New York Attorney General Letitia James issued new guidance Tuesday on voters' rights, language assistance and protections against intimidation before the Nov. 3 general election. Early voting begins Oct. 24, when her office will also open a hotline for election problems.
The attorney general's guidance applies statewide, including the Finger Lakes. James also sent a letter to county election boards and law enforcement agencies about their responsibilities at polling places. She urged voters who encounter intimidation or efforts to prevent them from voting to report them to her office.
Dates and ways to vote
Oct. 24 is the last day to register to vote and to request a mail ballot online or by mail. In-person early voting runs from Oct. 24 through Nov. 1. Outside New York City, voters may use any early voting site in their county; their county board of elections or the state poll-site lookup can provide locations.
Nov. 2 is the final day to request a mail ballot in person from a local board of elections. Polls will be open from 6 a.m. to 9 p.m. on Election Day, Nov. 3. Anyone in line when the polls close has the right to vote.
Mail ballots must be postmarked by Nov. 3 and received by the county board of elections by Nov. 10. James' office cautioned that a ballot dropped in a mailbox may not receive a U.S. Postal Service postmark for a day or more. It urged voters to mail ballots early or deliver them in person to their county election board, an early voting site in their county or an open county polling place by 9 p.m. Nov. 3.
An early mail ballot requires no reason. Absentee ballots are available to eligible voters who, for example, will be away on Election Day, cannot appear because of illness, disability or caregiving, or are confined for a reason other than a felony conviction, according to the office's voting-options guide.
Identification, privacy and help at the polls
New York does not require voters to show photo identification at the polls. A first-time voter in a district who did not provide identification when registering may be asked by election officials to verify a name and address with a photo ID or another qualifying document, such as a current utility bill, bank statement, paycheck or government document. A voter without one can still cast an affidavit ballot. Poll watchers and observers cannot demand a voter's ID or proof of citizenship.
A voter whose name is missing from the voter list but who believes they are eligible and at the correct site can ask for an affidavit ballot. Election officials count it after confirming eligibility and address, the guidance says. Voters also have a right to cast a private ballot: others may not position themselves to see their choices or stand within three feet of a ballot scanner, marking device or privacy booth while it is in use.
Voters who need help because of a disability or difficulty reading or writing English can bring a trusted person into the booth. That helper need not be a citizen or registered voter and may be a family member, friend or minor, but cannot be the voter's employer, the employer's agent, or an officer or agent of the voter's union. Poll workers from different political parties or a designated interpreter may also help. Some local governments must provide translated election materials and oral language assistance; voters can ask their county election board what is available or email votinglanguage@ag.ny.gov.
Voters with disabilities can request reasonable accommodations at polling places, including assistive equipment or help if they cannot stand in line for long periods. An accessible mail ballot can be marked with the voter's own assistive technology and returned in a postage-paid envelope, the attorney general's office said.
People held in jail while awaiting trial, incarcerated for a misdemeanor, on parole or on probation may vote if otherwise eligible. People released from prison after a felony conviction may vote but may need to register again. Those currently incarcerated for a felony conviction cannot vote.
Intimidation and election observers
State and federal law prohibit threatening, coercing or obstructing voters. James' guidance lists examples that may be illegal, including harassing people in line, following voters, photographing them in unauthorized areas, aggressively challenging voters to create delays, impersonating officers and spreading false claims about consequences for voting. Campaigning is barred inside polling places and within 100 feet of their entrances. Bringing a firearm to a New York polling place is a felony.
Authorized poll watchers may observe and raise appropriate challenges to eligibility, but may not interfere with voters, campaign, tamper with materials or follow someone to a privacy booth or scanner. They must have written appointments from a qualifying party, candidate or ballot-proposal committee and present their certificates to election inspectors.
The U.S. Department of Justice has announced plans to send election monitors to polling places nationally and may send them to New York, the guidance says. It does not say any have been assigned to a New York location. Such monitors cannot demand identification, challenge voters or direct poll workers. James' letter also reminds officials of federal restrictions on stationing troops or armed federal officers at polling sites and of state limits on granting immigration officers access without a valid judicial warrant or court order.
The attorney general's Election Protection Hotline will operate Oct. 24 through Nov. 4 at 866-390-2992. Voters can also submit a complaint online. Anyone witnessing conduct that may be dangerous or violent should call 911 immediately.
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