Plugged In @ Hinman Straub

January 17, 2023

What’s Inside

  • Senate Passes Elections Reform Package
  • Downstate Nurse Strike Ends
  • Hearing on Court of Appeals Nominee Scheduled for Next Week
  • New Chair of Senate Republican Campaign Committee Announced
  • U.S. Supreme Court Allows Enforcement of New York Gun Law
  • Political Updates
  • Coming Up

Senate Passes Elections Reform Package

The Senate began session in trademark fashion by passing a number of election reform bills. There are a number of election bills still remaining to pass as session was cut short on Tuesday in order to attend the Governor’s State of the State address. Among the bills passed so far include the following:

S.136 KruegerIncreases compensation of election inspectors

The bill would increase compensation of election inspectors operating outside of New York City to no less than $300 per day. Previously, compensation for elections inspectors operating outside of New York City was set by the county legislative body at no less than $130 per-day. The bill also sets the per-day rate for coordinators within New York City at $350 per-day, an increase of $150 per-day. The bill also increases reimbursement for required trainings at $50, up from $25.

S.242 MayEstablishes portable polling locations for early voting

The bill would allow counties the option to establish two or more locations for portable polling places for early voting, which must be operative for no fewer than three consecutive days and that will not replace or otherwise decrease the mandated number of regular early voting polling places.

S.263 Stewart-CousinsProhibits deceptive practices and the suppression of voters

The bill creates the crime of deceptive practices in relation to elections. Under the bill, knowingly spreading deceptive information aimed at interfering with others’ right to vote would become a misdemeanor offense. The bill also makes it a crime to suppress the voting rights of others, or to force them to vote for or against a particular candidate. Any individual convicted of the misdemeanor of deceptive practices a second time is guilty of a class E felony, and for any subsequent convictions of the same crime the individual is guilty of a class D felony.

S.350 JacksonRelates to legal challenges to the constitutionality of provisions of the election law

The bill requires constitutional challenges to the election law, and any related statutory claims to be brought in the following courts depending on the judicial department in which at least one plaintiff is located:

  • First judicial department: New York county;
  • Second judicial department: Westchester county;
  • Third judicial department: Albany county; or
  • Fourth judicial department: Erie county.

S.585 MayRelates to the removal of an election commissioner

The bill will provide the State Board of Elections with the ability to remove commissioners in an instance where a county commissioner violates or neglects their duties or the state’s election laws. Currently, only the Governor is authorized to remove a county commissioner in such scenarios.

S.587 ComrieMandatory training curriculum for poll workers

Requires the state board of elections to develop and provide to each county materials for a model poll worker training program which the counties may use to train individuals to serve as poll workers in state and county elections.

S.609 Hoylman-SigalSplit shifts for election inspectors or poll clerks

Authorizes boards of election to offer split-shifts to poll clerks, allowing poll clerks to work half of an election day.

S.610 Hoylman-SigalAuthorizes absentee ballot drop-off locations

Authorizes local Boards of Elections to establish absentee ballot drop-off locations and provides that

absentee ballot envelopes may be deposited in an absentee ballot drop box established by the Board of Elections of the county or city of the voter’s residence. The bill also deems an absentee ballot received by a local Board of Elections if it is deposited in an absentee ballot drop box before the close of polls on election day.

S.611 MayerMakes commissioners full time employees of the board

This bill would require boards of elections commissioners be full time employees.

S.612 MayerProhibits conflicts of interest among board of elections employees

This bill would ban board of elections engaging in a trade or business activity which creates or may tend to create an actual or potential conflict of interest and requires board of elections employees to take a leave of absence when running for an office supervised by the board at which they are employed during their candidacy.

S.613-A MyrieRelates to income earned by election inspectors, poll clerks, or election coordinators

Subtracts from the federal adjusted gross income any income earned by election inspectors, poll clerks, or election coordinators earned while working in relation to a general, primary, run-off primary, or special election and exempts such income from being included in the calculation of the amount of benefits under public assistance programs.

S.614 MyrieRelates to election commissioners and deputy commissioners holding a publicly elected office

Prohibits election commissioners and deputy election commissioners from holding a publicly elected office or from being the respective chair of the county democratic or republican committees.

S.616 MyrieRelates to furnishing money or entertainment to induce attendance at polls

Authorizes the furnishment of items of nominal value to voters waiting in line to vote, including but not limited to snacks, water, soft drinks, or other refreshments.

S.617 MyrieRelates to mandatory training curriculum

Requires election commissioners, and other staff as determined by NYSBOE, to complete a course of instruction within 6 months of their appointment. It also requires election commissioners, and other designated staff, to complete continuing education on an annual basis.

S.619 KruegerRelates to the exercise of powers and duties of the board of elections of the city of New York and its executive management

This bill would delineate the various responsibilities of the New York City commissioners of the board of elections, and provide clear powers, responsibilities, and duties for the executive director. The bill reduces the number of elections commissioners and creates a process for their appointment and bestows additional responsibility to the executive director in running operations of the board.

S.657 MyrieRegulates public data maintained by county and city boards of elections

This bill would create a New York State Voting and Elections Database and Institute which would compile New York’s election data and administer it for research and to provide assistance to political subdivisions as well as the public.

 

Majority Leader Andrea Stewart-Cousins said:

I’m proud of the tradition we’ve started as a Senate Majority to have our first day of session improve our democratic process and pay homage to the voters of this state who have elected us to these positions. I’m proud to be the sponsor of legislation today that will make voter suppression a criminal offense. While sometimes voter suppression occurs subtly, oftentimes the effort is much more pronounced and widespread. Disenfranchisement cannot exist in New York, and my bill, along with the other important pieces of legislation being passed today will continue to modernize our electoral system and create a fairer and more transparent system.

Downstate Nurse Strike Ends

The New York State Nurses Association union reached an agreement with Mount Sinai Health System and Montefiore Health System this week ending a three-day strike. The nurses pointed to staffing shortages leading to burnout, hindering their ability to properly care for their patients.

The union said the deal will provide enforceable “safe staffing ratios” for all inpatient units at Mount Sinai and Montefiore. Montefiore said the agreement also includes 170 new nursing positions, a 19% increase in pay over the three-year life of the contract, lifetime health coverage for eligible retirees and adding “significantly more nurses” in the ER.

The hospitals had stayed open during the three-day strike, using temporary nursing services to provide care, and transferring other employees to take care of non-medical nursing duties. They had also diverted and transferred some patients to other hospitals and postponed some elective procedures.

Hearing on Court of Appeals Nominee Scheduled for Next Week

The State Senate has set a hearing date for Governor Hochul’s Court of Appeals nominee Hector LaSalle. On Wednesday January 18, the Senate Judiciary Committee will meet to interview the nominee and make a recommendation. There is some controversy concerning whether or not the potential chief judge is required to be considered by the entire body, or whether the Judiciary Committee can vote him down in committee without the full body taking a vote. The Governor, as well as former chief judge Jonathan Lippman, have weighed in saying the constitution and past precedent require a vote by the full body.

New Chair of Senate Republican Campaign Committee Announced

State Senator George Borrello has been named Chair of the Senate Republican Campaign Committee after a disappointing election cycle for Senate Republicans. Borrello will take over for Senator Pam Helming who previously occupied the position. Borrello was first elected in a special election to replace outgoing Senator Cathy Young.

Senate Republican Leader Rob Ortt said:

I want to thank Senator George Borrello for stepping into this role to help us grow the Senate Republican Conference. An effective campaign committee is critical to our goal of electing Republican Senators who will fight to make New York safer and more affordable, and help end one-party rule in Albany. I am confident Senator Borrello has the energy and leadership skills necessary to strengthen our political operation heading into 2024 and compete in every corner of this state.

U.S. Supreme Court Allows Enforcement of New York Gun Law

The U.S. Supreme Court on Wednesday rejected a request by six members of the firearms rights group Gun Owners of America to throw out a lower court’s decision allowing the law to be enforced. U.S. District Judge Glenn Suddaby in October blocked enforcement of much of the law. Subsequently 2nd U.S. Circuit Court of Appeals in December put that decision on hold while the state pursues an appeal. No justice publicly dissented from the decision, but Justice Samuel Alito, writing for himself and fellow conservative Justice Clarence Thomas, described the court’s action as procedural “rather than expressing any view on the merits of the case.”

Governor Hochul said:

Keeping New Yorkers safe is my top priority. I’m pleased that this Supreme Court order will allow us to continue enforcing the gun laws we put in place to do just that. We believe that these thoughtful, sensible regulations will help to prevent gun violence, and we will keep working with the New York Attorney General’s office on protecting the laws.

Political Updates

City & State NY’s Weekly Winners and Losers here.

City & State NY’s 2023 Political PR Power 50 here.

Democratic Party defends midterm performance in report, tells critics to ‘pick up the phone’

Hochul personally lobbying NY Dems as she tries to secure Hector LaSalle as top judge.

Assembly Minority Leader Barclay Announces Leadership and Committee Positions For 2023 Legislative Session.

Senate Minority Leader Rob Ortt talks 2023 session.

Labor leaders from 3 unions rally against LaSalle at the Capitol.

Transit workers support Hochul court pick LaSalle.

NY Times: Crime Concerns Drove Asian Americans Away From New York Democrats.

City & State NY: Who might be eyeing George Santos’ congressional seat?

Santos refuses to resign amid calls from local N.Y. GOP.

State Police Special Investigations Unit raids NY Troopers PBA offices.

Albany district attorney, sheriff under federal review for use of funds.

Upstate United’s Wilcox: ‘I’m going to believe the comptroller’ on unemployment insurance fraud estimates.

Coming Up

The Public Service Commission will hold its next meeting on January 19.

The Senate will hold a public hearing to examine legislative and budgetary actions necessary for implementation of the Climate Action Council Final Scoping Plan on January 19.

The Senate will hold a public hearing to receive testimony regarding the child care crisis in New York State, the lack of availability of child care, and any legislation or policy response to protect child care workers and families on January 26.

The Commission on Ethics and Lobbying in Government will hold their next meeting on January 31.

The Board of Regents will hold their next meeting on February 13 and 14.