishments.

Individuals, aged 18 to 30, have been labeled " Generation X" (defined as apathetic and accused of not participating in the electoral process). Unfortunately the original Motor-Voter bill passed by the legislature fell short of delivering Motor-Voter access for many of this age group. Many 18 to 30 year old students are not a special interest group, nor do they desire to become one. The Student Voter's Rights Act would include SUNY and Cuny as "Motor-Voter" agencies. SUNY and CUNY are "taxpayer funded", no different than the current 16 Motor-Voter agencies. The State has a responsibility to encourage participation in the electoral process.

O. Requiring the Nassau County Board of Elections to establish computer generated registration lists and computer readable registration records (A.5983 Sidikman)

Last year prior to the November elections the State Board of Elections warned Nassau County that their antiquated operations could hinder an possibly even jeopardize voting in future elections. The major concern comes from a change in state law that eliminates the requirement that signers of nominating petitions designate their election and Assembly districts. Without computerization it will be virtually impossible for the Board of Elections or any candidate to check the validity of the signatures. Nassau is one of only two counties in the state not to have computerized its voter registration rolls.

P. Increases the total number of voters permitted to be consolidated for primary special elections (A.7890 Rules, Canestrari)

This bill would increase the minimum number of voters who may be consolidated from 100 to 500 and increase the cap for consolidation from 500 to 800 voters. This bill pertains only to counties outside the City of New York.

The new technology of digitized polling books allows for the easy processing of an increased number of voters. This bill will alleviate the increasing difficulties of finding a sufficient number of election inspectors and will allow smaller counties much needed flexibility in conducting elections.

APPENDIX A

SUMMARY OF ACTION ON ALL BILLS REFERRED TO
THE COMMITTEE ON ELECTION LAW
1997 SESSION

APPENDIX B

1997 CHAPTERS

BILL NUMBER	SPONSOR	DESCRIPTION	CHAPTER NUMBER
A.1864	Lopez	Provides for placement on ballots in N.Y. city of candidates having identical or similar names	121
A.3793	Farrell	Makes it clear that party rules may authorize the executive committee of the county committee to make the party's recommendation for the Election Commissioner	453
A.5635	Stringer	Requires that loans in excess of one thousand dollars made before election but after the last reporting date prior thereto be reported within 24 hours after receipt	109
A.5974a	Pheffer	Increases compensation of poll workers	545
A.7782	Rules	Revises procedures for the election (DiNapoli) of the police commissioners of the Port Washington police district	310
A.7887	Rules	Contribution limits for New York City (Bea) board of estimate elections	128
A.7888	Rules	Eliminates the required notice to a (Klein) voter who has died that their voter registration is being cancelled	94
A.7889	Rules	Makes certain false statements (Dinowitz) relating to election petitions by notaries public and commissioners of deeds, misdemeanors	129
A.7895	Rules	Sets hours for voting at primary (Gunther) Elections within Ulster County to be From noon until 9 p.m.	132