MONDAY, JANUARY 14, 2019 1:51 P.M.

SPEAKER HEASTIE: THE HOUSE WILL COME TO

ORDER.

REVEREND ELIA WILL OFFER A PRAYER.

REVEREND DONNA ELIA: LET US PRAY. GOOD AND

GRACIOUS GOD, HUMBLY WE OFFER YOU GRATITUDE FOR THIS NEW DAY AND FOR

THE OPPORTUNITY TO WORK FOR A MORE JUST STATE, NATION AND WORLD.

THANK YOU FOR ALL LEGISLATORS, NEW AND RETURNING. POUR OUT A GENEROUS

MEASURE OF YOUR SPIRIT, ESPECIALLY UPON THE NEW LEGISLATORS. THANK

YOU FOR THEIR FRESH PERSPECTIVE, COMMITMENT AND DEDICATION. RENEW

THE COMMITMENT OF ALL ASSEMBLYMEMBERS AS, ONCE AGAIN, THEY TAKE ON

THE MANTLE OF PUBLIC SERVICE. EQUIP THEM WITH EVERY GOOD GIFT. THANK

YOU FOR OUR NEW MAJORITY LEADER. EMPOWER HER AS SHE LEADS. AND

BLESS THE DELIBERATIONS AND DECISION-MAKING OF THIS BODY. HELP THEM

NYS ASSEMBLY JANUARY 14, 2019

TO FIND COMMON GROUND AND TO BUILD BRIDGES ACROSS CHALLENGING ISSUES.

WE GIVE YOU THANKS FOR ALL STAFF MEMBERS WHOSE WORK IS INVALUABLE TO

THE WORK OF THIS BODY. STRENGTHEN ANY WHO PARTICULARLY NEED STRENGTH

TODAY, AND BLESS THEIR FAMILIES AND ALL THEIR DEAR ONES AND BRING HEALING

AND PEACE TO THE WORLD. IN YOUR HOLY NAME WE PRAY. AMEN.

SPEAKER HEASTIE: VISITORS ARE INVITED TO JOIN THE

MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, VISITORS JOINED THE MEMBERS IN THE

PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF SUNDAY, JANUARY 13TH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, JANUARY

13TH AND ASK THAT THE SAME STAND APPROVED.

SPEAKER HEASTIE: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WE HAVE

MANY MEMBERS THAT WE ARE GOING TO BE INTRODUCING ON THE FLOOR TODAY.

WE DID WELCOME THEM LAST WEEK, BUT WE WANT TO INTRODUCE THEM BOTH

TO OUR REMAINING COLLEAGUES, AS WELL AS TO EACH OTHER'S FAMILIES AND

STAFF. BUT BEFORE WE BEGIN OUR WORK TODAY, I WANT TO START WITH A

QUOTE, MR. SPEAKER: "YESTERDAY IS GONE, TOMORROW NOT YET COME. WE

ONLY HAVE TODAY." THAT'S BY MOTHER TERESA. LET'S BEGIN.

NYS ASSEMBLY JANUARY 14, 2019

TODAY WE HAVE A BUSY DAY, AND I ASK FOR MEMBERS'

COOPERATION. OUR FIRST ORDER OF BUSINESS WILL BE TO FULLY INTRODUCE OUR

NEWLY-ELECTED MEMBERS. I HAVE THE HONOR OF INTRODUCING OUR NEWEST

DEMOCRATIC MEMBERS AND OUR COLLEAGUE, MINORITY LEADER BRIAN KOLB,

WILL INTRODUCE THE NEWEST REPUBLICAN MEMBERS. AFTER ALL THE

INTRODUCTIONS HAVE CONCLUDED, MR. SPEAKER, WE WILL TAKE A BRIEF BREAK

FOR A NEW MEMBERS RECEPTION OUTSIDE THE ASSEMBLY CHAMBERS IN THE

EAST GALLERY ON THE FOURTH FLOOR. FOLLOWING THE BREAK, WE WILL

IMMEDIATELY CALL THE FOLLOWING COMMITTEES OFF THE FLOOR: ELECTION

LAW, JUDICIARY, GOVERNMENTAL OPERATIONS, HIGHER ED, CODES,

INSURANCE, WAYS AND MEANS AND RULES. THESE COMMITTEES WILL

PRODUCE OUR FIRST BILLS FOR OUR CALENDAR WHICH WE WILL TAKE UP TODAY.

OUR PRINCIPLE WORK WILL BE SEVEN -- A SEVEN-BILL ELECTION LAW PACKAGE

LED BY OUR COLLEAGUE, CHUCK LAVINE.

SO WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, IF

THERE ARE INTRODUCTIONS - AND THERE IS ACTUALLY ONLY ONE INTRODUCTION,

THE OTHERS WE WILL DO AFTER OUR NEW MEMBERS HAVE BEEN INTRODUCED -

NOW WOULD BE THE APPROPRIATE TIME.

SPEAKER HEASTIE: THANK YOU, MRS.

PEOPLES-STOKES.

DEPUTY MAJORITY LEADER RAMOS FOR THE PURPOSES OF

AN INTRODUCTION.

MR. RAMOS: THANK YOU, MR. SPEAKER. TODAY, I

HAVE THE HONOR OF, AS I HAVE FOR THE PAST 16 YEARS, TO BRING ON OPENING

DAY COMMUNITY MEMBERS AND CONSTITUENTS FROM THE TOWNS OF

NYS ASSEMBLY JANUARY 14, 2019

BRENTWOOD, CENTRAL ISLIP AND NORTH BAY SHORE. WITH US TODAY IS

PASTOR MANGUM, HOUSE OF JUDAH; MIGUEL ALAS, WHO IS THE CONSUL

GENERAL OF EL SALVADOR; CAROLINA PARRA, PUBLIC RELATIONS FOR THE

SALVADORAN CONSULATE; CECELIA MARTINEZ, COORDINATOR OF TPS NEW

YORK; GOTSUL GOOBAN (PHONETIC) FROM THE TURKISH CULTURAL CENTER;

YOKASA ELIA NUNEZ (PHONETIC), OWNER OF ARIAS TAX MULTI-SERVICE;

MICKEY WILLIAMS (PHONETIC), LEADER OF LIFT AND OWNER OF JRL DANCE

STUDIO; ROGER DE LO SANTOS (PHONETIC), TEACHER IN CENTRAL ISLIP;

ENESTO TREJO (PHONETIC), SALVADORIANOS UNIDOS; CANAL WATERS

(PHONETIC), WHO IS THE PRESIDENT OF THE STUDENT COUNCIL OF THE

BRENTWOOD SCHOOLS; ERIN JOHNSON (PHONETIC), BAY SHORE TEACHER;

CATHY GOMEZ (PHONETIC), ANOTHER COMMUNITY LEADER WHOSE DAUGHTER

IS ONE OF THE SHINING STARS OF OUR SCHOOL DISTRICT; MARIA SHEEK

(PHONETIC), PRESIDENT OF QUALITY OF LIFE COALITION; BOB ACHARA

(PHONETIC) FROM THE BRENTWOOD PHARMACY; SABRINA LACEY (PHONETIC),

ONE OF THE -- SHE'S THE SUFFOLK COUNTY VFW COMMANDER, ONE WHO HAS

GIVEN MUCH FOR OUR COUNTRY AND OUR COMMUNITY; VIVIAN HART

(PHONETIC), EXECUTIVE DIRECTOR OF PRONTO LONG ISLAND.

MR. SPEAKER, I ASK THAT YOU PLEASE GIVE THIS

DISTINGUISHED GROUP A WARM WELCOME AND PLEASE EXTEND THEM ALL THE

COURTESIES OF THE HOUSE.

SPEAKER HEASTIE: THANK YOU, MR. RAMOS. ON

BEHALF OF MR. RAMOS, MYSELF AND ALL THE MEMBERS, I WANT TO THANK

THESE WONDERFUL GUESTS FROM LONG ISLAND. SUFFOLK COUNTY, A PLACE THAT

I KNOW VERY WELL, WHEN I ATTENDED STONY BROOK UNIVERSITY. I WANT TO

NYS ASSEMBLY JANUARY 14, 2019

EXTEND ALL THE PRIVILEGES OF YOU -- OF THE FLOOR TO YOU. I HOPE THAT YOU

COME BACK AND JOIN US, AND I HOPE YOU CONTINUE TO BE THE GREAT

CITIZENS THAT YOU ARE. WELCOME TO ALBANY. THANK YOU FOR BEING HERE.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I'VE HAD

THE OPPORTUNITY TO REVIEW THE BIOS OF THESE AWESOME NEW MEMBERS. I

CAN SAY WE HAVE DEFINITELY SOME OF THE BEST IN THE CREAM OF THE CROP OF

THE STATE OF NEW YORK. I TOOK THE LIBERTY, MR. SPEAKER, TO PUT THESE 13

BIOS IN ALPHABETICAL ORDER. EVERYBODY'S FAMILIAR WITH THAT, WE'VE BEEN

THROUGH THE SCHOOL SYSTEM, THAT'S KIND OF HOW THINGS WORK SOMETIME.

SO, WE'RE GOING TO BE STARTING, MR. SPEAKER, WITH THE

142ND ASSEMBLY DISTRICT, PATRICK BURKE. I'LL ASK PATRICK TO STAND, AND

ANY OF HIS FAMILY, FRIENDS AND/OR GUESTS THAT ARE JOINING HIM TODAY.

PATRICK BURKE REPRESENTS THE 142ND DISTRICT IN THE COUNTY OF ERIE,

INCLUDING PARTS OF SOUTH BUFFALO, LACKAWANNA, THE TOWN OF WEST

SENECA AND ORCHARD PARK. ASSEMBLYMEMBER BURKE IS A BUFFALO

NATIVE WHERE HE RESIDES WITH HIS WIFE, SHANNON, AND THEIR THREE

CHILDREN. HE PREVIOUSLY SERVED THE COMMUNITY AS AN ERIE COUNTY

LEGISLATOR. HE ALSO SERVES AS A POLITICAL SCIENCE INSTRUCTOR AT BUFFALO

STATE COLLEGE.

DURING PATRICK'S TENURE IN THE COUNTY LEGISLATURE, HIS

NOTABLE LEGISLATIVE ACCOMPLISHMENTS INCLUDE A BAN ON MICROBEAD

PLASTICS, A REPEAL OF SUNDAY BLUE LAWS, A MILLION-DOLLAR EMERGENCY

FUND CREATED TO COMBAT THE OPIOID CRISIS, AND THE FORMATION OF THE ERIE

NYS ASSEMBLY JANUARY 14, 2019

COUNTY BROADBAND COMMITTEE. AS A FATHER OF THREE, PROTECTING THE

HEALTH AND WELL-BEING OF HIS CHILDREN HAS BEEN AT THE FOREFRONT OF PAT'S

LEGISLATIVE EFFORTS. HE BANNED SMOKING IN VEHICLES WITH CHILDREN,

WROTE THE PENCE LAW - PREVENTION OF EMOTIONAL AND NEGLECT AND

CHILD ENDANGERMENT - TO END HARMFUL GAY CONVERSION THERAPY, AND

CHAMPIONED A LOCAL LAW IMPLEMENTING YOUTH CONCUSSION PROTOCOL TO

ENSURE THE SAFETY OF MINORS PLAYING CONTACT SPORTS. PAT ALSO INTRODUCED

LEGISLATION THAT WOULD MAKE PHARMACEUTICAL INDUSTRY PAY ITS FAIR SHARE

TO KEEP OUR LOCAL DRINKING WATERS FREE OF MEDICAL WASTE AND NOT PASS

THE BURDEN ON TO TAXPAYERS. HE ALSO INTRODUCED THE INVEST IN ERIE,

INVEST IN AMERICA ACT, PROMOTING AND ENCOURAGING LOCAL BUSINESS IN

ERIE COUNTY.

PLEASE JOIN ME IN WELCOMING PAT BURKE TO THE

CHAMBERS.

(APPLAUSE)

THE 119TH ASSEMBLY DISTRICT, MARIANNE BUTTENSCHON.

MARIANNE, COULD YOU PLEASE HAVE YOUR FAMILY AND GUESTS STAND WITH

YOU. DR. MARIANNE BUTTENSCHON REPRESENTS THE 119TH ASSEMBLY

DISTRICT IN THE MOHAWK VALLEY. HER DISTRICT ENCOMPASSES ROME,

UTICA, FLOYD, MARCY AND WHITEHOUSE (SIC) IN ONEIDA COUNTY, AND

FRANKFORT IN HERKIMER COUNTY. BEFORE HER ELECTION TO THE ASSEMBLY,

DR. BUTTENSCHON WAS THE DEAN OF PUBLIC SERVICE AND EMERGENCY

PREPAREDNESS AT MOHAWK VALLEY COMMUNITY COLLEGE.

MARIANNE'S DISTINGUISHED ACADEMIC CAREER BEGAN AT

THE MOHAWK VALLEY COMMUNITY COLLEGE WITH A CRIMINAL JUSTICE

NYS ASSEMBLY JANUARY 14, 2019

MAJOR. SHE THEN EARNED A B.A. IS CRIMINAL -- IN PUBLIC JUSTICE FROM

SUNY POLYTECHNIC INSTITUTE, AND AN M.A. IN PUBLIC POLICY FROM

BINGHAMTON UNIVERSITY, AND A DOCTORATE OF EDUCATION FROM NORTHWEST

(SIC) UNIVERSITY. MARIANNE'S OBJECTIVE AS A PUBLIC SERVANT HAS -- ARE

REFLECTED IN HER HIGH LEVEL OF CIVIC AND PROFESSIONAL ENGAGEMENT. SHE

WAS A VICE PRESIDENT OF THE UTICA COMMUNITY FOOD BANK AND A

MEMBER OF THE LEAGUE OF WOMEN VOTERS. MARIANNE WAS ALSO A

MEMBER OF THE INTERNATIONAL ASSOCIATION OF POLICE CHIEFS, THE NEW

YORK STATE ASSOCIATION OF FIRE CHIEFS, AND THE HISPANIC ASSOCIATION OF

COLLEGES AND UNIVERSITIES.

MARIANNE IS MARRIED TO DON, A RETIRED PUBLIC SCHOOL

PSYCHOLOGIST. THEY HAVE THREE CHILDREN AND ONE GRANDDAUGHTER AND FOR

OVER 30 YEARS, DON AND MARIANNE HAVE OPERATED THE BUTTENSCHON

CHRISTMAS TREE FARM IN THE TOWN OF MARCY, ONEIDA COUNTY. PLEASE

JOIN ME IN WELCOMING MARIANNE BUTTENSCHON TO OUR CHAMBER.

(APPLAUSE)

THE 39TH ASSEMBLY DISTRICT, CATALINA CRUZ.

(APPLAUSE)

LET'S HAVE HER FAMILY AND FRIENDS STAND WITH HER,

PLEASE.

CATALINA CRUZ WAS ELECTED TO SERVE THE 39TH ASSEMBLY

DISTRICT WHICH IS COMPRISED OF CORONA, ELMHURST AND JACKSON HEIGHTS

IN QUEENS. BORN IN COLOMBIA, CATALINA CAME TO QUEENS AT THE AGE OF

NINE. SHE GREW UP AS A DREAMER AND LIVED IN THE UNITED STATES FOR

MORE THAN 10 YEARS AS AN UN-DOCUMENTED AMERICAN. CATALINA WAS

NYS ASSEMBLY JANUARY 14, 2019

RAISED AND INSPIRED BY HER SINGLE MOTHER WHO, LIKE MANY IMMIGRANTS,

HAD TO WORK MULTIPLE AND MENIAL JOBS TO PROVIDE FOR HER FOUR CHILDREN.

CATALINA IS AN EXPERIENCED ATTORNEY, A LEADER IN -- FOR

TENANT PROTECTIONS, IMMIGRATION REFORM AND WORKERS' RIGHTS. SHE MOST

RECENTLY SERVED AS THE CHIEF-OF-STAFF TO NEW YORK CITY COUNCIL

FINANCE CHAIR. SHE PREVIOUSLY SERVED AS THE DIRECTOR OF THE

GOVERNOR'S EXPLOITED WORKERS TASK FORCE, HELPING NEW YORK BECOME

THE NATION'S LEADER IN THE FIGHT AGAINST WORKER EXPLOITATION AND HUMAN

TRAFFICKING. ASSEMBLYMEMBER CRUZ BEGAN HER CAREER AS A HOUSING

ATTORNEY, FIGHTING TO KEEP LOW-INCOME TENANTS AND SENIORS IN THEIR

HOMES.

CATALINA LIVES IN JACKSON HEIGHTS, QUEENS, WITH HER

HUSBAND. SHE HOLDS A BACHELOR'S DEGREE FROM THE JOHN JAY COLLEGE OF

CRIMINAL JUSTICE, AND RECEIVED HER JURIS DOCTOR FROM THE CITY

UNIVERSITY OF NEW YORK LAW. PLEASE JOIN ME IN WELCOMING CATALINA

CRUZ TO OUR CHAMBERS.

(APPLAUSE)

SIMCHA EICHENSTEIN. ASSEMBLYMEMBER SIMCHA

EICHENSTEIN WAS ELECTED TO REPRESENT THE 48TH ASSEMBLY DISTRICT WHICH

INCLUDES THE NEIGHBORHOODS OF BOROUGH PARK AND MIDWOOD, BROOKLYN.

BEFORE HIS ELECTION, SIMCHA SERVED AS NEW YORK CITY

MAYOR BILL DE BLASIO'S LEGISLATIVE AFFAIRS TEAM IN ALBANY AS A PART OF

THE MAYOR'S SENIOR INTER-GOVERNMENTAL STAFF AT CITY HALL. DURING THIS

TIME, SIMCHA ADVOCATED FOR BUDGETARY AND LEGISLATIVE PRIORITIES VITAL TO

NEW YORK CITY IN ALBANY. BEFORE JOINING THE MAYOR'S TEAM, SIMCHA

NYS ASSEMBLY JANUARY 14, 2019

-- SIMCHA SERVED FOUR YEARS AS A SENIOR AIDE TO NEW YORK STATE

COMPTROLLER TOM DINAPOLI, WHERE HIS RESPONSIBILITIES INCLUDED

WORKING ON INTERGOVERNMENTAL AFFAIRS. SIMCHA IS PROUD TO HAVE

WORKED WITH MANY NON-PROFIT ORGANIZATIONS AND COMMUNITY GROUPS IN

HELPING NEW YORKERS IDENTIFY AND RECLAIM FUNDS THROUGH THE STATE'S

UNCLAIMED FUND PROGRAM.

SIMCHA PREVIOUSLY SERVED AS A POLITICAL AFFAIRS

DIRECTOR AT A PUBLIC RELATIONS FIRM, AS A SPECIAL ASSISTANT TO THE NEW

YORK STATE LEGISLATURE, AND AS A MEMBER OF BROOKLYN'S COMMUNITY

BOARD NO. 12.

SIMCHA IS A GRADUATE OF NEW YORK'S YESHIVA SCHOOL

SYSTEM, AND A LIFELONG RESIDENT OF BOROUGH PARK. SIMCHA AND HIS WIFE,

PEARL, ARE THE PROUD PARENTS OF FOUR CHILDREN. WELCOME,

ASSEMBLYMEMBER EICHENSTEIN.

(APPLAUSE)

CHARLES FALL -- FAMILY AND FRIENDS PLEASE STAND WITH

MR. FALL. ASSEMBLYMEMBER CHARLES FALL WAS ELECTED TO REPRESENT

NEW YORK'S 61ST ASSEMBLY DISTRICT, COVERING THE NORTHERN SHORE OF

STATEN ISLAND. CHARLES IS THE FIRST MUSLIM AND AFRICAN-AMERICAN

ASSEMBLYMEMBER ELECTED FROM STATEN ISLAND.

(APPLAUSE)

HE COMES FROM A WORKING-CLASS FAMILY OF SIX. HIS

PARENTS IMMIGRATED TO STATEN ISLAND FROM GUINEA, WEST AFRICA, AND

DISPLAYED A COMMITMENT TO IMPROVING THE LIVES OF THOSE AROUND THEM.

IN 2014, CHARLES SERVED AS STATEN ISLAND BOROUGH DIRECTOR AND

NYS ASSEMBLY JANUARY 14, 2019

CITYWIDE ISLAMIC LIAISON FOR THE MAYOR OF NEW YORK CITY, WORKING TO

ENSURE THAT UNIVERSAL PRE-K AND PAID SICK LEAVE BECAME REALITIES.

CHARLES THEN BECAME THE CHIEF-OF-STAFF TO STATEN ISLAND PARKS AND

RECREATION COMMISSIONER.

ASSEMBLYMEMBER FALL EARNED HIS BACHELOR'S DEGREE

FROM SOUTHWESTERN COLLEGE IN KANSAS, AND RECEIVED A MASTER OF

PUBLIC ADMINISTRATION WITH HONORS AT PACE UNIVERSITY. IN HIS SPARE

TIME, CHARLES HAS ALWAYS HAD A PASSION FOR RUNNING AND BASKETBALL. HE

PLAYED COLLEGE BASKETBALL AND NOW EXTENDS THAT LOVE OF SPORT TO YOUNG

KIDS IN HIS COMMUNITY, HOSTING BASKETBALL CLINICS WITH DIFFERENT

ORGANIZATIONS ON THE NORTH SHORE OF STATEN ISLAND. TODAY,

ASSEMBLYMEMBER FALL RESIDES IN HIS CHILDHOOD NEIGHBORHOOD, MARINER

HARBOR, WITH HIS HIGH SCHOOL SWEETHEART, ALESSE, AND THEIR TWO

DAUGHTERS, MAIMOUNA AND NAILA.

PLEASE JOIN ME IN WELCOMING CHARLES FALL TO OUR

CHAMBERS.

(APPLAUSE)

MATHYLDE FRONTUS. DR. MATHYLDE FRONTUS WAS ELECTED

TO SERVE THE 46TH ASSEMBLY DISTRICT. SHE REPRESENTS ALL OF CONEY

ISLAND AND SEA GALE, AS WELL AS PARTS OF BATH BEACH, BAY RIDGE,

BRIGHTON BEACH, DYKER HEIGHTS AND GRAVESEND. DR. FRONTUS GREW UP

IN A WORKING-CLASS FAMILY AS THE ELDEST CHILD OF CARIBBEAN IMMIGRANT

PARENTS WHO MOVED TO CONEY ISLAND TO PURCHASE THEIR FIRST HOME.

FROM 2004 TO 2016, ASSEMBLYMEMBER FRONTUS SERVED AS THE FOUNDER

AND EXECUTIVE DIRECTOR OF URBAN NEIGHBORHOOD SERVICES, A GRASSROOTS

NYS ASSEMBLY JANUARY 14, 2019

AGENCY PROVIDING A WIDE RANGE OF SERVICES TO THE COMMUNITY. WHILE

RUNNING THAT AGENCY, ASSEMBLYMEMBER FRONTUS CONTINUED HER ROLE AS

COMMUNITY ORGANIZER AND FOUNDED TWO MULTI-STAKEHOLDER COALITIONS TO

ADDRESS GUN VIOLENCE IN THE CONEY ISLAND COMMUNITY, AND IN

DECEMBER 9TH -- DECEMBER '09, SHE CREATED THE CONEY ISLAND

COALITION AGAINST VIOLENCE AND WAS ELECTED AS ITS CO-CHAIR. THE

COALITION CREATED A CALENDAR OF MONTHLY ANTI-VIOLENT EVENTS TO RAISE

AWARENESS IN THE COMMUNITY ABOUT THE DEVASTATING EFFECTS OF GUN

VIOLENCE.

ASSEMBLYMEMBER FRONTUS RECEIVED HER BACHELOR'S

DEGREE OF SOCIAL WORK AND A MASTERS OF SOCIAL WORK FROM NEW YORK

UNIVERSITY. SHE ALSO RECEIVED A MASTER OF ARTS IN PSYCHOLOGY FROM

TEACHERS COLLEGE, COLUMBIA UNIVERSITY, AS WELL AS A MASTERS OF

THEOLOGICAL STUDIES FROM HARVARD DIVINITY SCHOOL. IN 2015,

ASSEMBLYMEMBER FRONTUS RECEIVED HER PHD FROM COLUMBIA

UNIVERSITY OF SOCIAL WORK --

(APPLAUSE)

-- WHERE SHE SPECIALIZES -- WHERE SHE SPECIALIZES IN

SOCIAL POLICY ADMINISTRATION. SHE IS AN ADJUNCT ASSISTANT PROFESSOR AT

COLUMBIA SCHOOL OF SOCIAL WORK AND THE NYU SILVER SCHOOL OF

SOCIAL WORK. PLEASE JOIN ME IN WELCOMING DR. MATHYLDE FRONTUS.

(APPLAUSE)

JUDY GRIFFIN. ASSEMBLYMEMBER GRIFFIN REPRESENTS

THE 21ST ASSEMBLY DISTRICT OF NASSAU COUNTY, WHICH INCLUDES

LYNBROOK, ROCKVILLE CENTRE, MALVERNE, SOUTH HEMPSTEAD, BALDWIN,

NYS ASSEMBLY JANUARY 14, 2019

PARTS OF FREEPORT, WEST HEMPSTEAD, OCEANSIDE, EAST ROCKAWAY,

LAKEVIEW, HEWLETT, HEMPSTEAD - WOW - FRANKLIN SQUARE AND VALLEY

STREAM. WOW.

PRIOR TO HER ELECTION TO THE ASSEMBLY, JUDY SERVED AS

A SENIOR ADVISOR AND DIRECTOR OF COMMUNITY OUTREACH FOR SENATOR

TODD KAMINSKY. ASSEMBLYMEMBER GRIFFIN AND HER HUSBAND RAISED

THEIR FOUR CHILDREN IN ROCKVILLE CENTRE, WHERE THEY'VE LIVED FOR NEARLY

THREE DECADES. JUDY HAS ADVOCATED FOR EDUCATIONAL PROGRAMS THAT

ENABLE ALL STUDENTS TO THRIVE, ESPECIALLY THOSE WITH SPECIAL EDUCATION

CLASSIFICATIONS. JUDY HAS BEEN A LEADER OF THE "OPT-OUT" MOVEMENT,

WHERE SHE FOUGHT TO RID SCHOOL DISTRICTS OF UNFAIR STANDARDIZED TESTING

PRACTICES.

ASSEMBLYMEMBER GRIFFIN HOLDS A BACHELOR OF

SCIENCE IN BUSINESS ECONOMICS, WITH A MINOR IN POLITICAL SCIENCE AND

COMMUNICATIONS FROM THE UNIVERSITY OF NEW YORK AT ONEONTA. AFTER

GRADUATING FROM COLLEGE, SHE WORKED IN THE FINANCIAL INDUSTRY AT DEAN

WITTER REYNOLDS, INC., AND SCUDDER STEVENS AND CLARK, INC.. JUDY LATER

GRADUATED FROM THE INSTITUTE OF INTEGRATIVE NUTRITION AND BECAME AN

INTEGRATIVE HEALTH COACH. SHE THEN FOUNDED THE HEALTH COACHING

BUSINESS, AND CO-FOUNDED A CORPORATE WELLNESS BUSINESS. JUDY IS ALSO

THE AUTHOR OF FLOURISH BEYOND 50. JOIN ME IN WELCOMING JUDY GRIFFIN

TO OUR CHAMBERS.

(APPLAUSE)

JONATHAN JACOBSON. JONATHAN JACOBSON WAS ELECTED

TO SERVE THE 104TH ASSEMBLY DISTRICT. HE REPRESENTS AREAS OF

NYS ASSEMBLY JANUARY 14, 2019

DUTCHESS, ORANGE AND ULSTER COUNTIES, INCLUDING CITIES OF BEACON AND

POUGHKEEPSIE IN DUTCHESS COUNTY, THE CITY AND TOWN OF NEWBURGH IN

ORANGE COUNTY, AND LLOYD AND MARLBORUGH IN ULSTER COUNTY.

ASSEMBLYMEMBER JACOBSON MOST RECENTLY SERVED AS

NEWBURGH CITY COUNCILMAN WHERE HE CHAMPIONED INFRASTRUCTURE

REPAIR. EARLY IN HIS CAREER, JACOBSON SERVED AS AN ASSISTANT COUNSEL TO

THE ASSEMBLY'S LABOR COMMITTEE, LATER AS AN ASSISTANT TO NEW YORK

STATE ATTORNEY GENERAL, HE HEADED THE CONSUMER AFFAIRS BUREAU AT THE

POUGHKEEPSIE REGIONAL OFFICE, PROTECTING THE PEOPLE OF NEW YORK

STATE FROM FRAUDULENT AND ILLEGAL BUSINESS PRACTICES. HE CONTINUED HIS

PUBLIC SERVICE CAREER AS A NEW YORK STATE WORKERS' COMPENSATION

LAW JUDGE. IN THE EARLY 1990'S, MR. JONATHAN HEADED THE CITY OF

NEWBURGH'S CHARTER REVIEW COMMISSION, AND WROTE THE PROPOSED

NEW CHARTER FOR THEIR CITY. JONATHAN ALSO STARTED HIS OWN LAW FIRM AND

FOCUSED ON REPRESENTING WORKERS IN WORKERS' COMPENSATION AND SOCIAL

SECURITY DISABILITY CASES.

ASSEMBLYMEMBER JACOBSON IS A PRODUCT OF THE

NEWBURGH PUBLIC SCHOOL SYSTEM, HAVING GRADUATED FROM NEWBURGH

FREE ACADEMY. HE GRADUATED FROM DUKE UNIVERSITY, CUM LAUDE,

WITH HONORS IN POLITICAL SCIENCE. JONATHAN WENT ON TO EARN HIS LAW

DEGREE FROM NEW YORK LAW SCHOOL. PLEASE JOIN ME IN WELCOMING

OUR COLLEAGUE, JONATHAN JACOBSON TO OUR CHAMBER.

(APPLAUSE)

KAREN MCMAHON. KAREN MCMAHON REPRESENTS THE

141ST -- 146TH ASSEMBLY DISTRICT, WHICH INCLUDES THE TOWN OF

NYS ASSEMBLY JANUARY 14, 2019

AMHERST, THE VILLAGE OF WILLIAMSVILLE IN ERIE COUNTY AND THE TOWN OF

PENDLETON IN NIAGARA COUNTY. KAREN WAS RAISED IN SNYDER AND EARNED

BOTH HER UNDERGRADUATE AND LAW DEGREES FROM THE UNIVERSITY OF

BUFFALO. SHE WORKED FOR NEARLY 30 YEARS AS A CONFIDENTIAL LAW CLERK TO

JUDGES OF THE NEW YORK STATE APPELLATE DIVISION 4TH DEPARTMENT, AND

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK.

FOLLOWING HER RETIREMENT FROM FEDERAL SERVICE IN 2016, SHE JOINED THE

PRIVATE PRACTICE OF HER HUSBAND, ATTORNEY JEFF MARCUS, REPRESENTING

PARENTS OF STUDENTS WITH DISABILITIES IN SPECIAL EDUCATION CLASSES.

KAREN SERVED ON THE VILLAGE OF WILLIAMSVILLE

ENVIRONMENTAL ADVISORY COMMITTEE AND THE VILLAGE MASTER PLAN

REVISION COMMITTEE. SHE IS A MEMBER OF THE WOMEN'S BAR

ASSOCIATION OF THE STATE OF NEW YORK, WESTERN NEW YORK CHAPTER,

THE ADIRONDACK MOUNTAIN CLUB AND THE ADIRONDACK FORTY-SIXERS.

KAREN AND HER HUSBAND, JEFF, LIVE IN THE VILLAGE OF WILLIAMSVILLE, HAVE

RAISED THEIR THREE DAUGHTERS THERE, EMILY, ALISON AND SARAH. PLEASE

JOIN ME IN WELCOMING KAREN MCMAHON TO OUR CHAMBER.

(APPLAUSE)

TAYLOR RAYNOR. TAYLOR WAS ELECTED TO SERVE THE 18TH

ASSEMBLY DISTRICT, WHICH COMPRISES AREAS OF NASSAU COUNTY INCLUDING

HEMPSTEAD, LAKEVIEW, UNIONDALE AND ROOSEVELT, AS WELL AS PARTS OF

FREEPORT AND GARDEN CITY. ASSEMBLYMEMBER RAYNOR WAS BORN IN

BROOKLYN TO RAULSTON AND TOWANA BERTLEY. DURING HER EARLY

CHILDHOOD, TAYLOR LIVED IN EUROPE WITH HER PARENTS. IT WAS THERE THAT

SHE WELCOMED HER SISTER, SYDNEY. AT THE AGE OF FOUR, TAYLOR'S FATHER

NYS ASSEMBLY JANUARY 14, 2019

TAUGHT HER THE GAME OF CHESS. SHE AND HER SISTER, SYDNEY, BECAME

NATIONALLY-RANKED CHESS PLAYERS WHO PRACTICED AND COMPETED SEVEN

DAYS A WEEK. HER CHESS TEAM, THE SOULMATES CHESS CLUB, CAME IN

14TH IN THE NATION IN 1994. TAYLOR CREDITS THE GAME FOR DEVELOPING HER

STRATEGIC APPROACH TO PROBLEM-SOLVING, WHICH HAS SERVED HER WELL IN

EVERY ENDEAVOR SHE HAS ASSUMED.

TAYLOR HAS DEVOTED HER LIFE TO A FIELD OF PSYCHOLOGY.

SHE ATTENDED SPELMAN COLLEGE AT 16 YEARS OF AGE, AND WAS ACCEPTED

INTO A CLINICAL PSYCHOLOGY DOCTORAL PROGRAM AT AGE 19. TAYLOR

EVENTUALLY TRANSFERRED TO HOFSTRA UNIVERSITY AND BECAME AN INDUSTRIAL

ORGANIZATIONAL PSYCHOLOGIST.

ASSEMBLYMEMBER RAYNOR HAS WORKED IN VARIOUS

INDUSTRIES, CREATING AND IMPLEMENTING SYSTEMS TO INCREASE EFFICIENCY,

PRODUCTIVITY AND PROFITABILITY. PLEASE JOIN ME IN WELCOMING

CHESSMASTER TAYLOR RAYNOR.

(APPLAUSE)

KARINES REYES.

(APPLAUSE)

KARINES REPRESENTS THE 87TH ASSEMBLY DISTRICT IN THE

BRONX, WHICH INCLUDES THE COMMUNITIES OF CASTLE HILL, PARKCHESTER,

VAN NEST AND WEST FARMS. ASSEMBLYMEMBER REYES WAS BORN IN THE

DOMINICAN REPUBLIC. IN HER EARLY CHILDHOOD, HER FAMILY LEFT THE

DOMINICAN REPUBLIC AND MOVED HER TO HER FATHER'S HOMELAND OF

PUERTO RICO. SHE LATER IMMIGRATED TO THE UNITED STATES WITH HER

MOTHER WHEN SHE WAS SIX YEARS OLD. KARINES ATTENDED CUNY BARUCH

NYS ASSEMBLY JANUARY 14, 2019

COLLEGE AND STUDIED COMMUNICATIONS. DURING THAT TIME, SHE BEGAN

WORKING AT MOUNT SINAI HOSPITAL IN THE HEALTH INFORMATION

MANAGEMENT DEPARTMENT. LATER, SHE MOVED INTO THE PHYSICAL THERAPY

DEPARTMENT AS AN ADMISSIONS COORDINATOR. THE ASSEMBLYMEMBER

RECEIVED HER DEGREE IN NURSING IN 2013. SHE'S A REGISTERED NURSE IN

ONCOLOGY DEPARTMENT AT MONTEFIORE EINSTEIN HOSPITAL. SHE IS AN

ACTIVE LEADER AND SERVED ON THE NEW YORK STATE NURSES ASSOCIATION'S

EXECUTIVE COMMITTEE AT THE HOSPITAL AS VICE CHAIR OF THE BARGAINING

UNIT.

ADDITIONALLY, SHE HAS PARTICIPATED IN LOBBYING FOR

SAFER NURSE-TO-PATIENT RATIOS AND SINGLE-PAYER HEALTH CARE IN NEW YORK

STATE. AFTER HURRICANE MARIA HIT PUERTO RICO, SHE SERVED AS A

VOLUNTEER NURSE WITH THE FIRST GROUP OF MEDICAL PROFESSIONALS DEPLOYED

BY NEW YORK STATE. KARINES HAS DEVOTED MUCH OF HER CAREER, BOTH IN

LABOR AND IN NURSING, TO HELPING OTHERS. ASSEMBLYMEMBER REYES IS THE

PROUD MOTHER OF TWO YOUNG SONS. PLEASE JOIN ME IN WELCOMING OUR

NEW COLLEAGUE.

(APPLAUSE)

JAMIE ROMEO. HI JAMIE. ASSEMBLYMEMBER JAMIE

ROMEO REPRESENTS THE 136TH ASSEMBLY DISTRICT IN MONROE COUNTY,

INCLUDING THE TOWNS OF BRIGHTON AND IRONDEQUOIT, AS WELL AS PORTIONS

OF THE CITY OF ROCHESTER. JAMIE IS THE PROUD MOTHER OF HER SON,

DOMINIC.

AS A LIFELONG RESIDENT OF THE TOWN OF IRONDEQUOIT,

JAMIE HAS BECOME -- BECAME AN ACTIVIST AS A YOUNG CHILD, ORGANIZING

NYS ASSEMBLY JANUARY 14, 2019

NEIGHBORHOOD FRIENDS TO FORM A 4-H CLUB THAT FOCUSED ON

ENVIRONMENTAL STEWARDSHIP AND VOLUNTEERISM. JAMIE WAS INSTRUMENTAL

IN ORGANIZING THE FIRST ANNUAL INTERNATIONAL COASTAL CLEANUP AT THE

DURAND EASTMAN BEACH, ALONG THE SHORELINE OF LAKE ONTARIO. THAT

EFFORT IS NOW IN ITS 25TH YEAR.

A GRADUATE OF IRONDEQUOIT HIGH SCHOOL,

ASSEMBLYMEMBER ROMEO ATTENDED ST. JOHN FISHER COLLEGE THROUGH

THE SERVICE SCHOLARSHIP PROGRAM AND RECEIVED HER UNDERGRADUATE

DEGREE IN POLITICAL SCIENCE, CUM LAUDE. SHE WENT ON TO EARN A -- HAVE

A MASTER'S DEGREE IN PUBLIC ADMINISTRATION FROM SUNY BROCKPORT.

WHILE ATTENDING BOTH UNDERGRADUATE AND GRADUATE PROGRAMS, MS.

JAMIE BEGAN WORKING AS A STAFF MEMBER TO THE MONROE COUNTY

LEGISLATURE. DURING HER TENURE, SHE ROSE FROM AN INTERN TO STAFF

DIRECTOR. JAMIE THEN BECAME CHIEF-OF-STAFF TO FORMER NEW YORK STATE

SENATOR TED O'BRIEN. ASSEMBLYMEMBER ROMEO HAS BEEN A LEADER IN

MANY LOCAL ORGANIZATIONS, INCLUDING THE TOWN OF IRONDEQUOIT

ENVIRONMENTAL SUSTAINABILITY ADVISORY COMMITTEE, AND IS FORMER

BOARD MEMBER TO THE CORNELL COOPERATIVE EXTENSION OF MONROE

COUNTY. SHE RECEIVED THE INTERNATIONAL HUMANITARIAN AWARD BY THE

UNITED NATIONS' ASSOCIATION OF ROCHESTER IN 2011.

PLEASE JOIN ME IN WELCOMING JAMIE ROMEO TO OUR

CHAMBER.

(APPLAUSE)

NADER SAYEGH. DR. NADER SAYEGH WAS ELECTED TO

REPRESENT THE 90TH ASSEMBLY DISTRICT WHICH ENCOMPASSES PORTIONS OF

NYS ASSEMBLY JANUARY 14, 2019

THE CITY OF YONKERS IN WESTCHESTER COUNTY. THE RESIDENTS OF YONKERS

FOR OVER 60 YEARS -- A RESIDENT OF YONKERS FOR OVER 60 YEARS,

ASSEMBLYMEMBER SAYEGH GREW UP WITH SEVEN SIBLINGS ON THE

SOUTHWEST SIDE OF THE CITY.

DR. SAYEGH EARNED AN ASSOCIATE'S DEGREE FROM

WESTCHESTER COMMUNITY COLLEGE, A BACHELOR'S DEGREE IN HISTORY AND

POLITICAL SCIENCE FROM LEHMAN COLLEGE, A MASTER'S DEGREE IN

INTERNATIONAL AFFAIRS FROM FAIRLEIGH DICKINSON UNIVERSITY, A

PROFESSIONAL DIPLOMA IN ADMINISTRATION AND SUPERVISION FROM

FORDHAM UNIVERSITY, AND A JURIS DOCTOR OF LAW FROM PACE UNIVERSITY

OF LAW.

AFTER WORKING HIS WAY THROUGH COLLEGE, NADER SERVED

AS A TEACHER, PRINCIPAL, COLLEGE PROFESSOR, CAPTAIN OF THE NEW YORK

STATE GUARD AND PRESIDENT OF YONKERS PUBLIC SCHOOL DISTRICT. NADER'S

LEADERSHIP AND COMMUNITY SERVICE AS AN ATTORNEY FOR 28 YEARS

SPECIALIZING IN PERSONAL INJURY, IMMIGRATION, CRIMINAL AND REAL ESTATE

LAW HAS RESULTED IN HIS PARTICIPATION IN NUMEROUS CIVIC, HOSPITAL AND

NON-PROFIT SCHOLARSHIP COMMITTEES, INCLUDING THE SPANISH FOUNDATION

AND THE NAACP. ASSEMBLYMEMBER SAYEGH HAS BEEN MARRIED TO HIS

WIFE, SANA, FOR 34 YEARS. THEY HAVE FIVE DAUGHTERS WHO ARE SUCCESSFUL

IN THE FIELDS OF MEDICINE, EDUCATION AND DENTISTRY.

PLEASE JOIN ME IN WELCOMING OUR NEW COLLEAGUE, DR.

NADER SAYEGH TO OUR CHAMBERS.

(APPLAUSE)

MR. SPEAKER, I DON'T THINK I MISSED ANY OF OUR NEW

NYS ASSEMBLY JANUARY 14, 2019

DEMOCRATIC COLLEAGUES. I WOULD NOW HOPE THAT MR. KOLB CAN

INTRODUCE OUR NEW COLLEAGUES ON THE REPUBLICAN SIDE.

SPEAKER HEASTIE: MR. KOLB.

MR. KOLB: THANK YOU, MR. SPEAKER. GOOD

AFTERNOON, EVERYBODY.

IT'S MY PLEASURE TO INTRODUCE ASSEMBLYWOMAN

MARJORIE BYRNES.

(APPLAUSE)

MARJORIE BYRNES WAS ELECTED TO THE NEW YORK STATE

ASSEMBLY ON NOVEMBER 6TH, 2018. HER DISTRICT IS COMPRISED OF

LIVINGSTON COUNTY AND PARTS OF MONROE AND STEUBEN COUNTIES.

MARJORIE HAS BEEN AN ATTORNEY FOR 32 YEARS, AND FOR 10 YEARS SERVED AS

A ROCHESTER CITY COURT JUDGE. SHE RETIRED FROM THE COURT SYSTEM IN

2017 AND THEN SERVED AS A CALEDONIA VILLAGE TRUSTEE AND SHE HAS

RESIDED IN CALEDONIA FOR 12 YEARS. MARJORIE IS AN AVID OUTDOOR

ENTHUSIAST AND A MEMBER OF NUMEROUS SPORTSMEN AND SPORTSWOMEN

ORGANIZATIONS, AND SHE IS A STRONG SUPPORTER OF THE 2ND AMENDMENT.

AS AN ASSEMBLYWOMAN, SHE WILL PUSH FOR INCREASED

SCHOOL SAFETY MEASURES. MARJORIE WILL ALSO ADVOCATE FOR INCREASES IN

STATE-FUNDED INFRASTRUCTURE PROGRAMS, AND PLANS TO PARTNER WITH

STAKEHOLDERS TO ADDRESS NEW YORK'S CRUMBLING INFRASTRUCTURE.

MARJORIE WILL WORK TO PROVIDE RELIEF TO NEW YORKERS BURDENED BY

TAXES, REGULATIONS AND RED TAPE, AND LAST, BUT NOT LEAST, MAKE OUR GREAT

STATE MORE AFFORDABLE. CONGRATULATIONS.

(APPLAUSE)

NYS ASSEMBLY JANUARY 14, 2019

FROM THE 3RD ASSEMBLY DISTRICT, JOE DESTEFANO.

HELLO, JOE. JOE, OBVIOUSLY, WAS RECENTLY ELECTED TO THE ASSEMBLY'S 3RD

DISTRICT, WHICH IS COMPRISED OF PARTS OF SUFFOLK COUNTY, INCLUDING

MEDFORD AND MASTIC BEACH.

DEDICATED TO MAKING HIS COMMUNITY A SAFER PLACE,

SINCE 1980 JOE HAS SERVED AS AN ACTIVE MEMBER OF THE MEDFORD FIRE

DEPARTMENT AND HAS SERVED IN VARIOUS CAPACITIES WITHIN THE SUFFOLK

COUNTY AND MEDFORD FIRE DISTRICTS. FOR THE LAST 27 YEARS, JOE HAS

SERVED IN THE SUFFOLK COUNTY SHERIFF'S OFFICE OF PUBLIC SAFETY,

MANAGING DAY-TO-DAY OPERATIONS, RADIO COMMUNICATIONS AND OTHER

VITAL FUNCTIONS.

A RESIDENT OF THE 3RD ASSEMBLY DISTRICT FOR MORE THAN

46 YEARS, JOE IS COMMITTED TO MAKING HIS COMMUNITY AND THE STATE A

BETTER PLACE FOR ALL NEW YORKERS. JOE PLANS TO FIGHT FOR SAFER

NEIGHBORHOODS AND STRONGER COMMUNITIES, PRESERVE THE PROPERTY TAX

CAP WHILE PUSHING TO CURB ALBANY SPENDING, MAKE COLLEGE MORE

AFFORDABLE FOR OUR STUDENTS AND ADVOCATE FOR THE PASSAGE OF ANGELICA'S

LAW. JOE AND HIS WIFE, LINDA, HAVE TWO CHILDREN AND ONE GRANDCHILD.

WELCOME, JOE.

(APPLAUSE)

FROM THE 9TH ASSEMBLY DISTRICT, I'D LIKE TO WELCOME

MIKE LIPETRI.

(APPLAUSE)

THE 9TH ASSEMBLY DISTRICT IS COMPRISED OF PARTS OF

BOTH NASSAU AND SUFFOLK COUNTIES. AS AN ASSEMBLYMAN, MIKE WILL

NYS ASSEMBLY JANUARY 14, 2019

CONTINUE HIS FIGHT TO HOLD CRIMINALS ACCOUNTABLE AND ROOT OUT AND

PREVENT PUBLIC CORRUPTION IN STATE GOVERNMENT. HE WILL ALSO ADVOCATE

FOR REDUCED STATE SPENDING, SMALL BUSINESS GROWTH AND THE ELIMINATION

OF BURDENSOME REGULATIONS THAT HAMPER STATEWIDE ECONOMIC

DEVELOPMENT. MIKE WILL CONTINUE TO ADVOCATE FOR LAW ENFORCEMENT,

AND TAKE STEPS TO PROVIDE RESOURCES TO CURTAIL THE PROLIFERATION OF

HEROIN AND OTHER OPIOIDS IN COMMUNITIES ACROSS THE STATE.

MIKE HAS WORKED IN THE UNITED STATES ATTORNEY'S

OFFICE FOR THE EASTERN DISTRICT OF NEW YORK, ALBANY COUNTY DISTRICT

ATTORNEY'S OFFICE AND THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.

MIKE HOLDS A JURIS DOCTORATE FROM ALBANY LAW SCHOOL AND A

BACHELOR'S DEGREE FROM THE STATE UNIVERSITY OF NEW YORK AT ALBANY.

MIKE IS VERY INVOLVED WITH HIS COMMUNITY AND VOLUNTEERS HIS TIME AT

SEVERAL COMMUNITY AND CIVIC ORGANIZATIONS.

WELCOME, ASSEMBLYMAN MIKE LIPETRI.

(APPLAUSE)

FROM THE 130TH ASSEMBLY DISTRICT, PLEASE WELCOME

ASSEMBLYMAN BRIAN MANKTELOW.

(APPLAUSE)

BRIAN WAS ELECTED TO THE ASSEMBLY'S 130TH ASSEMBLY

DISTRICT, WHICH IS COMPRISED OF ALL OF WAYNE COUNTY AND PARTS OF

CAYUGA AND OSWEGO COUNTIES. BRIAN IS AN ARMED SERVICES VETERAN.

HE WAS A SERGEANT IN THE UNITED STATES ARMY PRIOR TO BEING ELECTED

INTO THE ASSEMBLY. BRIAN WAS ALSO THE TOWN OF LYONS SUPERVISOR

SINCE 2009, AND ALSO THE VICE CHAIRMAN OF THE WAYNE COUNTY BOARD

NYS ASSEMBLY JANUARY 14, 2019

OF SUPERVISORS, WHERE HE SERVED ON THE BOARD'S FINANCE, GOVERNMENT

OPERATIONS AND HUMAN SERVICES COMMITTEES.

BRIAN IS A GRADUATE OF FINGER LAKES COMMUNITY

COLLEGE. BRIAN HAS MORE THAN 30 YEARS OF EXPERIENCE AS THE

OWNER/OPERATOR OF MANKTELOW FARMS, PROVIDING HIM WITH A UNIQUE

PERSPECTIVE ON THE CHALLENGES FACED BY BUSINESS -- BUSINESSES OWNED

IN EVERYDAY NEW YORKERS. AS AN ASSEMBLYMAN, BRIAN WILL FIGHT TO

ENCOURAGE ECONOMIC GROWTH, PUSH TO REDUCE UNFUNDED STATE MANDATES

AND HIGH TAXES, ADVOCATE FOR RESOURCES TO BATTLE THE OPIOID EPIDEMIC

AND ADDRESS THE NEED TO PROTECT THE NATURAL RESOURCES IN HIS DISTRICT.

DEDICATED TO FAMILY LIFE AND COMMUNITY, BRIAN

RESIDES IN LYONS WITH HIS WIFE, CRYSTAL, AND THEY HAVE FIVE CHILDREN.

PLEASE WELCOME BRIAN MANKTELOW.

(APPLAUSE)

FROM THE 62ND ASSEMBLY DISTRICT, PLEASE WELCOME

ASSEMBLYMAN MIKE REILLY.

(APPLAUSE)

MIKE REILLY'S DISTRICT IS COMPRISED OF PARTS OF

RICHMOND COUNTY. AS AN ASSEMBLYMAN, MICHAEL WILL WORK TO

IMPROVE THE STATE'S EDUCATION SYSTEM, ENSURE ADEQUATE FUNDING FOR OUR

SCHOOLS, AND PROGRAMS CRITICAL TO HIS CONSTITUENTS. SUPPORT -- HE

SUPPORTS LAW ENFORCEMENT OFFICERS AND COMBATTING, OBVIOUSLY, THE

DEVASTATING OPIOID CRISIS, AND LOOKING TO CRAFT LEGISLATION TO BOLSTER

PUBLIC SAFETY.

MIKE HAS SERVED AS A VOLUNTEER WITH THE NEW YORK

NYS ASSEMBLY JANUARY 14, 2019

CITY COMMUNITY EDUCATION COUNCIL FOR STATEN ISLAND, AND WAS FIRST

ELECTED TO THE SCHOOL BOARD IN 2009. MIKE HAS SERVED AS PRESIDENT OF

HIS COMMUNITY EDUCATION COUNCIL SINCE 2014. MICHAEL IS A RETIRED

NEW YORK CITY POLICE LIEUTENANT, AND SERVED IN THE UNITED STATES

ARMY RESERVES. COMMITTED TO MAKING HIS COMMUNITY STRONGER,

MICHAEL HAS BEEN A MENTOR AND COACH FOR THE YMCA YOUTH BASEBALL

LEAGUE AND, ADDITIONALLY, HE VOLUNTEERS AS A MEMBER OF THE BOARD OF

MANAGERS FOR THE STATEN ISLAND YMCA. MICHAEL AND HIS WIFE, MARY,

AND THEIR THREE CHILDREN LIVE IN ELTINGVILLE, NEW YORK.

WELCOME, MIKE.

(APPLAUSE)

FROM THE 121ST ASSEMBLY DISTRICT, PLEASE WELCOME

ASSEMBLYMAN JOHN SALKA.

(APPLAUSE)

JOHN REPRESENTS THE 121ST DISTRICT, WHICH IS COMPRISED

OF MADISON COUNTY AND PARTS OF OTSEGO AND ONEIDA COUNTIES. AS A

SMALL BUSINESS OWNER, JOHN UNDERSTANDS THE CHALLENGES FACING JOB

CREATORS ACROSS THIS STATE. HE STRONGLY BELIEVES THAT AGRICULTURE IS THE

BACKBONE OF THE UPSTATE ECONOMY, AND WILL ADVOCATE ON THE BEHALF OF

FARMERS.

AS AN ASSEMBLYMAN, JOHN HOPES TO BRING MORE

TRANSPARENCY TO HIS CONSTITUENTS AND COMBAT CORRUPTION IN ALBANY. HE

ALSO HOPES TO ADDRESS ISSUES WITHIN THE EDUCATION SYSTEM, SPECIFICALLY

FLAWS WITH THE COMMON CORE STANDARDS. JOHN AND HIS WIFE, ERIN, HAVE

BEEN RESIDENTS OF THE TOWN OF BROOKFIELD FOR 27 YEARS. THEY HAVE

NYS ASSEMBLY JANUARY 14, 2019

RAISED TWO CHILDREN THERE AND HAVE VERY STRONG COMMUNITY TIES.

WELCOME, ASSEMBLYMAN JOHN SALKA.

(APPLAUSE)

FROM THE 99TH ASSEMBLY DISTRICT, PLEASE WELCOME

COLIN J. SCHMITT.

(APPLAUSE)

THE 99TH ASSEMBLY DISTRICT, WHICH IS COMPRISED OF

PARTS OF ORANGE AND ROCKLAND COUNTIES, COLIN IS AN ACTIVE MEMBER OF

THE NEW YORK ARMY NATIONAL GUARD'S 1569TH - OR 1,569TH, I'M NOT

SURE HOW TO PRONOUNCE IT - FIRST ONE, OKAY -- 1569TH TRANSPORTATION

COMPANY LOCATED IN NEW WINDSOR. HE PREVIOUSLY SERVED AS THE

DIRECTOR OF OPERATIONS FOR THE SENATE VETERANS, HOMELAND SECURITY

AND MILITARY AFFAIRS COMMITTEE WHILE WORKING FOR FORMER SENATOR

GREG BALL. PRIOR TO BEING ELECTED TO THE ASSEMBLY, COLIN SERVED AS

CHIEF-OF-STAFF FOR THE TOWN OF NEW WINDSOR, WHERE HE HELPED

OVERSEE DAY-TO-DAY OPERATIONS AND TO IMPLEMENT COMPREHENSIVE ETHICS

REFORM.

COLIN IS A GRADUATE OF THE CATHOLIC UNIVERSITY OF

AMERICA. COLIN WILL UTILIZE HIS DEGREE IN POLITICS AND BACKGROUND IN

GOVERNMENT TO CHAMPION THE NEED FOR NON-PARTISAN GOVERNMENT AND

BUDGET REFORM, JOB CREATION AND SOUND ECONOMIC DEVELOPMENT

INVESTMENTS, AS WELL AS INITIATIVES THAT SUPPORT FIRST RESPONDERS AND

VETERANS. COLIN RESIDES IN NEW WINDSOR WITH HIS WIFE, NIKKI, AND

HUSBAND AND WIFE WERE JUST MARRIED THIS PAST FALL.

WELCOME, COLIN.

NYS ASSEMBLY JANUARY 14, 2019

(APPLAUSE)

NOW, I'D LIKE TO WELCOME, FROM THE 118TH ASSEMBLY

DISTRICT, ROBERT SMULLEN.

(APPLAUSE)

ROBERT'S DISTRICT IS COMPRISED OF FULTON, HAMILTON AND

PARTS OF HERKIMER, ONEIDA AND ST. LAWRENCE COUNTIES. ROBERT PLANS

TO WORK ON LOWERING TAXES, CUTTING REGULATIONS AND PROTECTING OUR

CONSTITUTIONAL FREEDOMS. HE IS COMMITTING TO PROVIDING SUPPORT FOR

VETERANS AND ACTIVE MILITARY PERSONNEL, PROTECTING VULNERABLE NEW

YORKERS AND WORKING TO IMPROVE THE QUALITY OF LIFE FOR ALL OF HIS

RESIDENTS.

IN 2015, ROBERT RETURNED FROM THE MARINE CORPS AT

THE RANK OF COLONEL. HE HAS SERVED AT THE PENTAGON AS A MILITARY

STRATEGIST AND IN NUMEROUS COMMAND POSITIONS AROUND THE WORLD. IN

2003, ROBERT WAS APPOINTED BY PRESIDENT GEORGE W. BUSH AS A WHITE

HOUSE FELLOW, SERVING AT THE DEPARTMENT OF ENERGY.

ROBERT HAS A BA IN HISTORY FROM THE CITADEL AND

DEGREES FROM THE SCHOOL OF FOREIGN SERVICE AT GEORGETOWN UNIVERSITY

AND IN RESOURCE MANAGEMENT FROM THE EISENHOWER SCHOOL, WHERE HE

ALSO WAS A DISTINGUISHED GRADUATE OF NATIONAL DEFENSE UNIVERSITY.

A LIFELONG RESIDENT OF UPSTATE NEW YORK, ROBERT AND

HIS WIFE, MEGAN, LIVE ON MATILDA HILL FARM IN THE TOWN OF JOHNSTOWN,

AND THEY HAVE FOUR CHILDREN.

WELCOME, ROBERT.

(APPLAUSE)

NYS ASSEMBLY JANUARY 14, 2019

AND LAST, BUT CERTAINLY NOT LEAST, FROM THE 116TH

ASSEMBLY DISTRICT, PLEASE WELCOME ASSEMBLYMAN MARK WALCZYK.

(APPLAUSE)

MARK'S DISTRICT IS COMPRISED OF NORTHERN JEFFERSON AND

ST. LAWRENCE COUNTIES. MARK EARNED A RANK OF EAGLE SCOUT OUT OF

HIGH SCHOOL, AND GRADUATED FROM THE UNIVERSITY AT ALBANY. FOR THE LAST

SIX YEARS, MARK HAS SERVED IN THE ARMED FORCES AS A COMMISSIONED

OFFICER IN THE UNITED STATES ARMY RESERVE. FOR THE LAST TWO YEARS, HE

HAS SERVED AS COMPANY COMMANDER OF THE 366TH ENGINEER COMPANY

BASED IN CANTON - PARDON ME.

MARK IS AN ACTIVE VOLUNTEER AND COMMUNITY MEMBER.

AS AN ASSEMBLYMAN, MARK WILL TACKLE ISSUES FACING THE SMALL BUSINESS

COMMUNITY. HE'S ALSO COMMITTED TO MAKING STATE INVESTMENTS IN

AGING INFRASTRUCTURE PROGRAMS, AS WELL AS PROTECTING PRECIOUS RIVERS

AND LAKES LOCATED IN THE 116TH DISTRICT. MARK IS AN ANGLER - FOR THOSE

FOLKS, THAT'S A FISHING TERM - AND HIKER, AVID HIKER, AND FOUR-TIME

IRONMAN TRIATHLETE. MARK RESIDES IN WATERTOWN NEAR HIS FIANC�E,

JESSICA.

PLEASE WELCOME ASSEMBLYMAN MARK WALCZYK.

(APPLAUSE)

THANK YOU, MR. SPEAKER.

SPEAKER HEASTIE: THANK YOU, MR. KOLB.

SO, LET ME OFFICIALLY WELCOME AND CONGRATULATE OUR 22

NEW COLLEAGUES, 13 ON OUR SIDE OF THE AISLE, NINE ON THE OTHER SIDE OF

THE AISLE. AND AS I SAID IN MY OPENING COMMENTS, WE MAY DISAGREE ON

NYS ASSEMBLY JANUARY 14, 2019

POLICY, BUT WE ALL SHOULD REMEMBER THAT WE'VE BEEN GIVEN A PRIVILEGE

BY OUR CONSTITUENTS. YOU'RE VERY LUCKY. WE ARE 150 OF THE LUCKIEST

PEOPLE IN THE STATE. OUT OF 19 MILLION PEOPLE, WE'RE THE ONLY ONES THAT

GET TO DO THIS JOB. SO, I JUST WANT TO SAY TO YOU WELCOME,

CONGRATULATIONS AND ALWAYS REMEMBER, WE SHOULD KEEP OUR

CONSTITUENTS IN MIND IN EVERYTHING THAT WE DO. CONGRATULATIONS, AND

WELCOME TO THE NEW YORK STATE ASSEMBLY.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, BEFORE WE

BREAK FOR A BIT OF A RECESS FOR A RECEPTION ON THE FOURTH FLOOR FOR OUR

NEW MEMBERS, I WOULD LIKE TO INTRODUCE, ON BEHALF OF OUR COLLEAGUE,

MR. WEPRIN, MAZEDA UDDIN. SHE'S THE FOUNDER AND THE CEO OF THE

SOUTH ASIAN FUND FOR EDUCATION AND SCHOLARSHIP AND TRAINING. AND,

MR. SPEAKER, WOULD YOU WELCOME HER TO OUR CHAMBERS.

SPEAKER HEASTIE: MR. WEPRIN, FOR -- ON BEHALF

OF -- OH, I THOUGHT MARK WAS GOING TO SPEAK -- I MEAN DAVID WAS

GOING TO SPEAK, SORRY.

ON BEHALF OF MR. WEPRIN, MYSELF AND ALL THE

MEMBERS, I WANT TO WELCOME THIS SPECIAL GUEST TO THE CHAMBER. I

HOPE YOU ENJOY THE PROCEEDINGS. YOU HAVE ALL THE PRIVILEGES OF THE

FLOOR. THANK YOU FOR COMING TO ALBANY.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, FOLLOWING

NYS ASSEMBLY JANUARY 14, 2019

THE BREAK, WE WILL IMMEDIATELY BE CALLING THE COMMITTEES TO MEET OFF

THE FLOOR. I WILL REPEAT THEM AGAIN SO THAT THOSE CHAIRS AND COMMITTEE

MEMBERS WILL BE IN THE READY: ELECTION LAW, JUDICIARY, GOVERNMENT

OPERATIONS, HIGHER ED, CODES, INSURANCE, WAYS AND MEANS AND RULES.

SPEAKER HEASTIE: SO ORDERED, THE HOUSE STANDS

IN RECESS.

(WHEREUPON, AT 2:31 P.M., THE HOUSE STOOD IN RECESS.)

* * * * *

A F T E R T H E R E C E S S 5:19 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

ADVANCE CALENDAR NO. 1, WHICH WE SHOULD HAVE ON OUR DESKS BY NOW.

WE ARE GOING TO START --

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE NO. 1 CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: ON THE CALENDAR, MR.

SPEAKER, WE WOULD LIKE TO START WITH BILL NO. 774 BY MR. LAVINE. WE

WILL FOLLOW RIGHT THROUGH 74 THROUGH 780 IN THAT ORDER ON DEBATE, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00774, RULES REPORT

NO. 3, LAVINE, GALEF, BUCHWALD, LUPARDO, L. ROSENTHAL, FAHY,

NYS ASSEMBLY JANUARY 14, 2019

ENGLEBRIGHT, ABINANTI, STIRPE, LIFTON, DINOWITZ, BLAKE, ZEBROWSKI,

SIMON, JAFFEE, COLTON, WALKER, ORTIZ, EPSTEIN, BURKE, CARROLL, CRUZ,

EICHENSTEIN, FALL, FRONTUS, GLICK, GRIFFIN, HEASTIE, JACOBSON,

MCMAHON, OTIS, RAYNOR, REYES, WEINSTEIN, BRONSON, DENDEKKER,

ROMEO, TAYLOR, GANTT. AN ACT TO AMEND THE ELECTION LAW, IN RELATION

TO VOTER PRE-REGISTRATION.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED.

MR. LAVINE: WE ARE ABOUT TO ENGAGE IN AN

EXTRAORDINARY EXERCISE IN OUR AMERICAN DEMOCRACY AS WE TAKE UP

LEGISLATION TO PRESERVE, TO PROTECT AND TO ADVANCE THE RIGHT TO VOTE, AND

IT IS A RIGHT, NOT A PRIVILEGE. WE ARE A NATION AND WE ARE A STATE IN

WHICH FOR US TO SURVIVE, OUR STATE GOVERNMENT HAS THE RESPONSIBILITY,

THE SOLEMN RESPONSIBILITY TO PROTECT OUR RIGHTS. WE BELIEVE THAT

DEMOCRACY FUNCTIONS BEST WHEN THE GREATEST NUMBER OF OUR PEOPLE

PARTICIPATE IN CHOOSING THEIR REPRESENTATIVES. THE SUPREME COURT OF

THE UNITED STATES LONG AGO SAID THAT VOTING IS A FUNDAMENTAL RIGHT

BECAUSE IT IS PRESERVATIVE OF ALL OTHER RIGHTS. IT IS, AS WELL, A RIGHT OF

EXPRESSION ENTITLED TO ALL THE PROTECTIONS OF THE FIRST AMENDMENT

RIGHTS OF SPEECH, RELIGION, ASSEMBLY AND PRESS.

WITH OUR RIGHTS, AS GRAVE CONCERNS OF THE AMERICAN

CITIZENS, AMERICANS VOTED IN RECORD NUMBERS THE MONTH BEFORE LAST,

MAKING ALL THE MORE EVIDENT THE NEED FOR TODAY'S DEBATE. THIS

PARTICULAR BILL'S PURPOSE IS TO INCREASE YOUTH TURNOUT, AND IT PERMITS

16- AND 17-YEAR-OLDS TO PRE-REGISTER TO VOTE. THE BILL ALSO REQUIRES

NYS ASSEMBLY JANUARY 14, 2019

LOCAL BOARDS OF EDUCATION TO ADOPT POLICIES TO PROMOTE STUDENT

REGISTRATION AND PRE-REGISTRATION.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

MR. LAVINE: OF COURSE.

ACTING SPEAKER AUBRY: MR. LAVINE, YOU

YIELD?

MR. LAVINE: OF COURSE.

ACTING SPEAKER AUBRY: MR. LAVINE YIELDS.

MR. GOODELL: THANK YOU, MR. LAVINE, AND

CONGRATULATIONS FOR HAVING THE VERY FIRST BILL IN A NEW SESSION. I THINK

THAT'S A VERY NICE HONOR.

MR. LAVINE: THANK YOU, MR. GOODELL. IT IS, AND

HAVING THE ABILITY TO DISCUSS IT WITH YOU IS AN HONOR, AS WELL.

(LAUGHTER)

AS WE'RE ALL COUNTRY BOYS, ANDY; YOU KNOW THAT.

MR. GOODELL: AND GOOD LUCK ON THE FINAL VOTE.

WE'LL SEE HOW THIS COMES --

(LAUGHTER)

-- BUT, YOUR MEMORANDUM OF SUPPORT FOR AUTHORIZING

THE REGISTRATION OF 16-YEAR-OLDS NOTES THAT ONLY ABOUT A THIRD, A LITTLE BIT

MORE THAN ONE-THIRD OF THOSE BETWEEN THE AGES OF 18 AND, I THINK, 24

CURRENTLY VOTE. CURRENTLY ARE REGISTERED TO VOTE; IS THAT CORRECT?

MR. LAVINE: I BELIEVE THAT'S -- I BELIEVE THAT'S

NYS ASSEMBLY JANUARY 14, 2019

CORRECT.

MR. GOODELL: AND WHAT EFFORTS ARE BEING MADE

TO INCREASE THE NUMBER OF VOTERS WHO ARE ELIGIBLE TO VOTE TO REGISTER TO

VOTE?

MR. LAVINE: NOW, YOU'RE NOT SPEAKING SPECIFICALLY

WITH RESPECT TO 16- AND 17-YEAR-OLDS, YOUR QUESTION IS ADDRESSED TO

EVERYONE.

MR. GOODELL: RIGHT.

MR. LAVINE: WELL, WE ARE --

MR. GOODELL: RIGHT NOW, WE DO ALLOW

17-YEAR-OLDS TO REGISTER, CORRECT?

MR. LAVINE: YES, AND NOW IT'LL BE -- THIS -- THIS BILL

PROVIDES FOR 16-YEAR-OLDS TO PRE-REGISTER.

MR. GOODELL: SO, WHAT ARE WE DOING TO

ENCOURAGE MORE 17- AND 18-YEAR-OLDS TO REGISTER SINCE THEIR

REGISTRATION IS ONLY ABOUT ONE-THIRD?

MR. LAVINE: WE ARE GOING TO HOPEFULLY PASS A BILL

SUCH AS THIS TO ALLOW EVEN YOUNGER PEOPLE TO PRE-REGISTER. WE WILL BE,

IN THE DAYS TO COME AND MONTHS TO COME, DISCUSSING SAME-DAY

REGISTRATION FOR VOTING. ACTUALLY, WE WILL BE DISCUSSING THAT TODAY I

UNDERSTAND, AND WE'LL BE DISCUSSING NON-EXCUSE ABSENTEE BALLOTS, AND

WE'LL BE DISCUSSING A LOT OF DIFFERENT METHODS TO MAKE IT EASIER FOR

AMERICANS TO VOTE, WHETHER THEY'RE 16, 17 OR AS OLD AS I AM.

MR. GOODELL: NOW, UNDER THIS BILL, AN INDIVIDUAL

WHO TURNS 16, SAY, EARLY DECEMBER, WOULD BE ALLOWED TO REGISTER WHEN

NYS ASSEMBLY JANUARY 14, 2019

THEY TURN 16, RIGHT?

MR. LAVINE: SO FAR SO GOOD.

MR. GOODELL: AND THAT INDIVIDUAL THEN WOULD

HAVE TO WAIT THREE YEARS BASICALLY BEFORE THEY COULD VOTE BECAUSE THE

NEXT YEAR THEY'D STILL BE 16, THE FOLLOWING YEAR THEY'D BE 17 AND THEY

WOULDN'T TURN 18 UNTIL JUST AFTER THE THIRD ELECTION, OR JUST BEFORE. SO,

WHAT HAPPENS TO THEIR VOTER REGISTRATION DURING THAT TWO-AND-A-HALF TO

THREE YEAR PERIOD?

MR. LAVINE: IT REMAINS.

MR. GOODELL: REMAINS WHERE?

MR. LAVINE: WITH THE BOARDS OF ELECTIONS.

MR. GOODELL: AND DOES THE BOARD OF ELECTION

UNDER THIS BILL THEN MARK IT AS INACTIVE OR INVALID DURING THAT PERIOD?

MR. LAVINE: YES, OF COURSE.

MR. GOODELL: NOW, HOW MANY THOUSANDS OF

PENDING INACTIVE REGISTRATIONS DO YOU ANTICIPATE THAT OUR LOCAL BOARDS

OF ELECTIONS WILL HAVE TO HAVE IN THEIR DATABASE TO COMPLY WITH THIS?

MR. LAVINE: I HAVEN'T ANTICIPATED THE NUMBER.

THE MORE OBVIOUSLY THE BETTER. THE EARLIER PEOPLE ARE INVOLVED IN THE

GOVERNMENTAL PROCESS AND THE POLITICAL PROCESS, THE MORE LIKELY - ALL

THE STUDIES INDICATE - THEY WILL CONTINUE TO VOTE THROUGHOUT THE COURSE

OF THEIR LIVES.

MR. GOODELL: AND ALONG THE SAME LINES, THE

MORE INACTIVE PENDING REGISTRATIONS WE'LL BE SEEING IN OUR BOARDS OF

ELECTIONS. I MEAN, IF THIS IS SUCCESSFUL, RIGHT, YOUR OBJECTIVE IS TO HAVE

NYS ASSEMBLY JANUARY 14, 2019

AS MANY AS POSSIBLE THERE.

MR. LAVINE: THAT'S OBVIOUS, YES; SO FAR SO GOOD.

MR. GOODELL: WHAT DO THE BOARDS OF ELECTION

HAVE TO DO TO CONVERT THESE PENDING, INACTIVE REGISTRATIONS INTO A (SIC)

ACTIVE REGISTRATION?

MR. LAVINE: WHEN THE PERSON IS OLD ENOUGH TO BE

ELIGIBLE TO VOTE, THEIR VOTER INFORMATION IS -- IS ACTIVATED.

MR. GOODELL: AUTOMATICALLY?

MR. LAVINE: ANDY, I DON'T KNOW IF IT'S AUTOMATIC.

I DON'T KNOW THE ACTUAL INHERENT MECHANICS OF HOW THAT WORKS. AND

WE'RE GOING TO LEAVE IT UP TO THE EXPERTS AT THE BOARDS OF ELECTION TO

MAKE THAT DETERMINATION.

MR. GOODELL: WELL, OF COURSE, AS WE ALL KNOW,

OUR ABILITY TO VOTE IN A PARTICULAR ELECTION IS SITE-SPECIFIC, IT'S BASED ON

OUR RESIDENCE AT THE TIME WE VOTE. AND, OF COURSE, ONE OF THE -- THE

GREAT ASPECTS, OF COURSE, OF AMERICAN SOCIETY IS THAT MANY OF US ARE

MOBILE AND MOVE. AND SO, WE'RE DEALING WITH 16-YEAR-OLDS THAT MAY

OR MAY NOT LIVE IN THE SAME HOUSEHOLD THREE YEARS LATER. HOW WILL THE

BOARD OF ELECTIONS VERIFY WHAT THEIR CURRENT ADDRESS IS SO THAT THEY

VOTE IN THE PROPER ELECTION DISTRICT?

MR. LAVINE: THEY WILL SEND A NOTIFICATION CARD AT

THE FIRST ELIGIBLE ELECTION THE SAME WAY THEY DO WITH EVERYBODY ELSE.

MR. GOODELL: DOES THIS BILL REQUIRE THE BOARD OF

ELECTIONS TO PURGE ALL THOSE INACTIVE, PENDING REGISTRATIONS IF THEY ARE

UNABLE TO VERIFY CURRENT RESIDENCE ONCE THE INDIVIDUAL TURNS 18?

NYS ASSEMBLY JANUARY 14, 2019

MR. LAVINE: FUNNY YOU MENTION THAT, BECAUSE I

WAS VERY FORTUNATE TO ATTEND A NATIONAL CONFERENCE OF STATE

LEGISLATURES NORTHEASTERN MEETING IN -- IN NOVEMBER ON THE SUBJECT OF

CYBERSECURITY. AND I WAS SOMEWHAT TAKEN ABACK THAT SOME OF OUR

SISTER STATES PRIDE THEMSELVES ON ADVANCING VOTER RIGHTS BY PURGING

PEOPLE RIGHT AND LEFT. NO, THERE'S NO REFERENCE HERE TO PURGING

WHATSOEVER.

MR. GOODELL: I SEE. AND, IN FACT, AS YOU KNOW,

THERE'S A RECENT COURT CASE IN CALIFORNIA WHERE THEY DISCOVERED THERE

ARE A MILLION-AND-A-HALF INACTIVE VOTERS CARRIED ON THE ROLLS IN LOS

ANGELES, I BELIEVE.

MR. LAVINE: AND, MAY I --

MR. GOODELL: A GREAT CONCERN ABOUT --

MR. LAVINE: OH, I'M SORRY.

MR. GOODELL: I'M SORRY?

MR. LAVINE: NO, NO. I'M SORRY, I THOUGHT YOU HAD

FINISHED.

MR. GOODELL: AND THERE IS A GREAT CONCERN ABOUT

FRAUD BECAUSE IF YOU HAVE A WHOLE BUNCH OF INACTIVE REGISTRATIONS OR

ACTIVE REGISTRATIONS WHERE PEOPLE AREN'T PARTICIPATING WHO MAY NOT LIVE

THERE ANYMORE, THERE'S AN OPPORTUNITY FOR FRAUDULENT VOTING. THIS BILL

DOESN'T ADDRESS THAT THOUGH, DOES IT?

MR. LAVINE: YOU KNOW, I THINK YOU PRACTICED

SOME CRIMINAL DEFENSE LAW YOURSELF AS A LAWYER, AND I PRACTICED

CRIMINAL DEFENSE LAW FOR AN AWFULLY LONG TIME AND OPPORTUNITY FOR

NYS ASSEMBLY JANUARY 14, 2019

FRAUD DOESN'T MEAN FRAUD. DO YOU HAVE INSTANCES OF FRAUD AMONGST

THOSE MILLION-AND-A-HALF PEOPLE IN THE STATE OF CALIFORNIA?

MR. GOODELL: WELL, FORTUNATELY, IT WAS IN A

DIFFERENT STATE, SO I'VE BEEN FOCUSED MORE ON OUR STATE.

(LAUGHTER)

THANK YOU SO MUCH FOR YOUR COMMENTS. ON THE BILL.

MR. LAVINE: THANK YOU, ANDY.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: CERTAINLY EVERYONE IN THIS ROOM

SHARES THE SPONSOR'S OBJECTIVE OF INCREASING THE NUMBER OF PEOPLE WHO

ARE PARTICIPATING IN ELECTIONS. AND, OF COURSE, THAT'S A TWO-PART

PROCESS; YOU HAVE TO BE REGISTERED FIRST, THEN YOU ACTUALLY HAVE TO SHOW

UP. AND, OF COURSE, IN THEORY WE COULD HAVE EVERYONE REGISTERED BY

REQUIRING IT AS PART OF THE BIRTH CERTIFICATE. YOU KNOW, YOU'RE

AUTOMATICALLY REGISTERED AND THEN ONCE YOU FIGURE OUT HOW TO READ AND

WRITE YOU CAN SELECT WHICH POLITICAL PARTY YOU WANT AND THEN WE'D HAVE

100 PERCENT REGISTRATION, BUT WE'D STILL HAVE THE SAME LEVEL OF

PARTICIPATION.

AND SO, WE ALWAYS ARE TRYING TO BALANCE HOW DO WE

MAXIMIZE PARTICIPATION? THE CURRENT LAW ALLOWS SOMEONE TO REGISTER A

YEAR IN ADVANCE - A YEAR IN ADVANCE. THIS BILL, THINK ABOUT IT, IF YOU'RE

BIRTHDAY IS, SAY, IN THE MIDDLE OF NOVEMBER AND YOU TURN 16 THIS

NOVEMBER, YOU CAN'T VOTE NEXT YEAR BECAUSE THE ELECTION WILL OCCUR

BEFORE YOUR BIRTHDAY, SO YOU'RE STILL 16. YOU CAN'T VOTE THE NEXT YEAR

NYS ASSEMBLY JANUARY 14, 2019

BECAUSE THE ELECTION WILL OCCUR WHILE YOU'RE 17. IT'LL BE THREE YEARS

BEFORE YOU VOTE.

AND PART OF OUR OTHER CHALLENGE, OF COURSE, NOT ONLY

DO WE WANT TO ENCOURAGE PEOPLE TO PARTICIPATE IN VOTING, BUT WE WANT

TO MAKE SURE THAT OUR ELECTORAL PROCESS IS AS ERROR FREE AND ACCURATE AS

POSSIBLE. AND SO, WHEN WE HAVE INACTIVE REGISTRATIONS IN OUR BOARD OF

ELECTIONS FOR ALMOST THREE YEARS WHILE PEOPLE ARE MOVING FROM PLACE

TO PLACE, OR GOING TO COLLEGE OR RE-REGISTERING WHEN THEY GO TO COLLEGE

SO THEY CAN VOTE IN THEIR NEW COLLEGE, IT'S A SYSTEM THAT'S DESIGNED TO

HAVE MULTIPLE REGISTRATIONS INADVERTENTLY OCCUR AS 16-YEAR-OLDS

PROPERLY RE-REGISTER SOMEWHERE ELSE WHEN THEY TURN 18.

SO, KNOWING THIS IS GOING TO CAUSE A LOT MORE COST TO

OUR BOARD OF ELECTIONS, KNOWING WE'RE GOING TO HAVE A LOT OF INACTIVE

REGISTRATIONS IN THE SYSTEM, KNOWING THAT THESE ARE YOUNG PEOPLE WHO

NOT YET HAVE DEVELOPED FIRM OPINIONS ON POLITICAL PARTIES AND THE

KNOWLEDGE THAT GOES WITH THAT, KNOWING THAT THESE ARE A VERY MOBILE

GROUP OF PEOPLE WHO ARE LIKELY GOING TO LOOK AT COLLEGE AND OTHER

CAREER OPPORTUNITIES IN OTHER LOCALES, I THINK THE BETTER APPROACH IS TO

FOCUS OUR EFFORTS ON ENCOURAGING THOSE WHO ARE 17- AND 18-YEAR-OLD TO

ACTUALLY GET OUT AND VOTE.

AND SO, I APPRECIATE THE OVERALL OBJECTIVE. I THINK THIS

HAS A LOT OF COST, A LOT OF ELECTORAL UNCERTAINTY THAT'S BUILT INTO IT, AND

IT'S NOT THE RIGHT WAY TO GO AND DISTRACTS US FROM TRYING TO GET AS MANY

OF THOSE 18-YEAR-OLDS OUT REGISTERED AND VOTING. FOR THAT REASON, I AND

SOME OF MY COLLEAGUES WILL NOT BE SUPPORTING THIS. THANK YOU VERY

NYS ASSEMBLY JANUARY 14, 2019

MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THIS IS OUR

FIRST VOTE OF THE DAY -- THE EVENING, AND I WOULD REMIND COLLEAGUES THAT

THEY SHOULD BE IN THE CHAMBERS AND CASTING THOSE VOTES AS QUICKLY AS

POSSIBLE AS WE DO HAVE SEVERAL OTHER BILLS WE'D LIKE TO GET THROUGH THIS

EVENING. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY, MRS.

PEOPLES-STOKES. FIRST VOTE OF THE DAY, FIRST VOTE OF THE YEAR. YOU

SHOULD BE HERE IN ORDER TO TAKE THAT VOTE. IF YOU'RE IN THE SOUND OF OUR

VOICE, PLEASE COME TO THE CHAMBER AND CAST YOUR VOTE. IF YOU ARE IN

YOUR SEATS, VOTE NOW. THANK YOU.

MS. LIFTON TO EXPLAIN HER VOTE.

MS. LIFTON: YES. I -- I WANT TO THANK THE SPONSOR

WHOLEHEARTEDLY FOR THIS IMPORTANT LEGISLATION. I DON'T KNOW HOW MANY

TIMES I WENT TO SPEAK TO GOVERNMENT CLASSES OVER THE YEARS AND THE

STUDENTS, AS JUNIORS AND SENIORS, WERE SO EXCITED. THEY'D BEEN LEARNING

ABOUT GOVERNMENT AND THEY WERE SO EAGER TO PARTICIPATE AND,

UNFORTUNATELY, THEY COULDN'T DO ANYTHING. THEY COULDN'T EVEN REGISTER

TO VOTE. AND THEN THEY OFTEN WENT OFF TO COLLEGE AND THAT WHOLE

NYS ASSEMBLY JANUARY 14, 2019

PROCESS GOT KIND OF CRAZY AND THEY DIDN'T END UP REGISTERING AND

PARTICIPATING.

SO, I THINK IT'S SO IMPORTANT THAT WE ALLOW THOSE HIGH

SCHOOL STUDENTS THAT ARE AT THAT PEAK OF ENTHUSIASM TO GET REGISTERED, TO

UNDERSTAND WHAT THAT PROCESS IS, AND TO BE STARTING TO CARRY THAT

THROUGH THEIR LIVES, WHEREVER THEY HAPPEN TO END UP. SO, I THANK YOU

VERY MUCH AND I VOTE IN THE AFFIRMATIVE, MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: MS. LIFTON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, INSURANCE

COMMITTEE TO MEET IN THE SPEAKER'S CONFERENCE ROOM FOR AN

IMMEDIATE COMMITTEE MEETING.

ACTING SPEAKER AUBRY: INSURANCE

COMMITTEE, SPEAKER'S CONFERENCE ROOM, IMMEDIATELY, PLEASE.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00775, RULES REPORT

NO. 4, DINOWITZ, LAVINE, L. ROSENTHAL, GLICK, ENGLEBRIGHT, CRESPO,

LUPARDO, FAHY, COLTON, MOSLEY, ABINANTI, ZEBROWSKI, OTIS, SIMON,

ROZIC, JAFFEE, BUCHWALD, RYAN, CUSICK, PAULIN, HEVESI, CARROLL, GALEF,

RAMOS, LIFTON, VANEL, D'URSO, SEAWRIGHT, WRIGHT, NIOU, BLAKE,

BURKE, CRUZ, EICHENSTEIN, EPSTEIN, FALL, FRONTUS, GRIFFIN, HEASTIE,

NYS ASSEMBLY JANUARY 14, 2019

JACOBSON, MCMAHON, RAYNOR, REYES, THIELE, WEINSTEIN, DENDEKKER,

ROMEO, TAYLOR, GANTT, LENTOL, SIMOTAS. AN ACT TO AMEND THE ELECTION

LAW, IN RELATION TO VOTER REGISTRATION TRANSFERS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

LADIES AND GENTLEMEN IN THE REAR, WE'RE IN SESSION.

WE'RE ON DEBATE.

MR. DINOWITZ: THIS BILL AMENDS THE ELECTION LAW

TO ALLOW A VOTER TO WHO MOVES ANYWHERE WITHIN THE STATE TO VOTE IN HIS

OR HER NEW ELECTION DISTRICTS. BOARDS OF ELECTIONS WOULD AUTOMATICALLY

TRANSFER REGISTRATIONS FOR SUCH A VOTER, AS THEY CURRENTLY DO FOR VOTERS

WHO MOVE WITHIN THEIR OWN COUNTY OR WITHIN THE FIVE BOROUGHS OF

NEW YORK CITY. AND AFFIDAVIT BALLOTS WOULD BE VERIFIED USING THE

STATEWIDE VOTER FILE.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

DINOWITZ?

MR. DINOWITZ: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO, I JUST WANT TO GO THROUGH

THIS QUICKLY IN TERMS OF WHAT THIS WOULD ACTUALLY DO. NOW, I KNOW

UNDER CURRENT LAW, THIS ONLY OPERATES IF YOU MOVE WITHIN A COUNTY. SO,

IF YOU'RE -- IF YOU HAVE A NEW ADDRESS YOU WOULD GO IN AND THEN I

NYS ASSEMBLY JANUARY 14, 2019

BELIEVE YOU WOULD CAST AN AFFIDAVIT OR PROVISIONAL BALLOT; IS THAT

CORRECT?

MR. DINOWITZ: YES.

MR. RA: OKAY. AND CURRENTLY, IF YOU WERE TO, YOU

KNOW, DO THAT AND YOU'RE A FIRST-TIME RESIDENT OF THE COUNTY, WHAT --

WHAT HAPPENS IF YOU SHOW UP AT YOUR -- YOUR POLLING PLACE AND YOU'RE

REGISTERED, YOU KNOW, WHETHER IT'S, I'M A NEW RESIDENT OF NASSAU AND I

WAS REGISTERED IN SUFFOLK, OR, I WAS REGISTERED SOMEWHERE WITHIN NEW

YORK CITY?

MR. DINOWITZ: RIGHT NOW IF YOU LIVE IN -- YOU'RE

IN SUFFOLK -- YOU'RE SUFFOLK?

MR. RA: I'M NASSAU.

MR. DINOWITZ: YOU'RE NASSAU. SO, RIGHT NOW IF

YOU LIVE IN THE FAR WESTERN END OF NASSAU COUNTY AND YOU MOVE TO THE

FAR EASTERN END OF NEW YORK COUNTY MANY TENS OF MILES AWAY, YOU

CAN VOTE IN THE NEW PLACE BY FILLING OUT AN AFFIDAVIT BALLOT AND IT WILL

BE VALIDATED BY THE BOARD OF ELECTIONS; HOWEVER, IF YOU MOVE FROM THE

VERY, VERY EASTERN TIP OF NASSAU COUNTY ONE BLOCK AWAY INTO SUFFOLK

COUNTY AND YOU TRY TO VOTE IN YOUR NEW ELECTION DISTRICT, YOU WON'T BE

ABLE TO UNLESS YOU HAD ALREADY REGISTERED IN SUFFOLK COUNTY. THAT'S THE

CURRENT LAW. SO, WHAT THIS WOULD DO IS IT WOULD SAY YOU CAN MOVE

ANYWHERE IN THE STATE -- AND SINCE WE HAVE A STATEWIDE VOTER DATABASE,

IT'S VERY SIMPLE TO DO.

MR. RA: OKAY. AND SO, CURRENTLY, EVEN THOUGH THE

BOARD OF ELECTIONS IN THE COUNTY OF YOUR NEW RESIDENCE WOULD HAVE

NYS ASSEMBLY JANUARY 14, 2019

THE ABILITY TO SEE YOU WERE REGISTERED IN SUFFOLK COUNTY OR WHEREVER,

THEY, UNDER CURRENT LAW, COULD NOT COUNT THAT -- THAT BALLOT.

MR. DINOWITZ: CORRECT.

MR. RA: AND UNDER THIS, THEY WILL BE ABLE TO?

MR. DINOWITZ: YES.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: THANK YOU. I THINK THIS, OBVIOUSLY, AS THIS

PACKAGE GOES, IS -- IS SOMETHING THAT MAY ASSIST PEOPLE WHO HAVE

MOVED TO NEW LOCATIONS. I ACTUALLY EXPERIENCED THIS MOVING WITHIN

MY COUNTY A COUPLE OF YEARS AGO. I WENT TO -- I WENT TO VOTE. THEY

HAD PROCESSED MY WIFE'S CHANGE OF ADDRESS, BUT NOT MINE AND, YOU

KNOW, I HAD TO -- I HAD TO CAST AN AFFIDAVIT BALLOT, WHICH PRESUMABLY

WAS COUNTED, BUT... BUT I THINK ONE OF THE THINGS I -- I EXPERIENCED AT

THAT TIME WAS THE POLL WORKERS NOT NECESSARILY BEING FAMILIAR WITH THE

PROCESS.

SO, I THINK THIS IS A -- A POSITIVE CHANGE, BUT ONE OF THE

THINGS, YOU KNOW, WE KNOW UNDER CURRENT LAW IS THAT YOU'RE WITHIN THE

SAME JURISDICTION, WHICH IS THE SAME BOARD OF ELECTIONS. SO, WHETHER

IT'S WITHIN THE FIVE BOROUGHS OF NEW YORK CITY OR EACH OF THE COUNTIES,

THEY HAVE THEIR OWN BOARDS OF ELECTIONS, AS OPPOSED THIS IS GOING TO

BE, YOU KNOW, WITH A DIFFERENT ENTITY. THEY DO HAVE ACCESS TO THE

INFORMATION, BUT I HOPE IT'S SOMETHING THAT WE WILL KIND OF KEEP AN EYE

ON TO MAKE SURE THAT IT IS IMPLEMENTED PROPERLY, MOST IMPORTANTLY THEN

NYS ASSEMBLY JANUARY 14, 2019

BEING THAT, YOU KNOW, THE PEOPLE WORKING AT THE POLLS UNDERSTAND WHAT

THE PROCESS IS AND UNDERSTAND HOW TO GIVE THE VOTER, YOU KNOW, THE

OPPORTUNITY TO FILL OUT THE -- THE FORM AND CAST THEIR VOTE. THANK YOU

VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

IF YOU ARE ON THE FLOOR OR IN YOUR SEATS, PLEASE VOTE

NOW.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00776, RULES REPORT

NO. 5, SIMON, LAVINE, HEASTIE, BUCHWALD, M. G. MILLER, THIELE, ORTIZ,

NIOU, FAHY, DINOWITZ, GOTTFRIED, SANTABARBARA, GLICK, SEAWRIGHT,

MAGNARELLI, D'URSO, MONTESANO, ARROYO, MOSLEY, CAHILL, ZEBROWSKI,

ABINANTI, BARNWELL, BLAKE, CARROLL, BARRON, TAYLOR, GALEF, LUPARDO,

STECK, L. ROSENTHAL, WALLACE, ROZIC, RYAN, JAFFEE, BURKE, CRUZ,

EICHENSTEIN, EPSTEIN, FALL, FRONTUS, GRIFFIN, JACOBSON, LIFTON,

MCMAHON, OTIS, REYES, WEINSTEIN, BRONSON, DENDEKKER, ROMEO,

GANTT, LENTOL. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO

NYS ASSEMBLY JANUARY 14, 2019

POLITICAL CONTRIBUTIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. SIMON.

MS. SIMON: THANK YOU. THE PURPOSE OF THIS BILL IS

TO PROVIDE MUCH NEEDED CLARITY IN RESPECT TO POLITICAL CONTRIBUTIONS

MADE BY LIMITED LIABILITY COMPANIES WHICH THE APPELLATE DIVISION IN

THE THIRD DEPARTMENT HAS CONFIRMED AS RECENTLY AS MARCH OF 2018 IS A

MATTER FOR THE LEGISLATURE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

SIMON?

MS. SIMON: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MS. SIMON.

AS YOU KNOW, IN 2014 THERE WAS A FEDERAL COURT CASE, HISPANIC

LEADERSHIP FUND AND THE FREEDOM NEW YORK V. WALSH, AND IN THAT

CASE THE FEDERAL COURT DETERMINED THAT THE AGGREGATE LIMITS THAT APPLY

TO CORPORATIONS IS UNCONSTITUTIONAL. IS THERE ANY DISTINCTION BETWEEN

THAT ANALYSIS THAT HELD THAT THE AGGREGATE LIMIT FOR CORPORATIONS IS

UNCONSTITUTIONAL AND ITS APPLICABILITY TO AN LLC?

MS. SIMON: I DON'T BELIEVE THAT THERE'S ANY

DEFINITIVE DECISION ON -- ON THIS ISSUE ABOUT THE CONSTITUTIONALITY OF --

OF AGGREGATING CORPORATE CONTRIBUTIONS. BUT, AS YOU KNOW, ESPECIALLY

SINCE CITIZENS UNITED, CORPORATIONS ARE FREE TO PARTICIPATE IN

NYS ASSEMBLY JANUARY 14, 2019

INDEPENDENT EXPENDITURE GROUPS. SO, I-- I THINK THAT THAT IS PROBABLY

NOT GOING TO BE THE PRECEDENT.

MR. GOODELL: BUT, OF COURSE, ON THE FEDERAL

COURT CASE WENT BEYOND CITIZENS UNITED AND SAID CORPORATIONS COULD

CONTRIBUTE ANY AMOUNT THEY WANTED IN THE AGGREGATE AS LONG AS THEY

WERE WITHIN THE INDIVIDUAL CAPS FOR CANDIDATES, CORRECT?

MS. SIMON: DO YOU HAVE A CITATION FOR THE CASE THAT

YOU'RE TALKING ABOUT?

MR. GOODELL: I DO. IT'S 42(F) SUB-THIRD 365. IT

WAS IN THE NORTHERN DISTRICT OF NEW YORK IN 2014.

BUT THERE'S ALSO A FORMAL OPINION FROM THE NEW YORK

STATE BOARD OF ELECTIONS; IN FACT, THE FIRST OPINION THEY RENDERED IN

2016 DEALT SPECIFICALLY WITH THE QUESTION OF WHETHER OR NOT YOU COULD

CONSTITUTIONALLY CAP THE AGGREGATE AMOUNT CONTRIBUTED BY A

CORPORATION OR, IN THIS CASE, AN LLC.

MS. SIMON: WELL, FIRST OF ALL, I WOULD SAY THAT THAT

IS A STATE BOARD OF ELECTIONS DECISION WHICH IS NOT -- THEY DON'T GET TO

DECIDE WHAT'S CONSTITUTIONAL, THAT IS UP TO -- WITH REGARD TO THE STATE

CONSTITUTION, THAT'S GOING TO BE UP TO THE NEW YORK STATE COURT OF

APPEALS TO RENDER A DECISION ON THAT. AND THERE HAS BEEN -- THERE'S NO

-- THERE'S NO EFFORT TO ADDRESS THIS ISSUE. I'M NOT AWARE OF ANY CASE

PERCOLATING. SO, IN -- IN MY VIEW, AND I BELIEVE THE VIEW OF COUNSEL,

THAT WE ARE -- THIS IS NOT AN UNCONSTITUTIONAL PROBLEM HERE.

MR. GOODELL: WELL, I CERTAINLY AGREE WITH YOU

THAT THE STATE BOARD OF ELECTIONS IS NOT THE SAME AS THE FEDERAL COURT,

NYS ASSEMBLY JANUARY 14, 2019

BUT THEY ARE THE ONES THAT ACTUALLY ENFORCE THIS, AREN'T THEY? IS THERE

ANYONE ELSE THAT WOULD ENFORCE THIS TYPE OF LEGISLATION OTHER THAN THE

STATE BOARD OF ELECTIONS?

MS. SIMON: WELL, YOUR QUESTION IS ABOUT

UNCONSTITUTIONALITY, NOT ABOUT ENFORCEABILITY. THE STATE BOARD OF

ELECTIONS WOULD ENFORCE IT, AND THEY HAVE REPEATEDLY REFUSED, FOR

EXAMPLE, TO CHARACTERIZE OR CHANGE THEIR CHARACTERIZATION OF LLCS

FROM INDIVIDUALS, WHICH WAS A 1996 BOARD OF ELECTIONS DETERMINATION,

AS A MATTER OF POLICY AND HAVE REPEATEDLY SAID IT MUST BE A MATTER FOR

THE LEGISLATURE TO DETERMINE. AND WE ARE THE LEGISLATURE AND WE'RE

ABOUT TO DETERMINE IT.

MR. GOODELL: I SEE. I ASSUME THAT THE REASON YOU

WANT TO ADD LLCS TO THE AGGREGATE CAP IS THAT YOU BELIEVE ENTITIES SUCH

AS LLCS SHOULD BE TREATED THE SAME WAY AS WE TREAT PARTNERSHIPS,

CORPORATIONS, JOINT STOCK COMPANIES AND SIMILAR ENTITIES; IS THAT YOUR

RATIONALE?

MS. SIMON: EXCUSE ME. I'M SORRY, MR. GOODELL. I

ONLY HEARD THE FIRST PART OF YOUR QUESTION. I APOLOGIZE.

MR. GOODELL: SURE. IS IT YOUR RATIONALE FOR

MAKING THE PROPOSAL THAT WE ADD LLCS TO CORPORATIONS, PARTNERSHIPS,

JOINT STOCK CORPORATIONS, IS THAT WE WANT TO TREAT ALL THOSE TYPES OF

ENTITIES IN THE SAME WAY?

MS. SIMON: YES, AND WE BELIEVE THAT LLCS ARE

MORE LIKE CORPORATIONS, FOR EXAMPLE, THAN ANYTHING ELSE.

MR. GOODELL: IS THERE ANY REASON UNDER THAT

NYS ASSEMBLY JANUARY 14, 2019

RATIONALE THAT YOUR BILL DOES NOT ALSO INCLUDE UNIONS OR OTHER LARGE

GROUPS THAT SPEND HUNDRED OF THOUSANDS OF DOLLARS TRYING TO INFLUENCE

ELECTIONS?

MS. SIMON: WELL, FIRST OF ALL, THE FEDERAL

GOVERNMENT CHARACTERIZES LLCS AS CORPORATIONS FOR PURPOSES OF

FEDERAL LAW AND FOR PURPOSES OF FEDERAL ENFORCEMENT OF THEIR ELECTION

LAWS. SO, THAT IS A VERY GOOD GUIDEPOST. THE SECOND IS, OF COURSE,

YOU CAN -- YOU CAN START AN LLC ANY TIME, DAY OR NIGHT, ON YOUR OWN,

WITH A FEW PEOPLE. LLCS, YOU CAN JUST KEEP CREATING THEM, RIGHT?

YOU CAN'T DO THAT WITH UNIONS. UNIONS, WE KNOW WHO THEY ARE, WE

KNOW WHO THEIR MEMBERS ARE AND PART OF THE PROBLEM WITH THE LLC

LOOPHOLE IS THE ANONYMITY OF THE PEOPLE WHO ARE THE MEMBERS OF THE

LLCS. SO, IT'S A QUITE DIFFERENT CIRCUMSTANCE FOR UNIONS VERSUS LLCS.

IT'S A VERY, VERY DIFFERENT CIRCUMSTANCE. WE KNOW WHO UNIONS ARE,

THEY HAVE VERY, VERY SPECIFIC REQUIREMENTS IN THEIR FORMATION AND WE

KNOW WHO THEY ARE SUPPORTING, WHEREAS THE LLCS OPERATE UNDER A

CLOAK OF DARKNESS.

MR. GOODELL: WELL, OF COURSE, THE LLCS DO HAVE

TO OPENLY REGISTER WITH THE DEPARTMENT OF STATE. THEY DO HAVE TO

SHOW WHO THE REGISTRANT IS. THEY DO HAVE TO HAVE A PUBLIC ENTITY TO

SERVE ANY NOTICE, SO IT'S NOT LIKE THEY'RE TOTALLY IN THE DARK. THEY HAVE

THE SAME TYPE OF NOTICE REQUIREMENTS THAT APPLY TO ALL CORPORATIONS, BUT

MOVING ON... I SEE THAT YOUR BILL TAKES A CONTRIBUTION BY AN LLC AND

ATTRIBUTES THAT CONTRIBUTION TO ITS MEMBERS.

MS. SIMON: PROPORTIONATELY, YES.

NYS ASSEMBLY JANUARY 14, 2019

MR. GOODELL: AND IN ORDER TO DO THAT, YOU

REQUIRE THE LLC, BY DECEMBER 31ST OF EACH YEAR, TO FILE A REPORT WITH

THE BOARD OF ELECTIONS DESIGNATING WHO THEIR MEMBERS ARE.

MS. SIMON: MM-HMM; YES.

MR. GOODELL: I'M LOOKING AT YOUR STATUTE ON PAGE

2 ON LINE 27, AND YOU SAY, THE LLC HAS TO IDENTIFY ALL DIRECT AND

INDIRECT OWNERS.

MS. SIMON: YES.

MR. GOODELL: AND WHAT IS MEANT BY "INDIRECT

OWNERS?" I MEAN, THE BEST OF MY KNOWLEDGE, YOU'RE EITHER AN OWNER OR

YOU'RE NOT AN OWNER. WHAT IS AN "INDIRECT OWNER?"

MS. SIMON: BECAUSE LLCS CAN -- CAN BE MEMBERS

OF OTHER LLCS. AND SO, THIS IS TO PEEL BACK THE LAYERS OF THE ONION TO

FIND OUT WHO ACTUALLY ARE THE REAL MEMBERS IN INTEREST.

MR. GOODELL: BUT IF YOU HAVE AN LLC THAT HAS A

MEMBER WHO'S AN LLC, THAT SECONDARY LLC IS A DIRECT OWNER, CORRECT?

MS. SIMON: THE LLC IS THE DIRECT OWNER, BUT WE

DON'T KNOW WHO THE PERSON IS WHO IS -- THAT'S AN INDIRECT OWNER

BECAUSE WE'RE LOOKING AT THE PEOPLE. WE WANT TO BE ABLE TO IDENTIFY

WHO ARE THE PEOPLE WHO ARE, IN FACT, BEHIND THE LLC.

MR. GOODELL: DOES YOUR LANGUAGE IN THIS BILL

ANYWHERE DEFINE WHAT'S MEANT BY AN "INDIRECT OWNER?"

MS. SIMON: I BELIEVE IT DOES.

MR. GOODELL: AND WHAT LINE WOULD THAT BE?

MS. SIMON: I'M -- I -- I'M TRYING -- YOU KNOW, WE

NYS ASSEMBLY JANUARY 14, 2019

HAVE THIS GISMO HERE ON OUR DESKS AND ALL IT'S SHOWING ME IS THE

MEMO, NOT THE LANGUAGE OF THE STATUTE. SO, IF YOU'LL GIVE ME A MOMENT.

MR. GOODELL: YOU ARE WISELY ENLISTING THE HELP

OF A STAFF PERSON. I USUALLY REACH OUT, BY THE WAY, WHEN IT COMES TO

TECHNOLOGY TO MY GRANDKIDS, BUT WOULD YOU LIKE ME TO WAIT, OR...

MS. SIMON: OKAY. I WOULD DIRECT YOUR ATTENTION TO

LINE 37 -- ACTUALLY FROM I WOULD SAY 32 TO 44, WHICH DESCRIBES THE

INTENTION OF WHAT YOU'RE TALKING ABOUT IS TO FIND OUT WHO ARE INDIRECT

MEMBERS AND TO DEFINE THEM. THIS MAY VERY WELL BECOME A MATTER OF

REGULATION BY THE STATE BOARD OF ELECTIONS IN TERMS OF HOW TO

OPERATIONALIZE THAT.

MR. GOODELL: SO IT'S YOUR INTENT, EVEN THOUGH IT

DOESN'T EXPRESSLY DEFINE INDIRECT, IT'S YOUR INTENT THAT THE SECONDARY

LLC THAT'S A MEMBER OF THE FIRST LLC, ITS MEMBERS -- THE SECONDARY

LLC MEMBERS ARE THE INDIRECT OWNERS OF THE FIRST LLC; IS THAT YOUR

INTENT?

MS. SIMON: I WOULD THINK -- DEPENDING ON THE

SITUATION, YOU MIGHT HAVE A SERIES OF INDIRECT OWNERS. THE POINT THAT

WE ARE GETTING AT HERE IS WE WANT TO UNMASK WHO THOSE OWNERS ARE AND

IF THE LLC WHO IS PART OF -- WHO IS A MEMBER OF ANOTHER LLC IS ITSELF

NOT CLEAR WHO IS ACTUALLY AN OWNER OR A MEMBER OF THE LLC. AND WE

WOULD KEEP LOOKING, KEEP PEELING BACK THOSE LAYERS OF THE ONION TO

FIND THE ACTUAL INDIVIDUALS, NATURAL PERSONS WHO WOULD BE MEMBERS OF

THE LLCS THAT WOULD BE INFLUENCING THEM.

MR. GOODELL: NOW, YOUR STATUTORY LANGUAGE

NYS ASSEMBLY JANUARY 14, 2019

REQUIRES THE LLC THAT MAKES THE CONTRIBUTION TO FILE A REPORT LISTING ITS

MEMBERS.

MS. SIMON: YES.

MR. GOODELL: IS THERE ANY STATUTORY REQUIREMENT

TO HAVE THE SECONDARY LLC FILE ANY REPORT LISTING ITS MEMBERS?

MS. SIMON: IF THEY ARE, IN FACT, MEMBERS OF AN LLC

THAT IS MAKING POLITICAL CONTRIBUTIONS, YES.

MR. GOODELL: WHERE IS THAT LANGUAGE, BECAUSE I

ONLY SEE THE LANGUAGE REQUIRING THE PRIMARY LLC --

MS. SIMON: THAT'S THE INDIRECT. THAT'S THE INDIRECT.

MR. GOODELL: WELL, THE PRIMARY LLC WOULDN'T

NECESSARILY KNOW WHO THE MEMBERS OF THE SECONDARILY LLC IS --

MS. SIMON: WELL, THEY CAN ASK THE SECONDARY LLC.

MR. GOODELL: -- AS OTHER MEMBERS. ARE WE

HOLDING THE PRIMARY LLC LIABLE TO A CRIMINAL MISDEMEANOR IF IT DOESN'T

KNOW THE ULTIMATE NATURAL PERSON WHO OWNS?

MS. SIMON: RIGHT. IT WOULD BE -- I DIRECT YOUR

ATTENTION TO LINE 32. SO, IT'S A AND B THERE WHICH WOULD ADDRESS THIS

ISSUE.

MR. GOODELL: RIGHT, BUT THERE'S NO OBLIGATION FOR

THE SECONDARY LLC OR ANY OF ITS MEMBERS TO FILE ANY REPORT, CORRECT?

THE REPORTING REQUIREMENT ONLY APPLIES TO THE LLC THAT'S MAKING THE

CONTRIBUTION.

MS. SIMON: IT REQUIRES -- TO AN LLC THAT IS MAKING

CONTRIBUTIONS TO DISCLOSE ITS MEMBERS, THOSE MEMBERS WHO MIGHT BE

NYS ASSEMBLY JANUARY 14, 2019

INDIRECTLY INVOLVED, BECAUSE THEY ARE ALSO LLCS, MUST ALSO -- THEY

MUST DISCLOSE WHO THEY ARE.

MR. GOODELL: AND IS THE MEMBERSHIP DISCLOSED

AS OF THE DATE AND TIME OF THE CONTRIBUTION, OR AS OF THE DATE AND TIME

OF THE REPORT, WHICH MAY HAVE VERY DIFFERENT MEMBERSHIP?

MS. SIMON: MY UNDERSTANDING IS THAT THEY HAVE TO

REPORT BY THE END OF THE YEAR.

MR. GOODELL: WHEN THEY REPORT AT THE END OF THE

YEAR, DO THEY REPORT WHO THE MEMBERS WERE AT THE DAY OF THE

CONTRIBUTION, OR THE MEMBERSHIP AT THE END OF THE YEAR?

MS. SIMON: THEY SHOULD BE REPORTING THE DAY OF

THE CONTRIBUTION, OBVIOUSLY.

MR. GOODELL: SO, IF AN LLC HAS A --

MS. SIMON: AS OF.

MR. GOODELL: SO, IF AN LLC HAS A FLUID

MEMBERSHIP AND IS MAKING CONTRIBUTIONS THROUGHOUT THE ELECTION

CAMPAIGN, IT WOULD ACTUALLY FILE, THEN, MULTIPLE REPORTS?

MS. SIMON: WELL, I BELIEVE AT THE END OF THE YEAR

THEY WOULD FILE A REPORT AND THAT WOULD COVER THE PERIOD OF TIME THAT

THE REPORT COVERS. SO, IF IT'S AN ANNUAL REPORT, EVERY ANNUAL REPORT

WOULD LOOK BACK A YEAR AND IDENTIFY --

MR. GOODELL: IS THERE ANYTHING IN THE LANGUAGE OF

THE BILL THAT'S IN FRONT OF US THAT DEFINES WHEN THE REPORT IS TO LIST THE

MEMBERSHIP? IT TELLS US WHEN THE REPORT HAS TO BE FILED, BUT IS THERE

ANYTHING THAT TELLS US THAT THE LLC SHOULD MAKE THE REPORT BASED ON

NYS ASSEMBLY JANUARY 14, 2019

THE MEMBERSHIP AT THE TIME OF THE CONTRIBUTION?

MS. SIMON: WELL, IT SAYS IN THE STATUTE UNDER

SECTION 3, WHICH IS LINE 23 IT BEGINS, THAT IT WOULD BE A "REPORT THAT

WOULD BE FILED IN THE FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS.

THE IDENTITY OF ALL DIRECT AND INDIRECT OWNERS OF THE MEMBERSHIP

INTEREST IN THE LIMITED LIABILITY COMPANY AND THE PROPORTION OF EACH

DIRECT OR INDIRECT MEMBERS' OWNERSHIP INTEREST IN THE LIMITED LIABILITY

COMPANY." SO --

MR. GOODELL: BUT THAT'S --

MS. SIMON: SO I WOULD SUGGEST THAT --

MR. GOODELL: BUT THAT'S ACTUALLY SILENT AS TO --

RIGHT? THAT SECTION DOESN'T SAY AS OF WHAT DATE.

MS. SIMON: IT DOESN'T, BUT IT DOES SAY, "IN A FORM

PRESCRIBED BY THE BOARD OF ELECTIONS."

MR. GOODELL: OKAY.

MS. SIMON: AND THE BOARD OF ELECTIONS IS GOING TO

BE IMPLEMENTING THIS AND I'LL BE HAPPY TO CARRY YOUR SUGGESTION BACK

TO THE BOARD OF ELECTIONS.

MR. GOODELL: NOW, YOU INDICATED THAT ALL THE

CONTRIBUTIONS BY AN LLC ARE ATTRIBUTED TO THE MEMBERS. AND, AS YOU

KNOW, WE DO THAT IN A SOMEWHAT DIFFERENT MANNER FOR PARTNERSHIPS.

MS. SIMON: THAT'S CORRECT.

MR. GOODELL: WAS IT YOUR INTENT THAT THE SAME

PROCESS WOULD APPLY TO AN LLC AS APPLIES TO A PARTNERSHIP?

MS. SIMON: IT IS A SIMILAR PROCESS, YES.

NYS ASSEMBLY JANUARY 14, 2019

MR. GOODELL: AND, OF COURSE, AS YOU KNOW, IF A

PARTNERSHIP HAS TWO EQUAL PARTNERS, THEY MAKE A $4,000 CONTRIBUTION,

$2,000 IS ALLOCATED TO EACH OWNER OF THE PARTNERSHIP AND THE AMOUNT

THAT THE -- THE REMAINING CONTRIBUTION LEVELS OF THOSE TWO PARTNERS TO

THAT PARTICULAR CANDIDATE IS REDUCED BY $2,000, RIGHT?

MS. SIMON: RIGHT; MM-HMM.

MR. GOODELL: YOU INTEND THAT THE SAME -- YOU

WOULD ANTICIPATE THE SAME PROCESS WOULD APPLY TO AN LLC?

MS. SIMON: THE LLC -- SO IT'S ALL ATTRIBUTED TO THE

MEMBERS EQUALLY.

MR. GOODELL: BUT NOT --

MS. SIMON: THE MEMBERS OF THE LLC.

MR. GOODELL: THE LLC IS ATTRIBUTED TO THEIR

MEMBERSHIP INTEREST IN PROPORTION TO THEIR OWNERSHIP INTEREST, RIGHT?

SO, IF YOU'RE A 10 PERCENT OWNER OF THE LLC, YOU GET 10 PERCENT

ATTRIBUTION ON THE CONTRIBUTION?

MS. SIMON: CORRECT.

MR. GOODELL: OKAY. SO, HYPOTHETICALLY, IF

SOMEBODY CONTRIBUTED THE MAXIMUM AMOUNT TO MY CAMPAIGN, IT'S

HAPPENED RARELY, BUT LET'S ASSUME IT HAPPENED, AND --

MS. SIMON: I FEEL YOUR PAIN.

MR. GOODELL: -- AND THEY ARE A MEMBER OF AN

LLC AND THAT LLC CONTRIBUTES ANY AMOUNT TO MY CAMPAIGN, ARE YOU

SAYING THE FIRST CONTRIBUTOR THEN WOULD BE EXCEEDING THE MAXIMUM

THEY COULD CONTRIBUTE BECAUSE THE LLC CONTRIBUTION IS ATTRIBUTED TO

NYS ASSEMBLY JANUARY 14, 2019

THEM?

MS. SIMON: IT WOULD BE AN OVER CONTRIBUTION IF

THEY DID.

MR. GOODELL: I SEE. AND DOES IT MATTER WHO

MADE THE CONTRIBUTION FIRST? I MEAN, THIS IS BACKED BY A MISDEMEANOR

SO, OBVIOUSLY, OUR DONORS WANT TO KNOW ARE THEY COMMITTING A

MISDEMEANOR. SO, LET ME GIVE YOU A SIMPLE EXAMPLE. IF SOMEONE

GIVES ME THE MAXIMUM, OR I'LL MAKE IT MORE PLEASANT FOR YOU. IF

SOMEONE GAVE YOU THE MAXIMUM AND YOU THEN GOT A CONTRIBUTION OF

$1,000 FROM AN LLC. THE FIRST CONTRIBUTOR WHO IS ABSOLUTELY IN THE

CLEAR WHEN THEY GAVE YOU THE CHECK, THEY'RE NOW SUBJECT TO AN

OVERPAYMENT?

MS. SIMON: THEY WOULD HAVE TO RETURN THOSE FUNDS.

I MEAN, IT HAS TO BE A KNOWING VIOLATION.

MR. GOODELL: WHO WOULD HAVE TO RETURN THE

FUNDS, YOUR CAMPAIGN?

MS. SIMON: THE CAMPAIGN WHO WAS THE RECIPIENT

OF SAID OVER-CONTRIBUTION; YES, OF COURSE.

MR. GOODELL: AND WHAT MONEY WOULD YOU

RETURN? WOULD YOU RETURN THE SECOND CONTRIBUTION TO THE LLC, OR

WOULD YOU RETURN $1,000 TO THE FIRST CONTRIBUTOR?

ACTING SPEAKER AUBRY: MR. GOODELL, EXCUSE

ME, BUT YOU HAVE ELAPSED YOUR 15 MINUTES.

MR. GOODELL: AND I WAS JUST HAVING FUN.

ACTING SPEAKER AUBRY: I COULD TELL.

NYS ASSEMBLY JANUARY 14, 2019

MR. GOODELL: IS THERE ANYONE ELSE IN THE QUEUE?

ACTING SPEAKER AUBRY: THANKFULLY, NO.

(LAUGHTER)

MR. GOODELL: MAY I CONTINUE, SIR?

ACTING SPEAKER AUBRY: YOU HAVE THE

ABSOLUTE RIGHT TO CONTINUE.

MR. GOODELL: AND THANK YOU SO MUCH FOR YOUR

PATIENCE.

SO, USING THAT HYPOTHETICAL, SOMEONE GAVE YOU THE

MAXIMUM CONTRIBUTION. AN LLC LATER, A MONTH LATER, GIVES YOU

$1,000. WHO DO YOU RETURN THE MONEY TO, THE SECOND LLC OR THE FIRST

CONTRIBUTOR?

MS. SIMON: I WOULD THINK IT WOULD BE THE SECOND.

THE SECOND.

MR. GOODELL: THE LLC.

MS. SIMON: IF IT'S THE LLC WHO CONTRIBUTES SECOND,

AFTERWARDS, YES.

MR. GOODELL: NOW, OF COURSE, UNDER THIS, THE

LLC DOESN'T HAVE TO DISCLOSE TO YOU, THE CANDIDATE, WHO THEIR

MEMBERS ARE, RIGHT? THE REPORT GOES TO THE STATE BOARD OF ELECTIONS.

MS. SIMON: IF I GOT AN OVER CONTRIBUTION FROM AN

LLC, I COULD RETURN THAT MONEY TO THE LLC. THE LLC WOULD THEN

INCLUDE THAT INFORMATION IN ITS REPORT.

MR. GOODELL: BUT YOU WOULDN'T GET A REPORT FROM

THE LLC AS TO WHO THE MEMBERS ARE, THIS ONLY REQUIRES THE REPORT TO BE

NYS ASSEMBLY JANUARY 14, 2019

SENT TO THE BOARD OF ELECTIONS.

MS. SIMON: ME, AS THE CANDIDATE, WHO IS THE

RECIPIENT OF SAID OVER CONTRIBUTION, WOULD RETURN IT TO THE LLC. THE

BOARD OF ELECTIONS REQUIRES THE DISCLOSURE OF WHO THAT PERSON IS. I

DON'T NECESSARILY HAVE THAT INFORMATION UNDER ANY CIRCUMSTANCE.

MR. GOODELL: MS. SIMON, THANK YOU VERY MUCH.

MS. SIMON: YOU'RE QUITE WELCOME, SIR.

MR. GOODELL: THESE ARE INTERESTING ISSUES.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: IT MAY SEEM A LONG TIME AGO, BUT

JUST LAST WEEK EVERYONE IN THIS ROOM RAISED THEIR RIGHT HAND, I THINK,

AND SWORE OR AFFIRMED THAT THEY WOULD UPHOLD THE CONSTITUTION OF THE

UNITED STATES. REMEMBER THAT? IT WAS, LIKE, LAST WEEK. NOT QUITE A

WEEK AGO, BECAUSE I THINK IT WAS ON TUESDAY OR WEDNESDAY, BUT IN ANY

EVENT, RECENTLY. SO, HERE WE HAVE A BILL THAT PURPORTS TO CAP LLC

CONTRIBUTIONS TO AN AGGREGATE OF A $150 -- I'M SORRY, $5,000 A YEAR AND

WE HAVE NOT ONLY AN OPINION BY OUR STATE BOARD OF ELECTIONS SAYING

THAT'S UNCONSTITUTIONAL, BUT WE ACTUALLY HAVE A FEDERAL COURT CASE, NOT

ON THE SUPREME COURT LEVEL, GRANTED, NOT INVOLVING OTHER STATES, BUT A

FEDERAL COURT CASE RIGHT HERE IN NEW YORK DEALING WITH OUR ELECTION

LAW THAT SAYS THAT TYPE OF CAP IS UNCONSTITUTIONAL. SO, MY FRIENDS,

WHEN WE SWORE OR AFFIRMED TO UPHOLD THE CONSTITUTION OF THE UNITED

STATES, WERE WE SERIOUS? BECAUSE IF WE ARE, WE SHOULD NOT VOTE FOR

NYS ASSEMBLY JANUARY 14, 2019

SOMETHING THAT HAS ALREADY BEEN HELD TO BE UNCONSTITUTIONAL.

NOW, FOR THOSE OF YOU WHO DON'T FEEL CONSTRAINED BY

THE CONSTITUTION, THIS BILL HAS A LOT OF PRACTICAL ISSUES THAT NEED TO BE

ADDRESSED BEFORE WE MOVE IT FORWARD. FOR EXAMPLE, AND I'LL DEAL WITH

YOUR SITUATION. YOU GET A CONTRIBUTION FROM AN LLC. LET'S SAY IT'S A

GENEROUS CONTRIBUTION, $4,400; CAN YOU KEEP IT? CAN YOU SPEND IT?

MAYBE, MAYBE NOT, RIGHT? BECAUSE IT MAY BE THAT ANY MEMBER, ANY

MEMBER OF THAT LLC MIGHT MAKE A CONTRIBUTION BEFORE OR AFTER IN ANY

AMOUNT, AND ONCE THEY MAKE A CONTRIBUTION IN ANY AMOUNT, YOUR -- YOU

HAVE A CONTRIBUTOR BECAUSE OF THE ATTRIBUTION REQUIREMENTS THAT

EXCEEDS THE MAXIMUM. NOW, YOU MAY THINK YOU'RE BEING SAFE

BECAUSE YOU CALL UP THE LLC AND SAY, WHO ARE YOUR MEMBERS? AHH,

YOU'RE NOT THAT SAFE, ARE YOU, BECAUSE IF THAT LLC HAS ANOTHER LLC, ANY

ONE OF THOSE MEMBERS IF THEY CONTRIBUTE TO YOU, YOU'RE IN TROUBLE.

YOUR CAMPAIGN'S IN TROUBLE. YOU HAVE EXCEEDED THE MAXIMUM

CAMPAIGN CONTRIBUTIONS. AND WHEN WILL YOU KNOW? WILL YOU KNOW

RIGHT AWAY? NO, BECAUSE THE OWNERSHIP INTERESTS OF THE LLCS AREN'T

REPORTED UNTIL DECEMBER 31ST AFTER YOUR ELECTION. YEAH, THINK ABOUT

THAT. SIX TO EIGHT WEEKS AFTER YOU'VE BEEN ELECTED, THEY REPORT IT TO THE

BOARD OF ELECTIONS. THAT'S THE FIRST TIME YOU MIGHT KNOW ABOUT IT.

NOW, THIS BILL SAYS THERE'S NO COST TO THE STATE, BUT

WE'RE ASKING THE BOARD OF ELECTIONS TO GET A REPORT OF MEMBERSHIP

INTERESTS OF AN LLC AND THEN BIRDDOG EVERY SINGLE CONTRIBUTION FROM

EVERY SINGLE MEMBER OF EVERY LLC, AND EVERY SECONDARY AND SO ON,

AND AGGREGATE THEM ALL. HOW MANY WE TALKING ABOUT? WELL,

NYS ASSEMBLY JANUARY 14, 2019

ACCORDING TO A RECENT ARTICLE IN CITY AND STATE, THE GOVERNOR GOT $23

MILLION OVER THE COURSE OF HIS CAREER FROM LLC CONTRIBUTIONS. LET'S

ASSUME THOSE LLCS WERE REMARKABLY GENEROUS AND GAVE THE GOVERNOR

THE ABSOLUTE MAXIMUM THEY COULD. WE'RE TALKING ABOUT OVER 500,000

LLC CONTRIBUTIONS. SO, NOW THE BOARD OF ELECTIONS HAS TO TAKE THOSE

530,000 CONTRIBUTIONS, LOOK AT EVERY SINGLE MEMBER, OR EVERY HALF

MILLION CONTRIBUTIONS, AND TRACK EVERY SINGLE ONE OF THOSE? WE'RE

TALKING ABOUT MILLIONS, AREN'T WE?

HOW MUCH MONEY HAVE WE PROVIDED TO THE BOARD OF

ELECTIONS FOR THIS MONUMENTAL TASK THAT WILL TAKE MONTHS TO COMPLETE

BEFORE THEY TELL US THAT WE INADVERTENTLY EXCEEDED IT, AT WHICH TIME WE

CAN HOPEFULLY HAVE ENOUGH MONEY TO REFUND IT? LET'S BE PRACTICAL.

LET'S START OUT BY TRYING TO COMPLY WITH THE CONSTITUTION, THAT'S A GOOD

START, AND LET'S FOCUS ON WHAT MAKES PRACTICAL SENSE ON HOW WE ADDRESS

THIS AND MOVE FORWARD. THANK YOU VERY MUCH AND, AGAIN, THANK YOU

VERY MUCH TO THE SPONSOR FOR ANSWERING THOSE QUESTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 7TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. SINCE 1996,

LLCS HAVE EXISTED IN A LEGAL GREY ZONE WHERE THEY WERE NEITHER FISH

NYS ASSEMBLY JANUARY 14, 2019

NOR FOWL, NEITHER PARTNERSHIPS OR CORPORATIONS OR INDIVIDUALS.

NEVERTHELESS, THE STATE BOARD OF ELECTIONS HAS TREATED THEM AS IF THEY

WERE NATURAL PERSONS, VASTLY INCREASING THE POLITICAL INFLUENCE OF

WEALTHY DONORS CONTRIBUTING THROUGH ONE OR MORE LLCS, ANONYMOUSLY

POURING UNLIMITED AMOUNTS OF MONEY INTO CAMPAIGNS IN HOPES OF

INFLUENCING PREFERRED CANDIDATES. THIS EGREGIOUS LOOPHOLE HAS

ALLOWED LLCS TO FUNNEL MILLIONS OF DOLLARS INTO STATE ELECTIONS WITH

ALMOST NO TRANSPARENCY.

THIS BILL CHANGES ALL THAT. IT TREATS LLCS AS THE

CORPORATIONS THAT THEY REALLY ARE. IT REQUIRES DISCLOSURE OF DIRECT AND

INDIRECT MEMBERS OF THE LLCS AND LIMITS THEIR LEVEL OF CONTRIBUTION TO

THOSE OF CORPORATE ENTITIES. CLOSING THE LLC LOOPHOLE WILL BLUNT THE

OUTSIZED INFLUENCE OF THOSE WHO CONTROL LLCS AND ENABLE THE VOICES OF

AVERAGE NEW YORKERS TO BE HEARD. NEW YORKERS DESERVE TRANSPARENCY

AND FAIRNESS IN THE ELECTORAL PROCESS, AND CLOSING THE NOTORIOUS LLC

LOOPHOLE IS AN IMPORTANT STEP FORWARD. A NEW DAY IS DAWNING,

RETURNING POWER TO THE PEOPLE, NOT CORPORATIONS. I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I WANT

TO COMPLIMENT THE SPONSOR AND THANK OUR ELECTION LAW COMMITTEE FOR

BRINGING THIS BILL FORWARD. THERE'S BEEN A LOT OF DISCUSSION ABOUT WHAT

THIS BILL DOES AND DOESN'T DO, AND IT MAKES IT SOUNDS VERY CONFUSING. IN

NYS ASSEMBLY JANUARY 14, 2019

SIMPLE TERMS, WE ARE AMENDING THE SECTION OF THE LAW THAT RESTRICTS

CORPORATIONS TO SPENDING $5,000 A YEAR IN CAMPAIGNS, AND WE'RE

ADDING TO THAT SECTION SOME LANGUAGE THAT SAYS LLCS ARE CORPORATIONS;

THEY'RE GOING TO BE BOUND BY THE SAME RULES. SOUNDS FAIR TO ME. THEY

ARE CORPORATIONS.

THERE'S ALSO SOME LANGUAGE BEING ADDED, BECAUSE

LLCS ARE THESE SLIPPERY LITTLE CREATURES THAT ARE EASY TO FORM AND HAVE

BEEN USED OVER THE YEARS TO AVOID CAMPAIGN CONTRIBUTION LIMITS. SO,

THE STATUTE AS PROPOSED SETS FORTH SOME STANDARDS SO THAT WE CAN

IDENTIFY WHO IS BEHIND THAT LLC. WE'RE NOT BANNING LLCS, BUT THEY'RE

SO EASY TO FORM, WE DON'T WANT LOTS OF THEM TO POP UP FOR THE SAME

PERSON. SO, WE'RE NOW IDENTIFYING WHAT THESE LLCS ARE AND ALLOWING

PEOPLE TO TRACK THEM SO THAT IF YOU ARE MAKING A CONTRIBUTION THROUGH

AN LLC, YOU CAN ONLY DO IT ONCE. IT SEEMS VERY FAIR TO ME. I DON'T

UNDERSTAND WHY A CONTRIBUTOR, AS AN INDIVIDUAL, IS LIMITED TO WHAT HE

OR SHE CAN GIVE, BUT SOMEBODY WHO IS IMAGINATIVE ENOUGH, HAS A

LAWYER HANDY AND A LOT OF MONEY CAN NOW AVOID THAT LIMIT BY MAKING

THAT SAME CONTRIBUTION OVER AND OVER AND OVER AGAIN. IT SEEMS TO ME

WE REPRESENT PEOPLE. PEOPLE SHOULD CONTRIBUTE TO CAMPAIGNS. EVERY

PERSON SHOULD HAVE THE SAME LIMIT. WE SHOULDN'T ALLOW AN LLC TO BE

THE VEHICLE THROUGH WHICH PEOPLE AVOID THE LIMITS THAT WE ALL AGREE TO.

THEREFORE, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

NYS ASSEMBLY JANUARY 14, 2019

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, TO BRIEFLY EXPLAIN MY VOTE. I WANT TO COMMEND THE SPONSOR

OF THIS LEGISLATION. SOMETIMES IT'S REALLY DIFFICULT FOR PEOPLE TO STAND

FORWARD AND SAY THAT EVERYBODY HAS THE SAME ABILITY TO CONTRIBUTE TO A

CAMPAIGN. SOME PEOPLE ARE VERY WEALTHY AND THEY HAVE THE ABILITY TO

PUT TOGETHER LLCS, TO HIRE A LAWYER TO DO THAT SO THEY CAN GET MORE

THAN ONE CONTRIBUTION FROM THE SAME MEMBER. THERE'S OTHERS OF US

WHO DON'T HAVE THAT SAME CAPACITY. WE GET ONE DONOR AT A TIME.

EVERYBODY SHOULD GET ONE DONOR AT A TIME. PEOPLE SHOULD NOT HAVE THE

ABILITY TO GO OVER THE LIMITS BECAUSE THEY'VE COME UP WITH SOME LEGAL

SCHEME THAT ALLOWS THEM TO DO IT.

SO, THANK YOU, MEMBER SIMON, FOR PUTTING TOGETHER

THIS LEGISLATION SO THAT WE NOT ONLY WILL HAVE ONE PERSON, ONE VOTE, BUT

WE'LL HAVE ONE PERSON AT A TIME GIVING CONTRIBUTIONS TO OUR CAMPAIGNS

AS OPPOSED TO ORGANIZATIONS THAT ALLOW SOME PEOPLE TO CONTRIBUTE

MULTIPLE TIMES. THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MS. FAHY.

MS. FAHY: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO RISE TO EXPLAIN MY VOTE. THIS -- I JUST WANT TO START BY

COMMENDING THE SPONSOR. THIS IS MY SEVENTH YEAR AND THIS IS

SOMETHING I HAVE SUPPORTED EACH YEAR. I JUST THINK THAT THIS IS -- WE

OFTEN REFER TO IT AS JUST THE LLC LOOPHOLE AND IT'S BEEN ONE WHOPPER OF

A LOOPHOLE THAT I THINK HAS BEEN ABUSED SO MUCH. AND IT'S JUST A TRULY,

NYS ASSEMBLY JANUARY 14, 2019

TRULY MOMENTOUS DAY, ESPECIALLY ASSUMING THAT THEY HAVE PASSED THIS

OVER IN THE SENATE IF WE THINK THAT WE CAN MAKE PROGRESS ON THIS. AS

-- AS OUR COLLEAGUE SAID, THIS GETS US OUT OF THE GREY ZONE AND NOW

BEGINS TO TREAT LLCS AS CORPORATIONS.

THE MOST IMPORTANT THING IS WE TALK ALL THE TIME HERE

ABOUT OPENING UP OUR BOOKS TO MAKE SURE WE ARE TRANSPARENT IN WHAT

WE DO AND HAVING MORE DISCLOSURE. AND THE DISCLOSURE PART OF THIS IS

REALLY, REALLY CRITICAL. I RECOGNIZE, AS OTHERS HAVE SAID, THEY'LL NEED

MORE ENFORCEMENT, BUT HAVING THE DISCLOSURE IS TRULY IMPORTANT AND

THIS REALLY BEGINS TO LEVEL THE PLAYING FIELD. I KNOW THAT'S THE ONE THING

THAT REALLY KEPT ME FROM ALMOST RUNNING FOR THIS SEAT, AND THAT IS THE

INFLUENCE OF MONEY AND RUNNING AGAINST BIG MONEY. AND THE FACT THAT

THIS WILL HELP US WITH LEVELING THE PLAYING FIELD AND GET THE DARK MONEY

OR SHADY MONEY, WHATEVER YOU CALL IT, OUT OF POLITICS, THIS IS A

MOMENTOUS STEP AND, WITH THAT, I -- I VOTE IN THE AFFIRMATIVE AND THANK

THE SPONSOR, AGAIN, FOR HER EFFORTS.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

MS. LINDA ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. TODAY, WE ARE FINALLY TAKING ACTION TO CLOSE THE

MUCH DESPISED LLC LOOPHOLE. BY DOING SO, WE ARE SHINING A MUCH

NEEDED LIGHT ON CAMPAIGN FINANCES AND HELPING TO RESTORE THE BALANCE

OF POWER IN ALBANY BY PUTTING IT BACK INTO THE PEOPLE'S HANDS. FOR

YEARS, THE LLC LOOPHOLE, WHICH WAS CREATED VIA A MISINTERPRETATION OF

NYS ASSEMBLY JANUARY 14, 2019

STATE ELECTION LAW, HAS ALLOWED WEALTHY DONORS TO SKIRT CAMPAIGN

CONTRIBUTIONS -- CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO THEM

BY ENCOURAGING THEM TO HIDE BEHIND A SERIES OF COMPLICATED AND

SECRETIVE LLCS.

ACCORDING TO THE BRENNAN CENTER FOR JUSTICE, A SINGLE

REAL ESTATE DEVELOPER IN ONE ELECTION CYCLE IN 2014 CREATED AN

ASTOUNDING 27 INDIVIDUAL LLCS TO DONATE MORE THAN $4.3 MILLION THAT

CYCLE, WELL OVER THE ALLOWABLE INDIVIDUAL, CORPORATE OR PARTNERSHIP

LIMITS. VOTING TO CLOSE THE LLC LOOPHOLE IS A VOTE TO END THE DAYS

WHEN WEALTHY INDIVIDUALS CONTROLLED THE DEBATE. IT'S A VOTE TO RESTORE

THE POWER BACK TO THE PEOPLE OF THE STATE OF NEW YORK AND ENSURE THAT

THEIR VOICES RISE ABOVE THE DIN. TODAY, WE SEND A STRONG MESSAGE -

NEW YORK IS NOT FOR SALE - AND WE WILL WORK TO DO WHAT IS RIGHT FOR THE

VOTERS AND OUR CONSTITUENTS, REGARDLESS OF THEIR INCOME BECAUSE THAT IS

WHAT WE ARE ELECTED TO DO.

SO, I -- I THANK THE SPONSOR FOR HER DILIGENCE AND

PERSISTENCE ON THIS BILL AND I PROUDLY CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00777, RULES REPORT

NO. 6, CARROLL, LAVINE, ENGLEBRIGHT, GALEF, GOTTFRIED, ORTIZ, QUART,

PAULIN, BUCHWALD, M. G. MILLER, COLTON, L. ROSENTHAL, MOSLEY, FAHY,

NYS ASSEMBLY JANUARY 14, 2019

ZEBROWSKI, OTIS, ABINANTI, ROZIC, JAFFEE, HEVESI, WALLACE, STIRPE,

SEAWRIGHT, BLAKE, CUSICK, DE LA ROSA, JONES, LENTOL, NIOU, RIVERA,

RYAN, RODRIGUEZ, BRONSON, SANTABARBARA, STECK, WALKER, VANEL,

BURKE, CRUZ, EICHENSTEIN, EPSTEIN, FALL, GRIFFIN, HEASTIE, JACOBSON,

MCMAHON, RAYNOR, REYES, ROMEO, WEINSTEIN, DENDEKKER, FRONTUS,

TAYLOR, GANTT, SIMON. CONCURRENT RESOLUTION OF THE SENATE AND

ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 5 OF ARTICLE II OF THE

CONSTITUTION, IN RELATION TO THE 10-DAY ADVANCE REGISTRATION

REQUIREMENT.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CARROLL, THE SENATE BILL IS BEFORE THE HOUSE, THE SENATE BILL IS

ADVANCED. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: SORRY. AN

EXPLANATION IS REQUESTED BY MR. GOODELL.

MR. CARROLL: GOOD EVENING. THIS BILL WOULD

ELIMINATE THE PROVISION IN THE NEW YORK STATE CONSTITUTION THAT

REQUIRES A VOTER TO VOTE -- TO REGISTER TO VOTE AT LEAST 10 DAYS PRIOR TO AN

ELECTION.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

CARROLL?

MR. CARROLL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

NYS ASSEMBLY JANUARY 14, 2019

MR. GOODELL: THANK YOU VERY MUCH. NOW, IF

THIS -- WELL, FIRST OF ALL, LET ME BACK UP. RIGHT NOW UNDER THE

CONSTITUTION, YOU HAVE TO REGISTER AT LEAST 10 DAYS BEFORE THE ELECTION,

CORRECT?

MR. CARROLL: YES.

MR. GOODELL: AND DID YOU LOOK AT THE LEGISLATIVE

HISTORY, THE CONSTITUTIONAL HISTORY AS TO WHY WE HAVE THAT TEN-DAY

REQUIREMENT?

MR. CARROLL: WHY DO WE HAVE IT, MR. GOODELL?

MR. GOODELL: WELL, I BELIEVE IT'S SO THAT WE CAN

ENSURE THAT THOSE WHO VOTE IN THE ELECTION HAVE BEEN PROPERLY VETTED

BY BOARDS OF ELECTIONS. ARE YOU AWARE OF OTHER REASONS?

MR. CARROLL: WELL, I AM ALSO AWARE THAT WE HAVE

HAD SOME ADVANCES IN TECHNOLOGY RECENTLY, AND I THINK THAT WE WILL

MAKE SURE ONCE WE PASS THIS CONSTITUTIONAL AMENDMENT, NOT JUST THIS

YEAR, BUT TWO YEARS FROM NOW, AND WHEN THE PEOPLE OF THE STATE OF

NEW YORK THEN VOTE IT INTO OUR CONSTITUTION, THAT WE WILL BE ABLE TO

COME UP WITH A FRAMEWORK IN ENACTING LEGISLATION TO MAKE SURE THAT ALL

OF THOSE WHO WANT -- WISH TO REGISTER TO VOTE ARE ACTUALLY ABLE TO VOTE.

MR. GOODELL: OF COURSE WE'RE NOT AT THE

IMPLEMENTATION PHASE --

MR. CARROLL: WE ARE NOT.

MR. GOODELL: -- YET.

BUT WOULD IT BE YOUR OBJECTIVE, IF THIS PASSES IN TWO

CONSECUTIVE LEGISLATURE AND WHATEVER, THAT AN INDIVIDUAL COULD SHOW

NYS ASSEMBLY JANUARY 14, 2019

UP FOR THE FIRST TIME ON THE DAY OF THE ELECTION, REGISTER TO VOTE AND CAST

THEIR VOTE?

MR. CARROLL: YES.

MR. GOODELL: AND WHERE WOULD THEY SHOW UP TO

MR. CARROLL: WELL, I THINK THAT WOULD BE THE

ENACTING LEGISLATION AND THAT THIS BODY WOULD DECIDE THAT. BUT, YES, I

COULD SEE EITHER GOING TO YOUR LOCAL POLLING PLACE AND BEING ABLE TO

WOULD HAVE TO GO TO THEIR LOCAL BOARD OF ELECTIONS IN THEIR COUNTY TO

ELECTION ITSELF.

MR. GOODELL: AND THEN YOU ENVISION

INSTANTANEOUS VOTER REGISTRATION UPDATES SO THAT THE POLLING PLACES

WOULD KNOW THAT THIS INDIVIDUAL REGISTERED AT ANOTHER --

MR. CARROLL: I ENVISION THAT AND MANY OTHER

THINGS.

MR. GOODELL: WHAT'S THAT?

MR. CARROLL: I ENVISION THAT AND MANY OTHER

THINGS.

MR. GOODELL: I SEE. AND, OF COURSE, AS WE ALL

KNOW, THE ELECTION DAY IS THE BUSIEST DAY OF THE YEAR FOR THE BOARD OF

ELECTIONS. IN MY DISTRICT, THERE ARE 99 ELECTION DISTRICTS, SO, THEY WOULD

THEY'RE IN, GIVE THEM A PROVISIONAL OR AN ABSENTEE OR AN AFFIDAVIT BALLOT

NYS ASSEMBLY JANUARY 14, 2019

AT THAT POINT IN TIME?

MR. CARROLL: YES. PRESUMABLY, THEY WOULD BE

ABLE TO DO THAT.

MR. GOODELL: I SEE. AND DOES THIS BILL PROVIDE

ANY FUNDING TO THE BOARDS OF ELECTIONS FOR THE NECESSARY STAFF OR

TECHNOLOGICAL UPDATES OR ANYTHING OF THAT NATURE?

MR. CARROLL: MR. GOODELL, THIS IS THE FIRST STEP IN

A TWO-YEAR PROCESS. THIS BODY AND THE STATE SENATE WILL BE ABLE TO

DRAFT AND REVIEW THE ENACTING LEGISLATION. AS YOU KNOW FULL WELL, EVEN

THOUGH THE CONSTITUTIONAL MINIMUM IS 10 DAYS, CURRENTLY IN LAW IT IS

ACTUALLY 25 DAYS THAT YOU MUST REGISTER PRIOR TO AN ELECTION. AND SO I

BELIEVE THIS BODY WILL BE ABLE TO TAKE THAT UNDER ADVISEMENT AND MAKE

SURE THAT WE BRING SAME-DAY REGISTRATION TO THE STATE OF NEW YORK,

BECAUSE WHAT I THINK IS MOST IMPORTANT HERE AND WHAT I THINK MANY

PEOPLE IN THIS BODY BELIEVE, IS THAT YOU HAVE A CONSTITUTIONAL RIGHT TO

VOTE AND WE SHOULD NOT PUT ANY ARBITRARY IMPOSITIONS ON THAT RIGHT TO

VOTE. AND A PERSON WHO IS ELIGIBLE TO VOTE SHOULD BE ABLE TO GO TO

THEIR POLLING PLACE, OR GO TO THEIR COUNTY BOARD OF ELECTIONS AND BE

ABLE TO VOTE THAT DAY, BECAUSE THAT IS THEIR RIGHT AS A U.S. CITIZEN.

MR. GOODELL: THANK YOU, MR. CARROLL.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. THANK

YOU, MR. CARROLL. CERTAINLY, I AGREE WITH THE SPONSOR THAT WE WANT TO

NYS ASSEMBLY JANUARY 14, 2019

ENCOURAGE PEOPLE TO VOTE. BUT A FUNDAMENTAL CHALLENGE OF OUR VOTING

SYSTEM IS TO ENSURE THAT PEOPLE VOTE IN THE RIGHT DISTRICT, USING THE RIGHT

BALLOT, THAT THEY'RE DULY-ELIGIBLE AND THEY'RE QUALIFIED. OUR

CONSTITUTION CURRENTLY REQUIRES AT LEAST 10 DAYS TO VERIFY WHERE THEY

LIVE AND, YET, IN MANY OF OUR DISTRICTS YOU HAVE MULTIPLE, OVERLAPPING

JURISDICTIONS WITH DIFFERENT BALLOTS. SO, YOU MIGHT BE IN ONE TOWN WITH

TWO DIFFERENT FIRE DISTRICTS, DIFFERENT COUNTY LEGISLATIVE DISTRICTS,

DIFFERENT ASSEMBLY DISTRICTS, EVEN.

AND SO, IT'S NOT NECESSARILY A SIMPLE PROCESS FOR THE

BOARD OF ELECTIONS TO DETERMINE ON THE SPOT, ON THE BUSIEST DAY OF THE

YEAR, WHILE THEY'RE HANDLING EVERYTHING ELSE, WHICH IS A CORRECT

ELECTION DISTRICT FOR YOU, AND IT IS ALMOST IMPOSSIBLE FOR THEM TO

ACCURATELY VERIFY YOUR BACKGROUND INFORMATION.

AND SO, CERTAINLY WE WANT TO ENCOURAGE PEOPLE TO

DEMOCRATIC SYSTEM IS THAT WE ONLY HAVE THE RIGHT ELIGIBLE VOTERS VOTING

IN THE RIGHT DISTRICT USING THE RIGHT BALLOTS. BECAUSE WHEN WE DON'T

HAVE ASSURANCE THAT THE INDIVIDUALS ARE PROPERLY REGISTERED WHERE THEY

BELONG AND THEY ARE WHO THEY ARE, WHO THEY CLAIM TO BE, THEN WE HAVE

MORE PROBLEMS WITH VOTER FRAUD, AND WE UNDERPIN -- UNDERCUT, RATHER,

THE DEMOCRATIC SYSTEM.

RIGHT NOW, AS CORRECTLY POINTED OUT BY MY COLLEAGUE,

STATE LAW REQUIRES 25 DAYS. BEFORE WE GO TO ZERO, WE COULD ALWAYS

CONSIDER, BY THE WAY, AS AN ALTERNATIVE, REDUCING THE 25 AND SEE IF OUR

BOARDS OF ELECTIONS CAN BRING THEIR TECHNOLOGY AND THEIR PROCESSING UP

NYS ASSEMBLY JANUARY 14, 2019

TO SPEED. FOR THAT REASON, I AND SOME OF MY COLLEAGUES HAVE CONCERNS

ABOUT THE IMPLEMENTATION OF THIS BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

CARROLL?

MR. CARROLL: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO, IF WE COULD JUST TAKE A STEP

BACK FOR A SECOND IN TERMS OF VOTER REGISTRATION AS IT'S CURRENTLY DONE,

NOW I KNOW THERE'S THAT 25-DAY REQUIREMENT IN EXISTING LAW.

MR. CARROLL: YES.

MR. RA: WHEN AN INDIVIDUAL WHO WISHES TO ENROLL

TO VOTE FILLS OUT THE VOTER REGISTRATION FORM, THEY PROVIDE A COUPLE OF

ITEMS OF INFORMATION TO THE BOARD OF ELECTIONS THAT THEN WILL ALLOW

THEM TO VERIFY WHO THE PERSON IS, THAT THEY LIVE WHERE THEY SAY THERE IS;

IS THAT CORRECT?

MR. CARROLL: THAT IS CORRECT.

MR. RA: OKAY. AND THAT INCLUDES, I BELIEVE, EITHER A

DRIVER'S LICENSE NUMBER OR -- OR A PORTION OF A SOCIAL SECURITY NUMBER?

MR. CARROLL: YES.

MR. RA: AND THEN IT ALSO REQUIRES A BOX BE CHECKED

THAT -- CONFIRMING THAT THEY'RE A CITIZEN --

NYS ASSEMBLY JANUARY 14, 2019

MR. CARROLL: YES.

MR. RA: -- AND THUS ELIGIBLE TO VOTE. SO, DO YOU

KNOW WHAT THE BOARD OF ELECTIONS THEN DOES WITH THAT INFORMATION

WITH -- WITH THE, YOU KNOW, 25-PLUS DAYS THEY HAVE?

MR. CARROLL: MR. RA, I DON'T WORK FOR THE BOARD

OF ELECTIONS, NOR HAVE I EVER WORKED FOR THE BOARD OF ELECTIONS --

MR. RA: BUT YOU ARE TRYING MAKE A CHANGE IN THE

VOTING LAW.

MR. CARROLL: YES, BUT WHAT I DO KNOW IS THAT THE

TECHNOLOGY EXISTS TO MAKE SURE THAT WE CAN VERIFY WHO A PERSON IS AND

WHETHER THEY ARE ELIGIBLE TO VOTE. AND, AGAIN, WE'RE TALKING ABOUT A

CONSTITUTIONAL RIGHT HERE. AND WHAT YOU AND MR. GOODELL HAVE

CONTINUALLY BROUGHT FORTH THIS EVENING ARE CLERICAL AND BUREAUCRATIC

IMPEDIMENTS TO THAT CONSTITUTIONAL RIGHT. SO, WHAT I THINK IS MUCH

MORE IMPORTANT IS TO MAKE SURE THAT THE BOARD OF ELECTIONS CAN GET ON

THE LEVEL OF THE CONSTITUTION, AND NOT THE OTHER WAY AROUND.

MR. RA: WELL, I -- I AGREE WITH YOU IT'S A

CONSTITUTIONAL RIGHT, BUT IT'S A CONSTITUTIONAL RIGHT FOR EVERY SINGLE ONE

OF US. SO, IF SOMEBODY COMES AND VOTES THAT IS NOT SUPPOSED TO BE

VOTING, THEY'RE CANCELLING OUT SOMEBODY ELSE'S VOTE AND

DISENFRANCHISING THAT PERSON, AS WELL.

MR. CARROLL: I DON'T THINK THAT'S HOW

CONSTITUTIONAL RIGHTS WORK, BUT OKAY.

MR. RA: MY -- SO, IF MY CONSTITUTIONAL RIGHTS, YOU

KNOW -- OKAY. WELL -- WELL, WE'LL AGREE TO DISAGREE ON THAT. YOU

NYS ASSEMBLY JANUARY 14, 2019

KNOW, CONSTITUTIONAL RIGHTS, YOU CAN PROTECT EACH INDIVIDUAL'S

CONSTITUTIONAL RIGHTS. IT -- IT DOESN'T HAVE TO BE --

MR. CARROLL: AND THAT IS EXACTLY WHAT THIS BILL IS

DOING.

MR. RA: OKAY. BUT --

MR. CARROLL: THIS BILL IS PROTECTING EVERY SINGLE

NEW YORKER'S CONSTITUTIONAL RIGHT, THOSE WHO ARE ELIGIBLE TO VOTE. WE

SHOULD NOT PUT UP ANY FALSE BARRIER TO SOMEONE'S ABILITY TO GO OUT AND

VOTE BECAUSE OF A TIME REQUIREMENT, WHICH IS PURELY BASED ON

BUREAUCRACY. ALL OF YOUR ARGUMENTS ARE AROUND THAT CAN THE BOARD OF

ELECTIONS ACTUALLY BE ABLE TO REGISTER SOMEONE TO VOTE. AND I THINK

YES. AND WHAT WE SHOULD NOT DO IS THROW OUR HANDS UP IN THE AIR AND

SAY, WELL, WE'RE NOT SURE, SO YOU KNOW WHAT, LET'S JUST PUT A LINE IN THE

SAND AND SAY, LET'S WAIT 10 DAYS, 25 DAYS. HEY, WHY NOT A YEAR?

MR. RA: I -- I DON'T THINK ANYBODY'S ARGUING FOR THAT,

BUT WE HAVE 25 DAYS IN STATUTE. THIS IS -- THIS IS TAKING AWAY THE

TEN-DAY REQUIREMENT. OKAY. SO -- SO MOVING ON AND WE'RE -- I GUESS

WE'RE GOING TO DISAGREE ON THAT FACTOR THAT IF SOMEBODY DOES COME AND

VOTE WHO'S NOT SUPPOSED TO BE VOTING, THAT THAT IS, I BELIEVE,

DISENFRANCHISING OTHER ELIGIBLE VOTERS. BUT, WE'LL -- WE'LL AGREE TO

DISAGREE ON THAT -- ON THAT POINT.

SO, ONE OF THE THINGS THAT THE BOARD OF ELECTIONS DOES

HAVE THE ABILITY TO DO, THEN, YOU KNOW, THEY GO BACK, THEY PUT THE

PERSON INTO THEIR SYSTEM, AND AS WE ALL KNOW, AS -- AND WE TALKED ABOUT

THIS WITH THE PRE-REGISTRATION, AS AN ELIGIBLE ELECTION COMES UP, WE

NYS ASSEMBLY JANUARY 14, 2019

SEND OUT THESE VOTER CARDS, CORRECT?

MR. CARROLL: YES.

MR. RA: AND ONE OF THE THINGS THAT -- THAT I KNOW

HAPPENS IS SOMETIMES THOSE VOTER CARDS GET RETURNED. AND NOW, THERE'S

PERHAPS -- PERHAPS IT'S JUST, YOU KNOW, AN HONEST REASON IT'S RETURNED,

OR PERHAPS THAT PERSON IS NO LONGER LIVING AT THAT ADDRESS. IT DOES

PROVIDE SOME LEVEL OF CHECK. WHAT DO YOU BELIEVE -- I KNOW THERE'S

GOING TO BE SOME TYPE OF ENABLING LEGISLATION, THIS IS JUST THE

CONSTITUTIONAL PIECE OF IT, BUT WHAT DO YOU ENVISION WOULD BE THE

PROCESS WHEN THIS PERSON COMES IN FOR THE SAME-DAY REGISTRATION?

WOULD THEY SHOW SOME FORM OF ID OR WOULD THEY JUST FILL OUT A FORM?

MR. CARROLL: MR. RA, I DON'T PLAN TO DECIDE

HYPOTHETICALLY WHAT THIS LEGISLATURE IS GOING TO DO IN TWO YEARS. WE

DON'T EVEN KNOW THE MAKEUP OF WHAT THIS BODY WILL BE. WHAT WE'RE

DECIDING RIGHT NOW IS THIS ENACTING LEGISLATION. AND, AGAIN, THOUGH,

YOU KEEP FALLING BACK ON THE IDEA THAT A BUREAUCRATIC PROCESS SHOULD

GET IN THE WAY OF A CONSTITUTIONAL RIGHT. AND I JUST DON'T BELIEVE IN

THAT.

MR. RA: I -- I DON'T THINK THAT'S WHAT I'M SAYING. I'M

SAYING THAT WE NEED TO BE ABLE TO VERIFY THE PERSON COMING FORWARD IF

-- NOW --

MR. CARROLL: THERE ARE -- THERE ARE CONSISTENT

WAYS THAT THE BOARD OF ELECTIONS, YOU MENTIONED TWO OF THEM, ONE,

YOUR SOCIAL SECURITY NUMBER, OR A -- A NEW YORK STATE ID THROUGH

YOUR DRIVER'S LICENSE ARE TWO WAYS THAT WE'VE BEEN ABLE TO VERIFY. I AM

NYS ASSEMBLY JANUARY 14, 2019

SURE IN THE 21ST CENTURY, IN 2021 WHEN THIS WOULD ACTUALLY COME INTO

EFFECT, THAT BETWEEN THE DEPARTMENT OF STATE, THE BOARD OF ELECTIONS

AND ALL OF THE APPARATUSES IN NEW YORK STATE, THAT WE WOULD BE ABLE TO

THE FIND A WAY TO MAKE SURE THAT WE COULD VERIFY A VOTER. AND THEN, IF

WE COULDN'T, WE COULD VERY EASILY CREATE A PROVISIONAL BALLOT SITUATION

WHERE THAT PERSON'S ELIGIBILITY COULD BE CHECKED AFTER THE ELECTION AND

COUNTED AS IF IT WERE AN ABSENTEE BALLOT OR AN EMERGENCY BALLOT. SO,

THERE ARE A MULTITUDE OF WAYS THAT WE COULD DO THIS. BUT I THINK

YOURSELF AND MR. GOODELL ARE DECIDING TO KIND OF NARROW DOWN AND

DRILL DOWN THE MOST PICAYUNE AND PEDANTIC POINTS TO MAKE SURE THAT WE

GET BUREAUCRACY, AGAIN, IN THE WAY OF CONSTITUTIONAL RIGHTS.

MR. RA: YEAH, WELL, I -- I DON'T AGREE THAT THAT'S

WHAT WE'RE DOING AT ALL. WE'RE TRYING TO ENSURE THAT THERE'S A PROCESS

THAT -- THAT CAN BE DONE CORRECTLY TO MAKE SURE WE -- WE VERIFY THAT

PEOPLE WHO ARE ELIGIBLE TO VOTE CAN VOTE, AND PEOPLE THAT ARE NOT

ELIGIBLE TO VOTE CANNOT. SO, YOU JUST MENTIONED THE -- THE LAST QUESTION

I HAD. DO YOU ENVISION THAT THIS WOULD BE SOMEBODY WHO COULD COME

IN AND THEN VOTE ON THE MACHINE, OR -- OR WOULD IT BE SOME TYPE OF

AFFIDAVIT OR PROVISIONAL BALLOT SITUATION?

MR. CARROLL: AGAIN, IT WOULD BE PRESUMPTUOUS

OF MYSELF TO ASSUME HOW WE WOULD DO THAT. THAT'S THE -- THAT'S A

DECISION FOR THIS ENTIRE BODY. THAT'S A DECISION FOR A -- TWO YEARS FROM

NOW. BUT, YES, I COULD ENVISION EITHER SCENARIO.

MR. RA: THANK YOU VERY MUCH, MR. CARROLL.

MR. SPEAKER, ON THE BILL.

NYS ASSEMBLY JANUARY 14, 2019

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: SO -- SO THIS -- YES, THIS IS A CONSTITUTIONAL

AMENDMENT. I -- I DON'T THINK WE SHOULD MAKE, YOU KNOW, THE

PROVISIONS IN OUR CONSTITUTION OVERLY WORDY, BUT I DO BELIEVE THAT WE

-- WE SHOULD, AS WE'RE DOING THIS, HAVE SOME IDEA OF HOW THIS PROCESS

IS GOING TO WORK. WHAT HAPPENS WHEN YOU REGISTER IN ADVANCE, THERE

ARE SEVERAL CHECKS THERE, BECAUSE IF YOU'VE FILLED OUT THAT PAPERWORK IN

ADVANCE, YOU'RE NOW GIVING A SIGNATURE THAT THEY'RE GOING TO HAVE ON

FILE, THERE'S SOME INFORMATION THAT CAN BE VERIFIED, THERE'S THE VOTER

CARD, AS OPPOSED TO THE PERSON COMES IN THAT DAY, THERE IS -- THERE'S NOT

REALLY KIND OF TWO LEVELS INVOLVED, THERE'S ONLY ONE.

SO, THERE ARE A LOT OF CONCERNS WITH THIS. IT HAS

NOTHING TO DO WITH TRYING TO PUT UP BUREAUCRATIC BARRIERS, BUT -- BUT IT

DOES HAVE TO DO WITH MAKING SURE THAT PEOPLE, AGAIN, WHO ARE ELIGIBLE

TO VOTE ARE ABLE TO VOTE, AND PEOPLE WHO ARE NOT ELIGIBLE TO VOTE DO NOT

VOTE. WE DISAGREE ON THE POINT, BUT, I BELIEVE THAT IF SOMEBODY COMES

IN AND VOTES WHO IS NOT SUPPOSED TO VOTE, I THINK THAT IS

DISENFRANCHISING OTHER VOTERS BECAUSE IT CAN BE CANCELING OUT THEIR

VOTE.

SO, I -- I THINK MANY PEOPLE HERE HAVE A CONCERN

ABOUT THIS. I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE AND I THINK

FOR -- FOR THOSE SAME REASONS, MANY OF MY COLLEAGUES WILL AS WELL.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JOHNS.

NYS ASSEMBLY JANUARY 14, 2019

MR. JOHNS: YES, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. JOHNS: MR. SPEAKER, I PLAN ON VOTING FOR MOST

OF THESE VOTER REFORMS. I THINK I VOTED FOR THE FIRST TWO OR THREE. I HAVE

A LITTLE PROBLEM WITH THIS ONE, BECAUSE I JUST DON'T THINK SAME-DAY

REGISTRATION, OR ONE DAY IN ADVANCE OF THE VOTE IS REALLY ENOUGH TIME TO

DO A BACKGROUND CHECK. AND I WOULD REFER TO ANOTHER CONSTITUTIONAL

RIGHT BESIDES VOTING, I DON'T KNOW OWN A GUN, NEVER HAVE, BUT I SEE

LEGISLATION THAT SAYS THAT WE'RE GOING TO GO TO A TEN-DAY BACKGROUND

CHECK FOR GUNS. SO, NO ONE CAN BUY A GUN UNTIL THEY GO IN AND TRY AND

PURCHASE IT AND WAIT FOR A TEN-DAY BACKGROUND CHECK. I DON'T THINK A

TEN-DAY BACKGROUND CHECK IF SOMEONE'S GOING TO PURCHASE A GUN IS ANY

DIFFERENT THAN GOING TO A TEN-DAY BACKGROUND CHECK TO SEE IF SOMEONE'S

ELIGIBLE TO VOTE. WE WANT TO MAKE SURE THAT IN BOTH CASES THERE'S NO

FRAUD, THE PEOPLE THAT SHOULDN'T VOTE SHOULDN'T VOTE, AND PEOPLE THAT

HAVEN'T A GUN OR A WEAPON SHOULD NOT HAVE A GUN OR A WEAPON. AND TO

TAKE AN EXTRA 10 DAYS TO MAKE SURE THAT THAT HAPPENS I DON'T THINK IS

UNREASONABLE. SO, I'LL BE VOTING NO FOR THIS PARTICULAR PIECE OF

LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

JOHNS.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY JANUARY 14, 2019

(THE CLERK RECORDED THE VOTE.)

MR. ORTIZ TO EXPLAIN HIS VOTE.

MR. ORTIZ: THANK YOU -- THANK YOU, MR. SPEAKER.

AND I'M -- I AM STANDING HERE TODAY TO CONGRATULATE AND TO THANK THE

SPONSOR OF THIS PIECE OF LEGISLATION. TEN DAYS OR ONE DAY I THINK IS

VERY IMPORTANT AND VERY CRITICAL THAT WE GIVE THE VOTERS THE OPPORTUNITY

THAT THEY -- IF THEY CHOOSE TO VOTE THE SAME DAY, THEY SHOULD BE

REGISTERING AND VOTING THE SAME DAY. AND I THINK THIS BILL IS A STEP IN

THE RIGHT DIRECTION. I THINK WE HAVE A LOT THAT WE HAVE DONE TODAY,

ABOUT THE LLC, WHICH IS ANOTHER IMPORTANT PIECE OF LEGISLATION, AND

ALSO ENGAGING IN OUR -- OUR NEW GENERATION BY ALLOWING THEM TO

WITH THAT, MR. SPEAKER, I WOULD LIKE TO THANK THE

SPEAKER, THE SPONSOR OF THIS BILL FOR GIVING US THIS WONDERFUL PIECE OF

LEGISLATION, AND I HOPE THAT WE CAN SEE THE DAY WHERE WE CAN REGISTER

THE SAME DAY AND VOTE IN THE SAME DAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. ORTIZ IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES?

MR. MANKTELOW TO EXPLAIN HIS VOTE.

MR. MANKTELOW: I'D LIKE TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED, SIR.

MR. MANKTELOW: WE'VE TALKED ABOUT THIS FOR

QUITE A -- A LITTLE BIT HERE TODAY. AND I APPRECIATE THE -- THE PROCESS OF

THIS AND WHERE WE WANT TO GO, BUT THIS IS WHAT I SEE FROM THE LOCAL

NYS ASSEMBLY JANUARY 14, 2019

LEVEL. WE'VE TALKED ABOUT SEVERAL DIFFERENT BILLS HERE AND EACH TIME,

YEP, WE'RE GOING TO TAKE CARE OF IT, YES, WE'RE GOING TO TAKE CARE OF IT.

WE'RE PUTTING ALL THIS BURDEN BACK ON OUR LOCAL BOARD OF ELECTIONS.

AND, BY THE WAY, WE'RE NOT FUNDING IT. AS A -- AS A FORMER COUNTY

LEGISLATOR AND A TOWN SUPERVISOR, I DO KNOW THAT EVERY TIME YOU ADD

ONE OF THESE PIECES OF BILLS BACK TO OUR LOCAL PEOPLE, WE'VE GOT TO TAKE

CARE OF THAT. AND NOT HAVING AN ANSWER, WELL, WE'LL WORK IT OUT. WELL,

WE WORK IT OUT, THAT DOESN'T ALWAYS WORK. IT DEFINITELY DOES NOT WORK

FROM THE STATE LEVEL DOWN TO THE LOCAL MUNICIPALITIES IN GOVERNMENTS.

SO, WE'VE GOT TO FIND A WAY OF FUNDING THESE THINGS AS

WE MOVE FORWARD, BECAUSE RIGHT NOW OUR COUNTY BUDGETS ARE SO TIGHT

UNDERNEATH THE TAX CAP IN DOING SO. AND EVERY TIME WE ADD ONE OTHER

THING TO THAT -- TO THAT MISSION OF THESE PEOPLE, WE'RE ADDING MORE COST

TO THE LOCAL GOVERNMENTS. AND WE WANT TO KEEP THE COSTS DOWN. WE

WANT TO KEEP PEOPLE HERE. WE WANT THEM TO BE ABLE TO DO SO. SO, I'M

GOING TO VOTE NO ON THIS, ONLY BECAUSE THERE'S NO EXPLANATION OF HOW

WE'RE GOING TO FUND IT, WHO'S GOING TO DO IT. AND, OH, BY THE WAY, WE'LL

FIX IT LATER. THAT DOES NOT WORK. THANK YOU.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE NEGATIVE. WELCOME TO THE NEW YORK STATE LEGISLATURE, SIR.

(LAUGHTER)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00778, RULES REPORT

NYS ASSEMBLY JANUARY 14, 2019

NO. 7, VANEL, LAVINE, HEASTIE, CUSICK, LUPARDO, GOTTFRIED, PAULIN,

AUBRY, SIMOTAS, GALEF, LIFTON, ABINANTI, ZEBROWSKI, COLTON, CARROLL,

WEPRIN, BARNWELL, SEAWRIGHT, RAMOS, SIMON, OTIS, GLICK,

SCHIMMINGER, DINOWITZ, JONES, BUCHWALD, L. ROSENTHAL, WALLACE,

ENGLEBRIGHT, JAFFEE, HYNDMAN, BURKE, CRUZ, EICHENSTEIN, EPSTEIN,

FALL, GRIFFIN, JACOBSON, MCMAHON, RAYNOR, REYES, ROMEO, WEINSTEIN,

BLAKE, DENDEKKER, FRONTUS, TAYLOR, GANTT, LENTOL. CONCURRENT

RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO

SECTION 2 OF ARTICLE II OF THE CONSTITUTION, IN RELATION TO AUTHORIZING

BALLOT BY MAIL BY REMOVING CAUSE FOR ABSENTEE BALLOT VOTING.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

VANEL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED AND A (SIC) EXPLANATION IS REQUESTED, MR. VANEL.

MR. VANEL: THANK YOU, MR. SPEAKER.

THIS BILL IS ABOUT PROTECTING THE FRANCHISE OF VOTING.

VOTING IS A CORNERSTONE OF OUR DEMOCRACY. IT IS THE ROCK THAT THIS

HOUSE IS BUILT UPON. WE MUST DO ALL IN OUR POWER TO ENSURE THAT NEW

YORKERS ARE NOT CONSTRAINED BY EXERCISING THEIR RIGHT TO VOTE. DURING A

RECENT -- THIS RECENT GENERAL ELECTION IN 2018 IN NEW YORK CITY, MANY

PEOPLE WAITED ON LINE FOR OVER AN HOUR-AND-A-HALF TO CAST THEIR BALLOT.

MANY POLL -- POLL SITES WERE OVERCROWDED, POLL WORKERS WERE

OVERWORKED, AND TOO MANY NEW YORKERS WERE TURNED AWAY. IN

UPSTATE NEW YORK, THERE ARE COUNTIES THAT ARE VERY LARGE THAT SPAN

MANY MILES. IT'S EXTREMELY DIFFICULT FOR THOSE NEW YORKERS AND THOSE

COUNTIES TO VOTE IF THEY WORK ON ONE END OF THE COUNTY TO GET TO THE

NYS ASSEMBLY JANUARY 14, 2019

OTHER END OF A COUNTY TO WORK ON THAT -- I MEAN, TO -- TO VOTE ON THAT

DAY.

TODAY, THE LAW DOES NOT ALLOW THAT PERSON TO VOTE VIA

ABSENTEE BALLOT BECAUSE THEY WOULD NOT HAVE A VALID EXCUSE. WE MUST

MAKE IT EASIER FOR NEW YORKERS TO VOTE. THIS BILL AMENDS SECTION 2,

ARTICLE II OF THE NEW YORK STATE CONSTITUTION BY REMOVING CAUSE FOR

ABSENTEE BALLOT VOTING. IN NEW -- A NEW YORKER WOULD BE ABLE TO

APPLY FOR AN ABSENTEE BALLOT BY RIGHT WITHOUT HAVING TO IDENTIFY AN --

AN ENUMERATED EXCUSE.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

VANEL?

MR. VANEL: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU VERY MUCH. SO, YOU KNOW, AS

WE KNOW THIS IS -- THE PROVISIONS REGARDING, YOU KNOW, WHAT EXCUSES

ALLOW SOMEBODY TO CURRENTLY APPLY FOR AN ABSENTEE BALLOT ARE LISTED IN

OUR STATE CONSTITUTION. SO, THE ONLY WAY TO EXPAND THAT IS THROUGH A

CONSTITUTIONAL AMENDMENT SUCH AS THIS, CORRECT?

MR. VANEL: CORRECT.

MR. RA: SO, NOW, WE'RE NOT REALLY ADDING ADDITIONAL

EXCUSES, WHAT WE'RE REALLY SAYING HERE IS THAT YOU DON'T NEED ANY

EXCUSE. IF YOU WANT TO VOTE FOR ABSENTEE, YOU'LL -- YOU KNOW, YOU'LL FILL

NYS ASSEMBLY JANUARY 14, 2019

OUT, PRESUMABLY, THE PAPERWORK LIKE YOU DO NOW IF YOU HAD MET ONE OF

THE EXCUSES, YOU'LL -- YOU'LL FILL OUT THE PAPERWORK, SUBMIT IT TO THE

BOARD OF ELECTIONS AND YOU CAN VOTE ABSENTEE.

MR. VANEL: THAT'S CORRECT. SO, RIGHT NOW, THE

APPLICATION FOR ABSENTEE BALLOT, I THINK THE SECOND OR THIRD SECTION HAS

ENUMERATED EXCUSES THAT WOULD BE -- THAT MAKE UP -- WE'D HAVE TO

HAVE ENUMERATE -- ENUMERATING LEGISLATION TO FIGURE OUT, YOU KNOW,

WHETHER OR NOT TO REMOVE AND HOW TO REMOVE THAT -- THAT SECTION IN THE

APPLICATION.

MR. RA: OKAY. AND JUST, PRESUMABLY LIKE -- LIKE THE

PREVIOUS RESOLUTION, THIS WOULD REQUIRE IN THE FUTURE MAYBE SOME TYPE

OF ENACTING LEGISLATION ON WHAT THE PROCEDURES WOULD BE WITHIN THE

BOARD OF ELECTIONS?

MR. VANEL: THAT IS CORRECT. SO, IF IT -- THIS

LEGISLATION PASSES TODAY AND IN THE SENATE, WE'D HAVE TO PASS IT AGAIN IN

THE NEXT SESSION, AND THEN WE'D HAVE TO FIGURE OUT THE -- THE ENACTING

LEGISLATION.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: I -- I THINK THIS -- THIS PIECE OF LEGISLATION,

AND I'VE SUPPORTED IT IN THE PAST, IS A -- IS A GOOD ONE IN THAT WE'RE

GOING TO GIVE PEOPLE THE OPPORTUNITY, YOU KNOW, WHO WANT TO VOTE

ABSENTEE. WITH OUR CURRENT SYSTEM, UNFORTUNATELY, BECAUSE YOU HAVE TO

BE ABSENT FROM THE COUNTY, YOU COULD -- YOU COULD BE A COUPLE OF HOURS

NYS ASSEMBLY JANUARY 14, 2019

AWAY AND STILL BE WITHIN THE COUNTY -- THE COUNTY. YOU KNOW, MAYBE

YOU LIVE ON ONE END OF THE COUNTY ON A LARGER COUNTY, AND -- AND YOU

WORK ON THE OTHER END, YOU WOULDN'T CURRENTLY BE ELIGIBLE. SO, I THINK

THAT THIS, RATHER THAN THE BILL THAT WE'RE GOING TO BE TAKING UP LATER ON TO

-- TO ALLOW THE 10 DAYS OF EARLY VOTING, I THINK THIS IS REALLY THE BETTER

APPROACH FOR US TO -- TO GIVE PEOPLE THE ABILITY TO SUBMIT FOR AN

ABSENTEE BALLOT AND -- AND CAST THEIR BALLOT IN THAT WAY, AS OPPOSED TO

SOME OF THE CONCERNS WITH -- WITH COSTS THAT ARE GOING TO COME UP WITH

THE EARLY VOTING PROPOSAL LATER ON.

SO, I'M HAPPY TO SUPPORT THIS PIECE OF LEGISLATION.

AGAIN, I UNDERSTAND THERE ARE SOME CONCERNS THAT PEOPLE HAVE WITH

BRINGING IN MANY MORE ABSENTEE BALLOTS THAN -- THAN WE'RE USED TO, BE

THEY FROM, YOU KNOW, THAT THERE MAY BE SOME POTENTIAL FOR FRAUD, OR

THERE MAY BE JUST AN IN -- A MAJOR INCREASE IN ABSENTEE BALLOTS THAT

MIGHT DELAY, YOU KNOW, CALCULATING ELECTION RESULTS. BUT I THINK BY

AND LARGE THIS IS -- THIS IS THE RIGHT APPROACH AND I'M GOING TO BE

CASTING MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. PHILLIP STECK.

MR. STECK: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR FOR UNDERTAKING TO CHANGE THE CONSTITUTION TO

MAKE THIS POSSIBLE. I WILL BE VOTING NO NOT SO MUCH BECAUSE I'M

AGAINST THIS IN CONCEPT, BUT BECAUSE I WANT TO SOUND AN ALARM SO THAT

WHEN WE DO SUBSEQUENT LEGISLATION TO IMPLEMENT IT, WE WILL GET IT

RIGHT. THE GOVERNOR HAS PROPOSED, ALTHOUGH ONLY IN A PRESS RELEASE

NYS ASSEMBLY JANUARY 14, 2019

WITHOUT ANY DETAILS, VOTING BY MAIL. I SUPPORT THAT CONCEPT BECAUSE IN

VOTING BY MAIL, SUCH AS THE SYSTEM OREGON HAS, BALLOTS ARE SENT DIRECT

TO VOTERS WITHOUT THE NEED FOR APPLICATIONS. ONLY VOTERS CAN HANDLE

THE BALLOTS.

IN NEW YORK, THE NO EXCUSES ABSENTEE BALLOTS HAS

BEEN A -- A PROBLEM. AND I AM HOPING THAT SOMEONE WILL LISTEN AND

REVISE OUR CURRENT PROCESS IN WHICH POLITICAL OPERATIVES CAN HANDLE

ABSENTEE BALLOTS. THE ABILITY OF POLITICAL OPERATIVES TO MANIPULATE

ABSENTEE BALLOTS HAS LED TO CORRUPTION IN THOSE PARTS OF THE STATE WHERE

MINOR PARTY PRIMARIES MATTER. OUR COURT OF APPEALS HAS RECOGNIZED

THIS PROBLEM NUMEROUS TIMES IN DECISIONS RELATING TO ABSENTEE BALLOTS.

MANIPULATION OF ABSENTEE BALLOTS HAS ENABLED MAJOR PARTIES TO TAKE

OVER MINOR PARTY LINES, SUCH AS THE GREEN PARTY AND THE WORKING

FAMILIES PARTY BY PERSONS WHO DO NOT SUPPORT THE PRINCIPLES OF EITHER

PARTY. THIS IS A FRAUD ON THE VOTERS WHO GO TO THE POLLS, FOR EXAMPLE,

TO VOTE GREEN, AND THEN END UP VOTING FOR A CONSERVATIVE CANDIDATE

WHO IS OPPOSED TO EVERYTHING THE GREEN PARTY STANDS FOR.

I WILL CITE THREE EXAMPLES FROM WITHIN MY DISTRICT. IN

SCHENECTADY, I WAS THE ATTORNEY FOR MARION PORTERFIELD, THE ONLY

AFRICAN-AMERICAN CITY COUNCIL MEMBER IN A CONTEST OVER THE

WORKING FAMILIES PARTY ENDORSEMENT. HER OPPONENT, AN OWNER OF

MANY APARTMENTS IN THE CITY, ENROLLED TENANTS OF HIS IN THE WORKING

FAMILIES PARTY, EVEN THOUGH THE TESTIMONY SHOWED THEY COULD NOT

UNDERSTAND THE ABSENTEE BALLOT APPLICATION, AND DID NOT KNOW ANYTHING

ABOUT THE WORKING FAMILIES PARTY. FORTUNATELY, DUE TO THE FACT THAT

NYS ASSEMBLY JANUARY 14, 2019

ONE BROTHER SIGNED THE POLL BOOK IN PLACE OF ANOTHER BROTHER, THE

SCHEME WAS EXPOSED, AND MS. PORTERFIELD RETAINED THE WORKING

FAMILIES LINE.

A SIMILAR SCHEME OCCURRED IN COLONIE. A

CONSERVATIVE CANDIDATE ENROLLED 21 PERSONS IN THE GREEN PARTY. ALL 21

VOTED IN THE GREEN PARTY PRIMARY BY ABSENTEE BALLOT. IT WAS HIGHLY

IMPROBABLE THAT ALL 21 WERE QUALIFIED TO VOTE BY ABSENTEE BALLOT. THE

CONSERVATIVE CANDIDATE VOTED THEM BY ABSENTEE BALLOT AND SEIZED THE

GREEN PARTY LINE EVEN THOUGH HE DID NOT SUBSCRIBE TO ANY OF THE

PRINCIPLES OF THE GREEN PARTY. IN THE INDEPENDENCE PARTY PRIMARY, THE

CANDIDATE ENDORSED BY THAT PARTY WON THE PRIMARY 2-1 ON THE MACHINE.

BUT HER OPPONENT ORCHESTRATED A SCHEME TO ENROLL OVER 100 PEOPLE IN

THE INDEPENDENCE PARTY, ALMOST ALL OF WHOM VOTED BY ABSENTEE BALLOT,

COMPLETELY REVERSING THE RESULT OF THE ELECTION.

IN FACT, THIS IS POSSIBLE DUE TO A COMBINATION OF

FACTORS. FIRST, IN REALITY, WE ALREADY HAVE NO EXCUSES ABSENTEE

BALLOTING IN NEW YORK. THE CURRENT FORM ALLOWS SOMEONE TO VOTE BY

ABSENTEE BALLOT JUST BY CHECKING THE BOX SAYING THEY ARE ILL OR NOT IN

THE COUNTY. THERE'S NO EVIDENCE NEEDED TO SUPPORT THAT CLAIM.

SECOND, POLITICAL OPERATIVES TELL THE VOTERS THAT THEY DO NOT HAVE TO GO

TO THE POLLS ON ELECTION DAY, WHICH IS NOT THE TRUTH. THIRD, POLITICAL

OPERATIVES CARRY ABSENTEE APPLICATIONS TO VOTERS, RETURN THEM TO THE

BOARD OF ELECTIONS, THEN CARRY THE BALLOTS BACK TO THE VOTERS, OFTEN

SUPERVISE THE VOTING PROCESS AND THEN RETURN THE COMPLETED BALLOTS TO

THE BOARD. THE SECRET BALLOT PROCESS IS THUS DEFEATED.

NYS ASSEMBLY JANUARY 14, 2019

THIS IS SOMETHING THAT HAS BEEN OCCURRING ALL OVER THE

STATE, NOT JUST IN THE 110TH ASSEMBLY DISTRICT, THOUGH IT MAY NOT OCCUR

IN AREAS WHERE MINOR PARTY LINES DO NOT MATTER. INCIDENTALLY, IN MY

30-PLUS YEARS OF ELECTORAL INVOLVEMENT IN THE COMMUNITY I REPRESENT, I

HAVE NEVER HEARD OF ANYONE BEING DENIED AN ABSENTEE BALLOT WHO

SINCERELY WANTED TO GET ONE. NOR DO I SEE ANY EVIDENCE THAT TURNOUT

WILL BE INCREASED, UNLESS PEOPLE WHO ARE NOT VOTING NOW COME TO SEE

THEY HAVE A STAKE IN THE SYSTEM. BELIEVING YOU HAVE A STAKE IN THE

SYSTEM, THAT THE SYSTEM IS THERE FOR YOU, INCREASES TURNOUT. NO EXCUSES

ABSENTEE BALLOTS HAVE VERY LITTLE TO DO WITH IT.

TO REPEAT, I AGREE WITH THE SPONSOR VERY STRONGLY.

PEOPLE SHOULD NOT WAIT ON LINE FOR HOURS TO VOTE. THAT IS WHY I SUPPORT

A PROCESS OF VOTING BY MAIL, SUCH AS OREGON HAS, WHICH ASSURES THAT

THERE IS NO MANIPULATION OF THE PROCESS OF CASTING A VOTE. UNTIL

APPROPRIATE SAFEGUARDS ARE IN PLACE, THE CONCEPT OF NO EXCUSES

ABSENTEE BALLOT WILL NOT BE A POLICY TO INCREASE VOTER TURNOUT, BUT ONE

THAT FAVORS VOTER MANIPULATION. I HOPE THAT AS WE GO FORWARD WITH THE

STATUTES TO IMPLEMENT THIS CHANGE THAT WE WILL UNDERSTAND THE

IMPORTANCE OF A VOTE BY MAIL SCHEME, AS OPPOSED TO A STRUCTURE OF AN

ABSENTEE BALLOT, AND THAT WE CAN FOLLOW THROUGH TO PRESERVE THE

INTEGRITY OF THE VOTING SYSTEM. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

NYS ASSEMBLY JANUARY 14, 2019

(THE CLERK RECORDED THE VOTE.)

MR. BUCHWALD TO EXPLAIN HIS VOTE.

MR. BUCHWALD: THANK YOU, MR. SPEAKER. I -- I

FIRST RISE TO THANK AND CONGRATULATE THE SPONSOR OF THE -- OF THIS

CONSTITUTIONAL AMENDMENT, BUT I WANT TO HAVE MOST OF MY REMARKS TO

GO TO THE ENTIRE PACKAGE OF SEVEN ELECTION LAW REFORM BILLS THAT WE'RE

ADOPTING TODAY BECAUSE I THINK EACH OF THEM STAND FOR A PRINCIPLE

WHICH IS THAT WE SHOULD BE ENCOURAGING PEOPLE TO VOTE, BUT

COLLECTIVELY, THEY ALSO SEND A MESSAGE THAT VOTES OF NEW YORKERS

REALLY DO MATTER. AND THE FACT THAT THESE BILLS ARE COMING TO THE FLOOR,

NOT JUST TO THE ASSEMBLY BUT ARE GOING TO PASS THE OTHER BODY, AND

THOSE THAT GO TO THE GOVERNOR GO TO THE GOVERNOR, THESE CONSTITUTIONAL

AMENDMENTS WILL COME BACK TO THE LEGISLATURE FOR US TO VOTE ON A

SECOND TIME, REALLY DO, I THINK, ENCOURAGE NEW YORKERS TO SEE THAT

THEIR VOTES DO MAKE A DIFFERENCE, AND THAT MESSAGE IN TOTALITY IS

EXTREMELY IMPORTANT. SO, MY THANKS TO ALL THE SPONSORS OF THESE

INDIVIDUAL PIECES OF LEGISLATION.

I ALSO WANT TO THANK THE CHAIR OF THE ELECTION LAW

COMMITTEE, MR. LAVINE, WHO I HAVE THE HONOR OF SERVING WITH, AND THE

LEADERSHIP OF THIS ASSEMBLY, FOR, I THINK, PROVIDING A VERY BRIGHT DAY

FOR THE FUTURE OF VOTING HERE IN NEW YORK STATE. WITH THAT, I URGE MY

COLLEAGUES TO SUPPORT THIS BILL AND ALL THE BILLS IN THE PACKAGE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. MR.

BUCHWALD IN THE AFFIRMATIVE.

NYS ASSEMBLY JANUARY 14, 2019

MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I JOIN IN

THANKING OUR COLLEAGUES FOR BRINGING THESE CONSTITUTIONAL

AMENDMENTS FORWARD, AND THE COMMITTEES FOR MOVING THEM SO

QUICKLY. THESE CONSTITUTIONAL AMENDMENTS ALL REMOVE RESTRICTIVE

LANGUAGE THAT CONSTRAINS THIS LEGISLATURE FROM MODERNIZING OUR

ELECTION PROCESS TO MEET TODAY'S CONDITIONS. THEY WILL ALLOW US TO

CRAFT NEW LEGISLATION WITH APPROPRIATE LANGUAGE TO MAKE SURE THAT NONE

OF THE CONCERNS EXPRESSED BY OUR COLLEAGUES BECOME PROBLEMS. BUT

WE CAN'T PASS THOSE STATUTES UNLESS WE FIRST CHANGE THE CONSTITUTION AND

GIVE OUR OURSELVES THAT LEEWAY. SO, THEREFORE, I COMMEND MY

COLLEAGUES ON THESE AND I VOTE IN THE AFFIRMATIVE.

I'D LIKE TO MAKE ONE ADDITIONAL NOTE. ON THIS

PARTICULAR CONSTITUTIONAL AMENDMENT, IT HAS BEEN SUGGESTED BY SOME

THAT WE, IN EFFECT, HAVE ABSENTEE VOTING TODAY WITHOUT EXCUSE. I

RESPECTFULLY DISAGREE WITH MY COLLEAGUES. AS AN ELECTION ATTORNEY, I'VE

SPENT HOURS, HOURS AT HEARINGS ARGUING OVER VALIDITY OF ABSENTEE

BALLOTS. IN THE END, THE BALLOTS ARE USUALLY ACCEPTED, BUT THERE -- I HAVE

BEEN IN CIRCUMSTANCES WHERE EVIDENCE HAS BEEN BROUGHT FORWARD TO

CHALLENGE THE VALIDITY OF AN ABSENTEE BALLOT CLAIMING THAT A PERSON WAS,

IN FACT, IN THE COUNTY ON THE DATE OF THE ELECTION, OR WAS NOT SICK ON THE

DATE OF AN ELECTION. THIS WOULD REMOVE A LOT OF LITIGATION IF WE

PROPERLY DRAFT THE STATUTE AFTER PASSING THIS CONSTITUTIONAL AMENDMENT.

SO, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER PICHARDO: MR. ABINANTI IN

NYS ASSEMBLY JANUARY 14, 2019

THE AFFIRMATIVE.

MR. MONTESANO TO EXPLAIN HIS VOTE.

MR. MONTESANO: THANK YOU, MR. SPEAKER. I

SUPPORT THIS BILL AND GLADLY VOTE FOR IT, AND I WOULD HOPE THAT SOMETIME

DURING THIS LEGISLATIVE YEAR WE PASS LEGISLATION WHICH A BILL I HAVE, THAT

AMENDS THE EDUCATION LAW FOR THE SAME REASON, FOR ABSENTEE BALLOTS

FOR SCHOOL VOTE -- SCHOOL BOARD VOTES, SCHOOL BUDGETS, LIBRARY VOTES

HAVE THE MOST RESTRICTIONS ON ABSENTEE BALLOTS, EVEN MORE SO THAN WHAT

THE STATE CURRENTLY HAS. SO IT'S MY HOPE THAT WE DO THE SAME

AMENDMENT TO THAT LAW TO MAKE THOSE BALLOTS JUST AS EASILY ACCESSIBLE.

SO, I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER PICHARDO: MR. MONTESANO

IN THE AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. I RISE JUST TO

EXPLAIN MY VOTE. IN THE PAST, I HAVE NOT SUPPORTED THIS MEASURE. I AM

SUPPORTING IT TODAY. I DO THINK THAT OUT OF THE PACKAGE OF DIFFERENT

REFORMS THAT HAVE BEEN PUT FORWARD TODAY THAT WE'RE ADDRESSING, THIS IS

PROBABLY, I THINK, THE MOST WORKABLE. I JUST THINK THAT IT BEARS

MENTIONING THAT VOTING IS A CIVIC RESPONSIBILITY AND THERE'S ALWAYS A

PREFERENCE FOR IN-PERSON VOTING. SO I -- I WAS CONTACTED BY A NUMBER

OF CONSTITUENTS IN THE LAST COUPLE OF YEARS REALLY EXPRESSING THAT

BECAUSE OF THEIR WORK SCHEDULES AND OTHER DIFFICULTIES, THAT THEY AREN'T

ABLE TO EXERCISE CURRENTLY THE ABSENTEE BALLOT LEGITIMATELY, UNLESS THEY

WANT TO, YOU KNOW, MAKE A LIAR OF THEMSELVES. SO, I DO THINK THAT IT

NYS ASSEMBLY JANUARY 14, 2019

MAY MAKE VOTING MORE CONVENIENT FOR SOME PEOPLE IN THAT SITUATION.

I JUST WOULD SAY THAT, YOU KNOW, IF WE THINK THAT

MAKING MORE CONVENIENT IS NECESSARILY GOING TO CONSIDERABLY INCREASE

VOTER PARTICIPATION, I THINK WE ALL MIGHT BE, YOU KNOW, SURPRISED TO

FIND OUT THAT IT REALLY DOESN'T. I THINK THAT THE PEOPLE WHO GENUINELY

REALLY WANT TO VOTE AND EXERCISE THEIR VOTE, ARE GOING TO DO SO.

BUT I WILL SUPPORT THIS MEASURE TODAY. THANK YOU.

ACTING SPEAKER PICHARDO: MS. WALSH IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00779 --

(PAUSE)

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00779, RULES REPORT

NO. 8, LAVINE, HEASTIE, BRONSON, PAULIN, DENDEKKER, GOTTFRIED, ORTIZ,

HEVESI, DINOWITZ, MCDONALD, SIMOTAS, L. ROSENTHAL, STIRPE, ABINANTI,

BARRETT, FAHY, BRABENEC, GALEF, WEPRIN, ROZIC, BLAKE, BURKE, CARROLL,

CRUZ, EICHENSTEIN, EPSTEIN, FALL, GLICK, GRIFFIN, JACOBSON, LIFTON,

MCMAHON, OTIS, ROMEO, THIELE, WEINSTEIN, FRONTUS, REYES, TAYLOR,

GANTT, ZEBROWSKI, SIMON. AN ACT TO AMEND THE ELECTION LAW, IN

RELATION TO PRIMARY ELECTIONS AND AMENDING CERTAIN DEADLINES TO

FACILITATE THE TIMELY TRANSMISSION OF BALLOTS TO MILITARY VOTERS STATIONED

OVERSEAS; TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO FILLING

NYS ASSEMBLY JANUARY 14, 2019

VACANCIES IN ELECTIVE OFFICES; TO AMEND THE ELECTION LAW, IN RELATION TO

DATE OF PRIMARY ELECTIONS; AND TO AMEND THE ELECTION LAW, IN RELATION

TO CANVASS AND AUDIT OF RETURNS.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: I RISE TO OFFER THE FOLLOWING

AMENDMENT, WAIVE ITS READING, MOVE ITS IMMEDIATE ADOPTION AND

REQUEST THE OPPORTUNITY TO BRIEFLY EXPLAIN IT. I HEREBY REQUEST THAT THIS

AMENDMENT AMENDS THE BILL-IN-CHIEF BY STRIKING THE EXISTING TEXT AND

REPLACING IT WITH LANGUAGE WHICH WILL MOVE THE PRIMARY TO AUGUST,

ALSO IN COMPLIANCE WITH THE FEDERAL MOVE ACT.

ACTING SPEAKER AUBRY: THANK YOU, MR.

NORRIS. SO, THE AMENDMENT IS AT THE DESK AND WE WILL EXAMINE IT, YOU

CAN BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT,

PLEASE.

MR. NORRIS: THANK YOU, MR. SPEAKER. THIS BILL, IF

IT BECAME LAW, IT WOULD BECOME EFFECTIVE AT THIS POINT IMMEDIATELY.

WHICH WOULD MEAN THAT ON FEBRUARY 26TH OF THIS YEAR, DESIGNATING

PETITIONS WOULD BE HITTING THE STREET. THAT'S ABOUT SIX WEEKS FROM

NOW. MANY PARTY LEADERS, MANY CANDIDATES THROUGHOUT THE STATE OF

NEW YORK HAVE BEEN, QUITE FRANKLY, CAUGHT OFF GUARD THAT THIS PROPOSAL

WOULD GO INTO EFFECT THIS YEAR. ALSO, I'D LIKE TO JUST BRIEFLY SAY THAT FOR

INDIVIDUALS WHO LIVE UPSTATE, I LIVE IN LOCKPORT, NEW YORK, RIGHT

OUTSIDE OF BUFFALO AND NIAGARA FALLS, IT IS VERY COLD TO GATHER PETITIONS

IN FEBRUARY AND MARCH, AND THE WEATHER IS VERY INCLEMENT, WHICH

WOULD DEPRESS CANDIDATES FROM ACTUALLY GOING OUT AND GETTING THESE

NYS ASSEMBLY JANUARY 14, 2019

SIGNATURES.

SO, ALSO BALANCING THE MILITARY AND MAKING SURE THAT

THOSE BALLOTS ARE RECEIVED IN A PROPER FASHION AND IN COMPLIANCE WITH

THE MOVE ACT, I KINDLY ASK THAT IT BE AMENDED TO HAVE THE PRIMARY

HELD IN AUGUST.

THANK YOU, MR. SPEAKER, FOR THE CONSIDERATION.

ACTING SPEAKER AUBRY: THE CHAIR HAS

EXAMINED YOUR BILL, MR. NORRIS, AND FOUND IT GERMANE TO THE BILL BEFORE

THE HOUSE.

ON THE AMENDMENT, THE CLERK WILL RECORD THE VOTE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: YES. MR. -- THANK YOU,

MR. SPEAKER. I WILL REMIND MY COLLEAGUES THAT THIS IS LEGISLATION THAT

WE ARE MIRRORING TO MEET THE FEDERAL STANDARDS. THIS IS SOMETHING THAT

WE'VE BEEN VOTING FOR SINCE 2014, AND I WOULD ENCOURAGE MY

COLLEAGUES TO PAY DUE ATTENTION TO THAT AND VOTE ACCORDINGLY. THANK

YOU.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE AMENDMENT HAS FAILED.

THERE IS AN AMENDMENT AT THE DESK. MR. NORRIS TO

BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT.

NYS ASSEMBLY JANUARY 14, 2019

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. I WILL TRY

AGAIN.

SO, ON THIS PARTICULAR AMENDMENT, I WOULD ASK THAT

THE LANGUAGE BE STRUCK FROM IT TAKING EFFECTIVE IMMEDIATELY AND BEING

EFFECTIVE ON JANUARY 1ST, 2020.

ACTING SPEAKER AUBRY: CERTAINLY. THE CHAIR

HAS EXAMINED YOUR AMENDMENT AND FOUND IT GERMANE TO THE BILL BEFORE

THE HOUSE.

ON THE AMENDMENT.

MR. NORRIS: OKAY. MR. SPEAKER, THANK YOU VERY

MUCH. JUST TO BRIEFLY EXPLAIN THE AMENDMENT. AGAIN, LIKE I SAID

PREVIOUSLY, FIRST DAY FOR PETITIONS WOULD BE ON FEBRUARY 26TH FOR

DESIGNATING PETITIONS, IT'S CAUGHT MANY PARTY LEADERS AND CANDIDATES

WHO ARE THINKING ABOUT RUNNING FOR OFFICE OFF -- OFF GUARD. I WOULD

KINDLY ASK THAT THIS AMENDMENT BE STRUCK FOR THE IMMEDIATE LANGUAGE,

AND THEN GO INTO EFFECT STARTING JANUARY 1ST, 2020.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

MRS. PEOPLES-STOKES. EXCUSE ME.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY ONCE AGAIN TO RISE AND -- AND ENCOURAGE

MY COLLEAGUES, TO REMIND THEM THAT WE HAVE BEEN VOTING FOR THIS

LEGISLATION SINCE 2014 AND WITH ALL DUE RESPECT TO MY COLLEAGUES ON THE

OTHER SIDE OF THE AISLE, WE THINK THAT IT IS IN THE CORRECT CONDITION AND IT

NYS ASSEMBLY JANUARY 14, 2019

DOES NOT NEED AMENDMENTS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. ON THE

AMENDMENT.

ACTING SPEAKER AUBRY: ON THE AMENDMENT,

SIR.

MR. GOODELL: WE MAY HAVE BEEN VOTING ON THIS

FOR MANY YEARS, BUT OUT IN THE REAL WORLD OUTSIDE OF THESE HALLS, PEOPLE

ARE QUESTIONING WHEN DO THEY NEED TO ANNOUNCE TO RUN, WHEN DO THEY

NEED TO PUT TOGETHER THEIR CAMPAIGN. THE POLITICAL COMMITTEES ARE

WORKING ON RECRUITING HIGH-QUALITY CANDIDATES. IF WE DON'T MOVE THIS

BACK ONE YEAR, YOU'RE GOING TO CATCH ALL THOSE POLITICAL PARTIES OFF

GUARD BECAUSE THEY'RE GOING TO HAVE TO HAVE TO ANNOUNCE CANDIDATES IN

ABOUT FIVE WEEKS. FOUR TO FIVE WEEKS. AND IF YOU'RE OUT THERE TRYING

TO RECRUIT LOCAL CANDIDATES AND TRY AND GET THE VERY BEST PEOPLE, WE

SHOULD GIVE THEM SOME ADVANCED NOTICE THAT THEY DON'T HAVE UNTIL JUNE

OF THIS YEAR, BUT THIS WOULD MOVE IT UP UNTIL FEBRUARY. AND SO, ALL THIS

AMENDMENT DOES IS SAYS KICK THIS OFF WITH A NEW, ACCELERATED PRIMARY

PROCESS NEXT YEAR SO THAT ALL OF OUR LOCAL COMMITTEES HAVE ADEQUATE

TIME THIS YEAR TO RECRUIT THE BEST QUALIFIED CANDIDATES.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. SMITH.

MR. SMITH: THANK YOU, MR. SPEAKER. ON THE

AMENDMENT. I THINK THAT IT'S AN IMPORTANT AMENDMENT TO MOVE BACK

THE CONSOLIDATION OF THE PRIMARY TO NEXT YEAR, BECAUSE NEXT YEAR WE

NYS ASSEMBLY JANUARY 14, 2019

ACTUALLY WILL HAVE A CONGRESSIONAL AND A STATE PRIMARY, SO THAT WILL THE

TIME WHERE WE WILL BE CONSOLIDATING IT. AS FAR AS ENCOURAGING PEOPLE

TO PARTICIPATE IN THE ELECTORAL PROCESS, BY MOVING THE PRIMARY FROM

WHAT WOULD BE SEPTEMBER NOW TO JUNE AND SETTING THE PETITION

PROCESS, IT'S VERY PRO-INCUMBENT AND NOT VERY ENTICING FOR A CHALLENGER

WHO MIGHT BE, AS MR. GOODELL AND MY COLLEAGUES MENTIONED,

CONTEMPLATING WHETHER OR NOT THEY SHOULD RUN FOR OFFICE, AND I BELIEVE,

AS MANY OF THE SENTIMENTS HERE TODAY, WE'RE TO ENCOURAGE PEOPLE TO

PARTICIPATE IN OUR DEMOCRACY. AND FOR THAT REASON, I THINK WE SHOULD

SUPPORT THIS AMENDMENT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE AMENDMENT FAILED.

THERE IS AN AMENDMENT AT THE DESK. MR. NORRIS TO

BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT.

MR. NORRIS: I FEEL LIKE IT'S AN 0-2 COUNT, MR.

SPEAKER. LET'S -- LET'S GIVE IT A TRY.

ACTING SPEAKER AUBRY: I'M A METS FAN, I'M

USED TO LOSING.

MR. NORRIS: OH, OKAY --

(APPLAUSE/LAUGHTER)

I'D LIKE TO OFFER -- OFFER THE FOLLOWING AMENDMENT AND

NYS ASSEMBLY JANUARY 14, 2019

EXPLAIN IT. THAT ANY COSTS THAT ARE ASSOCIATED WITH MOVING THE PRIMARY

TO JUNE IS FUNDED BY THE STATE OF NEW YORK SOLELY.

ACTING SPEAKER AUBRY: THE CHAIR HAS

EXAMINED YOUR AMENDMENT AND FOUND IT NOT GERMANE TO THE BILL BEFORE

THE HOUSE.

MR. NORRIS: MR. SPEAKER.

ACTING SPEAKER AUBRY: YES, MR. NORRIS.

MR. NORRIS: WITH ALL DUE RESPECT, I WOULD LIKE TO

APPEAL THE RULING OF THE CHAIR AND JUST OFFER THE -- THE EXPLANATION AS

FOLLOWS: THERE MAY BE UNINTENDED COSTS BY THE BOARD OF ELECTIONS BY

MOVING UP THE PRIMARY DATE THIS YEAR, AND PETITIONS, PARTICULARLY WITH

EMPLOYEES AND MAYBE POTENTIAL OVERTIME COSTS FOR EVERYTHING BEING

SPED UP. AND I DO BELIEVE THAT IF THIS BODY TAKES ACTION TO MOVE THE

PRIMARY UP AND THERE ARE UNINTENDED COSTS BORNE BY THE LOCAL COUNTIES

AND MUNICIPALITIES, THEN THIS -- THE STATE OF NEW YORK SHOULD ENSURE

THAT THOSE COSTS ARE PAID FOR OUT OF THE STATE BUDGET AND NOT THE LOCAL

BUDGETS.

ACTING SPEAKER AUBRY: MR. NORRIS APPEALS

(PAUSE) --

MR. NORRIS APPEALS THE DECISION OF THE CHAIR. THE

QUESTION BEFORE THE HOUSE IS, SHALL THE DECISION OF THE CHAIR STAND AS

THE JUDGMENT OF THE HOUSE. THOSE VOTING YES VOTE TO SUSTAIN THE RULING

OF THE CHAIR. THOSE VOTING NO VOTE TO OVERRIDE THE DECISION OF THE

CHAIR.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY JANUARY 14, 2019

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I URGE MY COLLEAGUES TO VOTE YES AND SUSTAIN THE RULING OF THE

CHAIR. THE MEMBERS ARE TO -- SHOULD BE REMINDED THAT THIS IS A

QUESTION THAT IS PROCEDURAL AND THAT VOTING TO SUSTAIN THE CHAIR IS THE

DIRECTION UPON WHICH WE SHOULD TAKE. WE SHOULD BE VOTING IN THE

AFFIRMATIVE, MR. CHAIR, AND THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RULING OF THE CHAIR IS SUSTAINED.

ON THE BILL.

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER, AND I

APPRECIATE THE COURTESIES OF YOU AND THE HOUSE ON THOSE LAST THREE

AMENDMENTS FOR CONSIDERATION.

ACTING SPEAKER AUBRY: YOU'RE QUITE

WELCOME.

MR. NORRIS: I WOULD KINDLY ASK FOR AN EXPLANATION

OF THIS BILL.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED.

MR. LAVINE: CERTAINLY. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY JANUARY 14, 2019

THANK YOU, MR. NORRIS. THIS BILL'S PURPOSE IS TO MOVE STATE AND LOCAL

PRIMARIES FROM SEPTEMBER TO JUNE TO ENSURE THAT OUR STATE IS

COMPLIANT WITH THE FEDERAL MILITARY AND OVERSEAS VOTER

EMPOWERMENT, MOVE ACT. MUCH OF OUR STATE ELECTION LAW IS BASED

ON OUR PRIMARIES BEING HELD IN SEPTEMBER, AND GETTING ABSENTEE BALLOTS

OUT 32 DAYS, 32 DAYS, BEFORE AN LEGISLATION. THIS IS A STRUCTURE THAT

DOESN'T ALLOW GETTING ABSENTEE BALLOTS TO SERVICEMEMBERS IN

COMPLIANCE WITH FEDERAL STANDARDS. OUR WOMEN AND OUR MEN WHO ARE

OVERSEAS FIGHTING FOR US DESERVE A WHOLE LOT, INCLUDING THE CAPACITY

AND THE FULL-BLOWN ABILITY TO PARTICIPATE IN OUR ELECTIONS.

THE MOVE ACT REQUIRES BALLOTS HAVE TO BE

TRANSMITTED NO LATER THAN 45 DAYS BEFORE AN ELECTION. SO, EVERY TIME

NEW YORK STATE HOLDS A PRIMARY ELECTION ON A DIFFERENT DAY FROM THE

FEDERAL PRIMARY, IT COSTS OUR TAXPAYERS A MINIMUM OF $25 MILLION. SO

HERE, BY CONSOLIDATING THESE PRIMARY ELECTION DAYS, WE SAVE THE

TAXPAYERS OF THE STATE OF NEW YORK $25 MILLION, AT LEAST. WE DO

EVERYTHING WE CAN, WHICH IS OUR OBLIGATION, TO PROTECT THE RIGHTS OF OUR

SERVICEMEMBERS WHO RUN THE RISK OF SACRIFICING FOR US ON A DAILY BASIS.

WE ALSO ENSURE THAT THE MANY AMERICANS AND MANY NEW YORKERS WHO

ARE -- WORK OVERSEAS ARE ABLE TO PARTICIPATE IN OUR ELECTION PROCESS.

AND WE ALSO HAVE TO BE MINDFUL OF THE FACT THAT

UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF NEW YORK,

GARY SHARPE, ENTERTAINED A CASE ADDRESSING THE MOVE ACT

COMPLIANCE, AND IT WAS JUDGE SHARPE HIMSELF WHO SET THE FOURTH

TUESDAY IN JUNE AS THE OPERATIVE DATE FOR OUR PRIMARIES, THE REASONING

NYS ASSEMBLY JANUARY 14, 2019

BEING THAT THAT WOULD ALLOW ENOUGH TIME, EVEN A LITTLE MORE THAN THE

45 DAYS REQUIRED BY THE MOVE ACT, TO BE ABLE TO COMPLY AND MAKE

SURE THAT OUR SERVICEMEMBERS RECEIVE THE BEST PROTECTION WE CAN GIVE

THEM.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: WILL THE SPONSOR YIELD FOR A FEW

QUESTIONS?

MR. LAVINE: OF COURSE, MICHAEL.

MR. NORRIS: THANK YOU. CHUCK, WOULD AN AUGUST

PRIMARY BE MOVE COMPLIANT?

MR. LAVINE: JUDGE SHARPE REASONED VERY WELL

WHEN HE SAID THE FOURTH TUESDAY IN JUNE, BECAUSE WE NEED A LITTLE

EXTRA TIME. AND WHY GO ANYWHERE NEAR A -- A DATE WHICH MAY PROVE TO

BE FATAL FOR MOVE PURPOSES, AND WHY HAVE, THEN, A PRIMARY IN JUNE TO

BE FOLLOWED BY ANOTHER PRIMARY ANOTHER FIVE OR SIX WEEKS LATER. AND

ASIDE -- ASIDE FROM THAT, MANY PEOPLE ARE AWAY IN THE MONTH OF -- OF

AUGUST, AND I THINK THAT'S PRETTY MUCH TRUE THROUGHOUT THE -- THE STATE

OF NEW YORK.

MR. NORRIS: I -- I UNDERSTAND. BUT, I BELIEVE

JUDGE SHARPE ALSO SAID IT WOULD BE LEFT TO THE STATE LEGISLATURE IF THEY

COULD COME UP WITH A COMBINED DATE WHICH WOULD BE MOVE

COMPLIANT. SO, AUGUST WOULD STILL BE MOVE COMPLIANT, ACCORDING TO

MY UNDERSTANDING.

MR. LAVINE: I THINK JUDGE SHARPE BELIEVED THE

MORE TIME THE BETTER, AND THAT'S WHY HE DETERMINED THE -- THE DATE OF

NYS ASSEMBLY JANUARY 14, 2019

THE FOURTH TUESDAY IN JUNE WOULD BE -- WOULD BE THE -- THE SAFEST DATE.

AND I THINK -- ONE OF THE THINGS I LEARNED FROM WORKING FOR MANY YEARS

IN THE UNITED STATES DISTRICT COURTS AND THE UNITED STATES COURTS OF

APPEAL IS TO PRETTY MUCH DO WHAT FEDERAL JUDGES SUGGEST.

MR. NORRIS: THANK YOU, MR. LAVINE --

(LAUGHTER)

-- I HAVE JUST A FEW MORE QUESTIONS. THIS YEAR, THOUGH

WE DON'T KNOW IF THERE WILL BE ANY VACANCIES AT THE FEDERAL LEVEL,

CURRENTLY THERE ARE NOT, TO MY UNDERSTANDING, FOR CONGRESS. SO, WHAT

IS THE RUSH THIS YEAR? WHY CAN'T WE WAIT TO NEXT YEAR TO DO THIS?

MR. LAVINE: THIS GIVES US AN OPPORTUNITY TO

EMPLOY THE SYSTEM A YEAR BEFORE A PRESIDENTIAL ELECTION, OR A

PRESIDENTIAL PRIMARY. IT GIVES US A CHANCE TO WORK WITH THE STATE AND

LOCAL BOARDS OF ELECTION TO FIGURE OUT BEST MODALITIES AND BEST WAYS TO

IMPLEMENT THE SYSTEM. AND THAT'S -- THAT'S THE IDEA. IT GIVES US A

CHANCE TO, IN EFFECT, IRON-OUT COME -- WHATEVER PROBLEMS WE MAY

ENCOUNTER.

MR. NORRIS: OKAY. NOW, DURING THE LEGISLATIVE

SESSION, I THINK WE ALL, IN THIS BODY, UNDERSTAND THAT THE BUSIEST TWO

WEEKS ARE PROBABLY THE LAST TWO WEEKS OF SESSION IN JUNE, OTHER THAN

THE MARCH BUDGET PERIOD OF TIME. AND WE'VE HAD A HISTORY OF

INDIVIDUALS IN THE PAST IN THIS BODY WHO HAVE DECIDED TO RUN FOR OTHER

OFFICE, OR COULD BE IN A COMPETITIVE PRIMARY IN THE MIDDLE OF JUNE,

WHERE THEY NEED TO DECIDE BETWEEN DO THEY WANT TO BE IN THEIR DISTRICTS

AS AN ACTIVE CANDIDATE, OR HERE DOING THE PEOPLE'S BUSINESS? WOULDN'T

NYS ASSEMBLY JANUARY 14, 2019

AUGUST STILL BE A BETTER DATE TO ALLEVIATE ANY CONCERNS WITH THAT -- WITH

THAT ISSUE?

MR. LAVINE: I THINK ONE OF THE IMPORTANT FACTORS

WE SHOULD BEAR IN MIND AS WE CONSIDER THIS IS THAT OUR LEGISLATIVE

CALENDAR IS NOT SET BY STATUTE OR CON -- OR THE CONSTITUTION, AND IT'S UP

TO THE SENATE AND THE ASSEMBLY TO DETERMINE THE BEST DAYS ON WHICH

WE SHOULD MEET HERE IN ALBANY. AND I WOULD SUSPECT THAT THIS IS A

CONCERN THAT WILL GET A LOT OF CONSIDERATION. AND WE MAY END UP

SPENDING A COUPLE OF MORE DAYS EARLIER IN THE SESSION, OR A COUPLE --

FEW MORE DAYS LATER IN THE -- IN THE YEAR TERM. I THINK THERE'S A

MEASURE OF FLEXIBILITY THERE.

MR. NORRIS: WHAT WOULD BE THE FIRST DAY TO

CIRCULATE DESIGNATING PETITIONS THIS YEAR?

MR. LAVINE: WE -- I'M PRETTY SURE IT'S FEBRUARY THE

26TH.

MR. NORRIS: OKAY. AND I JUST -- AND YOU MAY NOT

KNOW, BUT YOU -- I -- I COME FROM LOCKPORT, NEW YORK, RIGHT OUTSIDE

OF BUFFALO AND NIAGARA FALLS. DO YOU HAPPEN TO KNOW WHAT THE

AVERAGE TEMPERATURE IS IN LOCKPORT, NEW YORK ON FEBRUARY 26TH?

MR. LAVINE: MICHAEL, YOU MAY NOT REMEMBER THIS,

BUT I GREW UP IN THE UPPER PENINSULA OF MICHIGAN. TO ME, THE

TEMPERATURE IN LOCKPORT IN FEBRUARY IS TROPICAL.

(LAUGHTER)

MR. NORRIS: AND I'M SURE IT IS. WELL, IF I COULD

JUST ADD, IT IS 32 DEGREES ON FEBRUARY 26TH --

NYS ASSEMBLY JANUARY 14, 2019

MR. LAVINE: THAT'S SWIMMING WEATHER FOR US --

(LAUGHTER)

-- "YOOPERS", PEOPLE FROM THE UPPER PENINSULA.

MR. NORRIS: AND DO YOU HAPPEN TO KNOW WHAT

TIME THE SUN SETS IN LOCKPORT, NEW YORK ON THAT DAY? ABOUT.

MR. LAVINE: I WOULD GUESS THE SUN SETS

SOMEWHERE AROUND 4:15 IN THE AFTERNOON.

MR. NORRIS: YOU KNOW WHAT, I GIVE YOU A LITTLE BIT

ON THAT. IT'S AROUND 6:00 O'CLOCK ON FEBRUARY 26TH ON THAT DAY. THE

REASON WHY I RAISE THOSE TWO POINTS IS BECAUSE OF THE CONDITIONS,

UPSTATE PARTICULARLY, OF THE WEATHER AND THE DIFFICULTY FOR CANDIDATES TO

ACTUALLY GO OUT AND OBTAIN SIGNATURES. I THINK ONE OF THE MOST

IMPORTANT PARTS OF THIS LEGISLATIVE BODY IS TO ENCOURAGE CANDIDATE

PARTICIPATION. AND THAT WOULD BE -- I THINK IT'S INHIBITIVE WITH THE

WEATHER BEING SO FRIGID, SO COLD, FOR OUR CANDIDATES TO GET OUT AND TO

GATHER THOSE SIGNATURES. SO, THAT'S THE ONLY REASON WHY I POINT THAT OUT

ON THE RECORD.

MR. LAVINE: MICHAEL, MAY I JUST SUGGEST -- AND

PLEASE, I DIDN'T MEAN TO INTERRUPT YOU --

MR. NORRIS: SURE.

MR. LAVINE: -- IF YOU WERE CONTINUING, LET ME

KNOW. THIS IS THE WAY IT WAS FOR MANY YEARS WITH JUNE PRIMARIES IN

NEW YORK STATE GOING UP, I THINK, FROM THE '50S TO THE '70S. IN

ADDITION TO THAT, CANDIDATES FOR FEDERAL OFFICE HAVE TO GO OUT AND GET

PETITIONS SIGNED AND DO THAT -- THAT LEGWORK AND THAT ROADWORK. AND I

NYS ASSEMBLY JANUARY 14, 2019

WOLD SUGGEST THAT IF THE COMPARISON HERE IS, IS THIS SOMEWHAT

UNCOMFORTABLE FOR US WHO ARE IN ELECTED OFFICE, AS OPPOSED TO DOING

EVERYTHING HUMANLY POSSIBLE TO PROTECT THE RIGHTS OF OUR SERVICEPEOPLE

OVERSEAS IN HARM'S WAY, I'M GOING TO RESOLVE THIS IN FAVOR OF DOING

EVERYTHING POSSIBLE TO PROTECT THE INTERESTS AND THE RIGHTS OF THOSE

SERVICEMEMBERS, AND I THINK YOU AGREE WITH ME.

MR. NORRIS: AND WHEN I GET ON THE BILL I'M GOING

TO MENTION THAT AND HOW IMPORTANT THAT IS THAT WE DO ENSURE THAT OUR

MILITARY AND OVERSEAS VOTERS RECEIVE THEIR BALLOTS IN A PROPER AND

TIMELY MANNER. AND I CERTAINLY AGREE WITH YOU 100 PERCENT ON THAT

PARTICULAR TOPIC.

I JUST HAVE TWO TECHNICAL ISSUES I JUST WANT TO POINT

OUT IN -- IN THE LANGUAGE OF THE BILL. AND THAT IS -- CAN BE FOUND

STARTING ON PAGE 2, STARTING AT LINE 6. AND WHAT THAT TALKS ABOUT ARE THE

ACTUAL FILING OF THE DOCUMENTS, THE PETITIONS AND THE CERTIFICATES. AND

THERE'S SOME LANGUAGE THAT HAS BEEN INSERTED IN THAT SECTION WHICH

WOULD REQUIRE THAT IF THE PETITION IS POSTMARKED, IT ALSO MUST BE

RECEIVED WITHIN TWO BUSINESS DAYS AT THE BOARD OF ELECTION, OTHERWISE

IT IS A FATAL DEFECT. WHICH MEANS IF IT ARRIVES ON A TUESDAY, AND THE

LAST DAY WAS ON A -- ON A THURSDAY, THAT PETITION WOULD BE FATALLY OUT.

SO, COMING FROM, AGAIN, WESTERN NEW YORK, REALIZING THE MAIL CAN BE

AWFULLY SLOW, I POINT THAT OUT, AND I JUST ENCOURAGE YOU TO THINK ABOUT

A POTENTIAL AMENDMENT DOWN THE ROAD. I OFFERED SEVERAL AMENDMENTS

EARLIER, I DIDN'T WANT TO CONTINUE WITH MORE AMENDMENTS, BUT THAT'S

SOMETHING THAT MAYBE WE CAN WORK ON GOING FORWARD -- OR WHAT IS THE

100

NYS ASSEMBLY JANUARY 14, 2019

RATIONALE, CHUCK, OF THAT LANGUAGE THAT'S IN THE BILL?

MR. LAVINE: WELL, A COUPLE OF FACTORS, AND THIS

WAS LANGUAGE THAT WAS DRAFTED AFTER A LOT OF CONSIDERATION AND

DISCUSSION WITH THE BOARD OF ELECTIONS. FIRST OF ALL, THERE'S GOT TO BE

SOME DATE. THERE'S GOT TO BE SOME DATE. BUT SECONDLY, THE CURRENT

STATE OF THE LAW ISN'T TWO DAYS, IT'S ONE DAY. SO, I SUPPOSE THE IDEA HERE

IS THAT IT'S SOMEWHAT MORE EXPANSIVE AND, YET, MICHAEL, I THINK YOUR

SUGGESTION ABOUT US CONTINUING TO DISCUSS THIS IS A VERY GOOD

SUGGESTION.

MR. NORRIS: VERY GOOD. AND THERE'S JUST ONE

MORE POINT I WANT TO PUT ON THE RECORD SO WHEN THE COUNSEL AND THE

GOVERNOR'S OFFICE REVIEWS THIS LEGISLATION WITHIN THE BILL JACKET, IS THE

-- THE TIME FOR THE JUDICIAL -- STATE JUDICIAL CONVENTIONS FOR STATE

SUPREME COURT, AND HOW THE LANGUAGE IS RIGHT NOW IS IF THERE -- IF

THERE -- IT WOULD BE ON THE FIRST MONDAY -- THE FIRST THURSDAY FOLLOWING

THE FIRST MONDAY. THE ISSUE BEING, UNDER THE STATE CONSTITUTION,

THERE'S A 90-DAY PROVISION IF THERE IS A VACANCY FOR THE STATE SUPREME

COURT JUSTICE. SO, IN THE RARE OCCURRENCE, IF ELECTION DAY HAPPENED TO

FALL ON THE 8TH OF NOVEMBER, THE 1ST OF AUGUST IS ACTUALLY A MONDAY,

WHICH WOULD BEGIN THE PROCESS ON THE 4TH, WHICH WOULD STILL NOT ALLOW

FOR A POTENTIAL VACANCY, EITHER BY, UNFORTUNATELY, A DEATH OR RESIGNATION

OR SOMETHING LIKE THAT. SO, AGAIN, I WANT TO JUST POINT THAT OUT ONTO THE

RECORD. MAYBE ASK -- I'LL ASK YOU IF THERE IS SOME RATIONALE FOR THAT

DATE, BUT ALSO, HAVE YOU POTENTIALLY CONSIDER IN WORKING WITH THE

NEGOTIATIONS THAT THAT MIGHT BE AMENDED TO THE SECOND MONDAY OF THE

101

NYS ASSEMBLY JANUARY 14, 2019

-- OF AUGUST.

MR. LAVINE: WE WILL CERTAINLY CONTINUE TO DISCUSS

-- TO DISCUSS THAT. AFTER ALL, DEBATE, DEBATE IS NOT HERESY. LET'S

CONTINUE TO TALK ABOUT THAT. BUT WE DID DISCUSS THIS WITH THE BOARD OF

ELECTIONS AND THEY HAD SOME VERY REAL CONCERNS ABOUT THE SCHEDULE

THAT YOU'RE -- YOU'RE SUGGESTING.

MR. NORRIS: THANK YOU, CHUCK, FOR ANSWERING ALL

MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

MR. LAVINE: THANK YOU, MICHAEL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. NORRIS: YOU KNOW, IN A -- IN A PERFECT WORLD,

IT WOULD BE CLOSER TO THE AUGUST TIMEFRAME, PARTICULARLY CONCERNING

THE WEATHER CONDITIONS THAT WE HAVE IN UPSTATE YORK WHICH MAKES IT

VERY DIFFICULT FOR OUR CANDIDATES, WHETHER THEY BE INCUMBENTS OR IN

CHALLENGERS, TO GO OUT AND TO PROPERLY SEEK THOSE SIGNATURES DURING

FEBRUARY, LATE FEBRUARY AND EARLY MARCH. BUT WHEN YOU BALANCE THIS

AGAINST THE COST THAT IT WILL HAVE IF WE CONTINUE TO HAVE TWO PRIMARIES

TO THE TUNE OF $25 MILLION, AND ALSO THE -- THEIR NEED TO ENSURE THAT OUR

MILITARY AND OUR OVERSEA VOTERS RECEIVE A TIMELY BALLOT, WEIGHING THAT,

I CERTAINLY WILL BE SUPPORTIVE OF THIS BILL, BECAUSE IT IS CRITICALLY

IMPORTANT THAT WE DO THE BEST JOB THAT WE CAN TO SAVE MUNICIPALITIES,

TAXPAYERS' DOLLARS, AND ALSO TO ENSURE THAT OUR MILITARY VOTERS RECEIVE

THEIR BALLOT ON TIME.

UNFORTUNATELY, THERE IS NO PERFECT SOLUTION, NO PERFECT

102

NYS ASSEMBLY JANUARY 14, 2019

TIME, BUT AT LEAST THIS WILL BE A STEP FORWARD AND -- AND PROMOTING COST

EFFICIENCY, AS WELL AS PROTECTING OUR MILITARY VOTERS. AND SO, MR.

SPEAKER, I'LL BE VOTING IN THE AFFIRMATIVE ON THIS BILL. THANK YOU VERY

MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MR.

NORRIS.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

LAVINE?

MR. LAVINE: OF COURSE. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE YIELDS.

MR. RA: THANK YOU VERY MUCH. I -- I JUST WANTED TO

BRING UP ONE OTHER CONCERN THAT HAS BEEN RAISED WITH REGARD TO THIS. AS

I'M SURE YOU'RE AWARE, AND I KNOW MANY OF OUR COLLEAGUES ARE AWARE,

THERE HAS BEEN AN INCREASING CONCERN REGARDING THE USE OF SCHOOLS AS

POLLING PLACES. AND I KNOW THIS IS PROBABLY THIS DATE, OBVIOUSLY, IT'S --

IT'S NOT A SET DATE, IT'S A FOURTH TUESDAY, AS WE DO WITH -- WITH ELECTIONS,

THAT PERHAPS MIGHT BE A CONFLICT WITH -- WITH THE SCHOOL YEAR, AND

PERHAPS MIGHT NOT BE. AND I -- I DON'T KNOW IF YOU'RE AWARE OF THIS,

BUT IT -- THIS DATE THIS YEAR, WHICH IS TUESDAY, JUNE 25TH, APPARENTLY IS

A REGENTS TESTING DAY. SO I -- I WANTED TO KNOW, A, IF YOU'RE AWARE OF

THAT AND IF -- IF THERE'S BEEN ANY CONVERSATIONS WITH, YOU KNOW, SAY,

SCHOOL BOARD ASSOCIATION OR ANY OF THOSE TYPES OF ENTITIES TO TRY TO SEE

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NYS ASSEMBLY JANUARY 14, 2019

HOW WE MIGHT BE ABLE TO ADDRESS THOSE SECURITY CONCERNS THAT THEY

HAVE RAISED.

MR. LAVINE: AS ALWAYS, THE SITING OF POLLING

PLACES IS THE FUNCTION OF THE COUNTY BOARDS OF ELECTION AND I THINK WE

LEAVE IT TO THEM TO DETERMINE THE BEST LOCATIONS FOR -- FOR ELECTION

EVENTS.

MR. RA: OKAY.

MR. LAVINE: THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

ON THE BILL, MR. BARRON?

MR. BARRON: YES, I WANTED TO SPEAK ON THE BILL,

BECAUSE I HAVE CONCERNS ABOUT THIS ONE. I UNDERSTAND SET 32 DAYS

VERSUS 45 DAYS, IN TERMS OF MILITARY VOTERS, WHICH MEANS YOU'RE TALKING

ABOUT A 13-DAY DIFFERENCE. THIS IS A BIG SHIFT TO TRY TO MAKE UP 13

DAYS. SO, I EVEN ASK, BECAUSE I DON'T KNOW ANYTHING ABOUT ELECTION

LAW, COULD WE MOVE THE NOVEMBER GENERAL BACK SO WE MEET THE

13-DAY. THEY SAID, NO, THAT'S A FEDERAL REQUIREMENT, SO WE WOULD BE

PUTTING THE PROBLEM ON THE BACKSIDE, WHERE YOU WOULD HAVE A STATE

GENERAL ELECTION MOVE BACK AND A -- AND A FEDERAL ELECTION, SO YOU

STILL HAVE TWO.

BUT I THINK IT IS A PROBLEM, NOT ONLY FOR INCUMBENTS,

BUT ALSO FOR THOSE WHO ARE CHALLENGING US, BECAUSE I THINK IT SHOULD BE

MORE OPEN. WE'RE GOING TO BE UP HERE IN FEBRUARY DEALING WITH BILLS,

WE'RE GOING TO BE DEALING WITH THE BUDGET, YOU'RE GOING TO BE DEALING

WITH RAISING MONEY FOR YOUR CAMPAIGNS, YOU'RE GOING TO BE DEALING

104

NYS ASSEMBLY JANUARY 14, 2019

WITH TRYING TO GET PEOPLE TOGETHER TO DO THE PETITIONING IN THE COLD

MONTHS. YOU ALSO HAVE COLLEGE STUDENTS THAT YOU MIGHT HAVE BEEN

USING IN THE SUMMERTIME THAT YOU WON'T BE ABLE TO USE NOW BECAUSE

THEY'LL BE IN SCHOOL. I JUST THINK THIS NEEDS MORE THOUGHT. I THINK IT

NEEDS MUCH MORE THOUGHT AND WEIGH ALL POSSIBILITIES, EVEN THOSE

THINGS THAT SEEM IMPOSSIBLE.

WE NEED TO REALLY LOOK AT THIS BEFORE WE DIVE INTO IT

AND SAY LET'S HURRY UP AND DO A -- A RUSH JOB SO THAT WE CAN BE READY FOR

NEXT TIME, AND WE DID IT IN THE PAST, SO WE CAN DO IT AGAIN. THINGS

HAVE CHANGED. AND I DON'T LIKE IT. AND -- AND I'LL BE ALL RIGHT.

PERSONALLY, I WILL BE FINE. YOU KNOW, I CAN GET A CREW OUT THERE,

VOLUNTEER. I DON'T HAVE TO GET PETITIONS FOR CONGRESSPEOPLE OR ANYBODY

ELSE, SO I DON'T HAVE THAT KIND OF PROBLEM, SO I WILL BE FINE, I WILL BE

ABLE TO GET PEOPLE TO COME ON OUT THERE IN THE COLD AND I'LL GET ON THE

BALLOT AND WE STILL HAVE A GOOD CHANCE OF WINNING. BUT JUST THIS AS A

PROCESS, I DON'T THINK BENEFITS INCUMBENTS OR THOSE WHO ARE

CHALLENGING US. THOSE SUMMER MONTHS WERE OUR CHALLENGES, AND WE

WILL BE THERE TO CAMPAIGN. ALL THE BLOCK PARTIES, YOU PROBABLY WON'T

GO TO THE BLOCK PARTIES NOW THAT YOU DON'T HAVE TO. I THINK THAT THESE

THINGS TAKE AWAY FROM SOME INTERACTION WITH THE PEOPLE I LIKE, GOING

TO THE BLOCK PARTIES, I LIKE MIXING IT UP, I'LL STILL GO EVEN IF IT IS IN JUNE.

BUT I THINK IT FORCES US TO INTERACT MORE WITH OUR PEOPLE WHEN YOU

HAVE THE SUMMER TO DO THAT.

SO I'M VOTING AGAINST THIS SO THAT WE CAN GIVE IT MORE

THOUGHT, PULL IT AND GIVE IT MORE THOUGHT AND LOOK AT OTHER POSSIBILITIES

105

NYS ASSEMBLY JANUARY 14, 2019

SO THAT WE MAKE UP THAT 13-DAY DIFFERENCE WITHOUT SHIFTING THE WHOLE

THING AS MUCH AS IT'S GOING TO BE SHIFTED NOW. IT'S A 13-DAY DIFFERENCE

AND WE NEED TO REALLY LOOK AT HOW WE COULD MAKE THAT UP BY HAVING

BOTH ELECTIONS, THE CONGRESSIONAL ELECTIONS AND OUR ELECTIONS AT THE

SAME TIME, BUT MAKE UP THAT 13-DAY DIFFERENCE. I DON'T THINK THIS IS

GOOD, SO I'LL BE VOTING AGAINST IT. AND I WANT TO LET YOU KNOW THIS IS NO

REFLECTION WHATSOEVER OF MY LIKING OF THESE GUYS OVER HERE AT ALL

(INDICATING).

(LAUGHTER)

EVEN WHEN THEY MAKE SENSE, I DON'T LIKE THEM, BUT...

(LAUGHTER)

SO...

(LAUGHTER)

POLITICALLY --

(LAUGHTER)

-- NOT PERSONALLY.

BUT I THINK IT'S SOMETHING THAT WE REALLY NEED TO

RETHINK. AND SO, I'LL BE VOTING NO.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. YOU

KNOW, TODAY IS SUCH AN INCREDIBLY HISTORIC DAY, I WANTED TO TAKE JUST A

SECOND TO ACKNOWLEDGE WE HAVE A NEW MAJORITY LEADER, MRS.

PEOPLES-STOKES, WHO'S DOING A GREAT JOB.

(APPLAUSE)

AND ON A DIFFERENT LEVEL, IT'S ALSO HISTORIC BECAUSE I

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AGREE WITH MR. BARRON.

(LAUGHTER)

YOU KNOW, WE ALWAYS -- WE HEAR THAT PHRASE

SOMETIMES, BE CAREFUL WHAT YOU WISH FOR. AND UNDER THIS BILL, THE

PETITIONS WOULD BE DUE APRIL 1ST, RIGHT AFTER THE MOST INTENSIVE BUDGET

PROCESS THAT ALL OF US GO THROUGH, OFTEN WORKING LATE, LATE HOURS, VERY

INTENSIVE. AND THAT'S WHEN ALL YOUR PETITIONS ARE DUE. SO, IF YOU'VE GOT

A PROBLEM IN YOUR DISTRICT WITH COLLECTING THOSE PETITIONS, YOU SHOULD

BE HERE. IF YOU'RE NOT HERE, YOU'RE NOT MEETING THE RESPONSIBILITY OF THE

VERY PEOPLE THAT VOTED TO SEND YOU HERE. AND IF YOU'RE NOT BACK HOME

STRAIGHTENING OUT THE PROBLEM WITH THE -- WITH THE PETITIONS, YOU MIGHT

NOT BE HERE NEXT YEAR. WHY WOULD WE WANT TO PUT OURSELVES IN THAT

POSITION?

BUT THEN THIS BILL GOES ONE STEP FURTHER AND IT SAYS THE

ACTUAL PRIMARY DAY IS THE FOURTH TUESDAY IN JUNE. WELL, ALL OF US

KNOW THAT IN THOSE FIRST THREE OR FOUR WEEKS OF JUNE, WE'LL VOTE ON

ABOUT HALF OF THE BILLS, UNLESS OUR NEW MAJORITY LEADER KEEPS US ON THE

CURRENT SCHEDULE, IN WHICH CASE WE'LL ALL BE DEAD BY JUNE.

(LAUGHTER)

BUT ASSUMING THAT WE FALL BACK INTO OUR HISTORIC

PRACTICE OF CRAMMING ALL THE VOTES, WHAT ARE YOU GOING TO DO IF YOU'VE

GOT A TOUGH PRIMARY? ARE YOU GOING TO BE IN YOUR DISTRICT

CAMPAIGNING? BECAUSE EVERY DAY YOU'RE IN YOUR DISTRICT CAMPAIGNING,

YOU'RE NOT UP HERE VOTING ON ALL THOSE IMPORTANT BILLS. AND WE'LL GO

THROUGH OVER 100 BILLS A DAY, 100 BILLS A DAY THAT YOUR CONSTITUENTS

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ASKED YOU TO BE HERE TO REPRESENT THEM. I DON'T UNDERSTAND WHY

ANYONE IN THIS ROOM WANTS TO HAVE THE PETITIONS DUE IN THE BUSIEST TIME

OF THE YEAR ON BUDGET AND WANT TO HAVE A PRIMARY THAT INVOLVES YOUR

FUTURE IN THE BUSIEST WEEKS OF OUR LEGISLATIVE SESSION.

SO, I'LL BE VOTING NO. I DON'T THINK I HAVE A PRIMARY

RACE, BUT IT WOULD CERTAINLY BE AN INTERESTING CHALLENGE TO RUN A

CAMPAIGN FROM THE FLOOR OF THIS LEGISLATURE WITHOUT USING ANY, BY THE

WAY -- MAKE SURE YOU DON'T USE YOUR OFFICE, BECAUSE THAT WOULD BE

IMPROPER, RIGHT? SO DON'T RETURN ANY CAMPAIGN CALLS WHILE YOU'RE UP

HERE. MAKE SURE YOU DON'T USE YOUR OFFICE OR THE HALLWAYS OR ANYTHING

ELSE UP HERE AND HOPE THAT YOUR CAMPAIGN STAFF CAN RUN YOUR CAMPAIGN

AND WIN THE ELECTION IN YOUR ABSENCE. BECAUSE IF YOU'RE THERE, YOU'RE

NOT REPRESENTING YOUR CONSTITUENTS. AND IF YOU'RE HERE, YOU ARE NOT

CAMPAIGNING.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I, ONCE

AGAIN, COMMEND MY COLLEAGUES FOR BRINGING FORWARD THIS RATHER

COMPLEX PIECE OF LEGISLATION. CHANGING THE -- THE DATES SOUNDS LIKE A

SIMPLE THING TO DO, BUT IT REQUIRED A LOT OF WORK BY THE COMMITTEE AND

BY THE STAFF, SO I COMPLIMENT THEM ON THIS.

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I'M RISING TO SPEAK IN FAVOR OF THIS LEGISLATION, BUT

WHAT I HEAR FROM VOTERS IS THERE'S TOO MANY ELECTIONS AT TOO MANY

DIFFERENT TIMES DURING THE YEAR. IT'S TIME FOR US TO BRING THE ELECTIONS

TOGETHER AND SELECT SOME DATES WHERE WE HAVE AS -- AS FEW DATES AS

POSSIBLE AND AS MANY ELECTIONS ON THOSE DATES. AND THAT'S WHAT THIS

BILL DOES.

NOW, WHY DO WE TAKE THE END OF JUNE? BECAUSE A

FEDERAL JUDGE HAS ALREADY SAID THIS IS THE TIME THAT IS BEST TO BE ABLE TO

GET THE BALLOTS TO OUR MILITARY VOTERS. IT'S ALSO A GOOD TIME, MR.

CHAIRMAN -- MR. SPEAKER, FOR THOSE PEOPLE WHO ARE PLANNING TO GO

AWAY FOR THE SUMMER, OR HAVE TO DEAL WITH THEIR KIDS OVER THE SUMMER.

IT JUST WORKS WELL FOR THE VOTERS. AND I HEAR THAT THIS MIGHT

INCONVENIENCE US, BUT THIS IS ABOUT THE VOTERS, THIS IS NOT ABOUT US.

AND I'D LIKE TO REITERATE SOMETHING THAT THE CHAIRMAN

OF THE ELECTION LAW COMMITTEE SAID: THIS WORKED VERY WELL UNTIL

1972. THIS LEGISLATURE HAS LIVED UNDER THIS PROCESS, AND IT CAN BE

MADE TO WORK. AND MAYBE ONE OF THE BENEFITS OF CHANGING THIS TO THE

END OF JUNE IS IT MIGHT ACTUALLY FORCE A CHANGE IN OUR CALENDAR. THERE'S

ALL KINDS OF CRITICISMS ABOUT THE WAY WE WORK, AND MAYBE THIS WILL

GIVE US THE -- THE IMPETUOUS TO CHANGE OUR CALENDAR SO THAT MAYBE WE

CAN TAKE SOME TIME OFF BEFORE THE PRIMARY, IF THAT BECOMES THE -- A

PROBLEM, BUT THAT WE CAN WORK LATER IN THE YEAR. I REMEMBER BACK TO

THE DAYS THE LEGISLATURE USED TO PASS A BUDGET IN APRIL, AND THEN THEY

WOULD PASS A SUPPLEMENTAL BUDGET TOWARDS THE END OF THE YEAR WHEN

THEY HAD BETTER INFORMATION AND TO DECIDE ON THAT, IT GIVES THE

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LEGISLATURE MORE CONTROL OVER THE BUDGET PROCESS, AND LESS FOR THE

GOVERNOR TO BE ABLE TO CONTROL BY HIMSELF.

SO, I THINK THERE'S LOTS OF REASONS WHY WE SHOULD DO

THIS, AND I HAVEN'T HEARD ANY REASONS WHY WE SHOULDN'T DO IT THAT MAKE

ANY SENSE TO ME. SO, THEREFORE, I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ABINANTI IN

AFFIRMATIVE.

MR. EPSTEIN.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. I -- I WANT TO THANK THE MEMBERS OF THE ASSEMBLY

WHO BROUGHT FORWARD THIS AMAZING PACKAGE OF BILLS TODAY. WE STAND

HERE REALLY AT A HISTORIC MOMENT FOR NEW YORK, WITH OUR COLLEAGUES IN

THE SENATE MARCHING ON THE SAME PATH TOGETHER. THIS BILL AROUND

CONSOLIDATED PRIMARIES IS A HUGE BENEFIT FOR PEOPLE IN MY COMMUNITY

AND ACROSS THE STATE. THE IDEA OF VOTING MONTH AFTER MONTH, TIME AFTER

TIME, UNDERSTANDING WHICH PRIMARY IS FOR WHICH RACE, SO COMPLICATED,

SO DIFFICULT. SO, I'M EXCITED ABOUT BEING -- SUPPORTING THIS, AS WELL AS

THESE EARLY VOTING PACKAGES OF BILLS, AND I LOOK FORWARD TO MOVING

FORWARD TOGETHER TO FIGURE OUT HOW WE'RE GOING TO CHANGE OR MODIFY

MAYBE THE LEGISLATIVE SESSION TO RAISE AND DEAL WITH THE CONCERNS

SPOKEN TO BY MY COLLEAGUES TODAY. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MR. JACOBSON.

MR. JACOBSON: I RISE TO EXPLAIN MY VOTE. THERE

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IS NO LOGICAL REASON TO HAVE TWO PRIMARIES, AND TO REMIND MY

COLLEAGUES THE HISTORY OF WHY WE HAVE TWO PRIMARIES. IT WAS CHANGED

IN 1974. GOVERNOR ROCKEFELLER HAD RESIGNED IN DECEMBER OF 1973, THE

DYNAMIC LIEUTENANT GOVERNOR MALCOLM WILSON BECAME GOVERNOR. IT

WAS THE WATERGATE YEAR. SO, OUR FRIENDS ACROSS THE AISLE SAID, LET'S FIND

A WAY THAT THE DEMOCRATS CAN KEEP FIGHTING LONGER, KEEP FIGHTING

AMONG THEMSELVES, SO LET'S PUT THE PRIMARY IN SEPTEMBER. THAT WAS

THE ONLY REASON THAT IT HAPPENED. OF COURSE, IT BACKFIRED, WE WON THE

GOVERNORSHIP AND WE WON THE ASSEMBLY ON REPUBLICAN LINES. BUT

THERE IS NO LOGICAL REASON TO HAVE IT, IT WAS DONE FOR POLITICAL PURPOSES.

THIS IS DONE TO END CONFUSION AND INCREASE TURNOUT. THANK YOU.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MS. FAHY.

MS. FAHY: MR. SPEAKER, I RISE JUST TO BRIEFLY

ADDRESS THIS BILL. I THINK A NUMBER OF EXCELLENT POINTS HAVE BEEN RAISED

THIS EVENING. AND WHILE I PLAN TO SUPPORT THIS LEGISLATION, I DO

RECOGNIZE THAT THE FACT THAT WE ARE IMPLEMENTING IT THIS YEAR, WE HAVE

HEARD BACK FROM A NUMBER OF THOSE THAT MAY BE IMPACTED THIS YEAR,

PARTICULARLY POTENTIAL CANDIDATES, PARTICULARLY JUDICIAL CANDIDATES, SO

THIS IS A HUGE CHANGE. I AGREE IT IS A NECESSARY CHANGE, BUT I WANT TO BE

COGNIZANT AND -- AND MAKE NOTE ON THE RECORD THAT THIS IS A -- GOING TO

BE AN INCONVENIENCE, IF YOU WILL. YES, THERE IS THE COLD WEATHER THIS

TIME OF YEAR, SO THIS CHANGE IS GOING TO TAKE A WHILE. AND I UNDERSTAND

THAT OUR CALENDAR NEXT YEAR, OUR LEGISLATIVE CALENDAR IS GOING TO NEED

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TO PASS -- TO CHANGE IN ORDER TO ACCOMMODATE THIS.

AND SINCE I DON'T WANT TO SPEAK ON EACH ONE OF THE

INITIATIVES, I'M ALSO JUST GOING TO NOTE THAT OVERALL TONIGHT IT REALLY IS A

HISTORIC NIGHT, BECAUSE WHAT WE ARE TRYING TO DO OVERALL IS ENCOURAGE

VOTING WITH THE EARLY VOTING, WITH SAME-DAY REGISTRATION, WITH THE

ALIGNMENT OF THE PRIMARIES AND WITH THE NO-EXCUSES ABSENTEES. BUT I

WOULD BE REMISS IF I ALSO DID NOT NOTE, MY COLLEAGUE, PHIL STECK, IN

MENTIONING SOME OF THE PROBLEMS THAT HAVE OCCURRED WITH ABSENTEE

VOTING, SO I WANT TO CONCUR WITH HIS REMARKS. WHILE I SUPPORTED THE

ABSENTEE -- THE NO-EXCUSES ABSENTEE VOTING, THERE HAS BEEN SOME

SERIOUS GAMING OF THE SYSTEM, IF YOU WILL, HERE WITH SOME PRETTY

EGREGIOUS INCIDENCES OVER THE LAST FEW YEARS. SO, EITHER WAY WE NEED

TO HAVE IN SOLID SAFEGUARDS, AS WELL AS STRONG ENFORCEMENT TO MAKE

SURE THAT THOSE WHO HAVE LIMITED ENGLISH OR DISABLED OR THE ELDERLY ARE

NOT TAKEN ADVANTAGE OF WITH ANY OF THESE REFORMS.

AND WITH THAT, AGAIN, I VOTE IN THE AFFIRMATIVE. AND

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

BUT I WILL REMIND MEMBERS, I KNOW YOU'RE JUST

BEGINNING, THAT WE DO NOT USE OTHER MEMBERS' NAMES IN EXPLAINING OUR

VOTES. THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, I WAS GOING TO REITERATE THAT. IT ACTUALLY HAPPENED A COUPLE OF

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TIMES TODAY ON THE FLOOR. IT IS A PROCEDURE THAT WE DON'T USE OTHER

MEMBERS' NAMES IN -- IN OUR DEBATE OR IN EXPLAINING OUR VOTE.

BUT I DO WANT TO MENTION ON THIS PIECE OF LEGISLATION

RIGHT HERE, MR. SPEAKER, THIS IS A VERY DIFFICULT THING TO DO, BECAUSE IT'S

GOING TO CALL FOR US TO HAVE TO CHANGE. AND CHANGE IS HARD. IT'S --

THERE'S NOTHING SIMPLE ABOUT CHANGE. IT -- IT IS VERY DIFFICULT TO DO. BUT

I THINK IT'S THE RIGHT THING TO DO. IT DOES MAKE SENSE THAT THERE IS ONLY

ONE PRIMARY AND THAT THERE'S ONLY ONE GENERAL; IN FACT, IF I HAD MY

DRUTHERS, BY THE END OF SESSION I WOULD LIKE TO INCLUDE OUR SCHOOL

BOARD ELECTIONS AT THE SAME TIME. BECAUSE WHAT WE TO DO WHEN WE

HAVE THESE MULTIPLE ELECTIONS IS THERE'S A MULTIPLE COST THAT COMES WITH

THAT. NOT JUST TO THE TAXPAYER, BUT ALSO TO THE VOTER WHO HAS TO

CONSISTENTLY GO OUT TO VOTE IN SIMILAR ELECTIONS.

SO, MR. SPEAKER, I THINK THIS IS THE RIGHT THING TO DO.

UNFORTUNATELY, IT WASN'T OUR DECISION. THIS IS SOMETHING THAT HAPPENED

BEFORE US AND IS UPON US AND I THINK WE HAVE TO ACT ACCORDINGLY AND

MAKE THIS HAPPEN FOR THE STATE OF NEW YORK. SO, I AM ENCOURAGING ALL

OF MY COLLEAGUES TO VOTE IN SUPPORT OF THIS, IN SPITE OF THEIR DESIRE NOT

TO SEE THIS CHANGE HAPPEN.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00780, RULES REPORT

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NYS ASSEMBLY JANUARY 14, 2019

NO. 9, LAVINE, HEASTIE, CUSICK, BLAKE, SIMON, PAULIN, DINOWITZ, L.

ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINANTI, ROZIC, GALEF, COOK,

RAMOS, CYMBROWITZ, JAFFEE, CARROLL, TAYLOR, ORTIZ, WALKER,

PEOPLES-STOKES, COLTON, DE LA ROSA, WRIGHT, BARRON, GOTTFRIED, OTIS,

ENGLEBRIGHT, MOSLEY, GLICK, BURKE, CRUZ, EPSTEIN, FALL, FRONTUS,

GRIFFIN, JACOBSON, MCMAHON, RAYNOR, REYES, ROMEO, THIELE,

WEINSTEIN, BRONSON, DENDEKKER, ZEBROWSKI, GANTT. AN ACT TO AMEND

THE ELECTION LAW, IN RELATION TO EARLY VOTING.

ACTING SPEAKER AUBRY: THERE IS AN

AMENDMENT AT THE DESK. MR. NORRIS TO BRIEFLY EXPLAIN THE AMENDMENT

WHILE THE CHAIR EXAMINES IT.

PROCEED, MR. NORRIS.

MR. NORRIS: THANK YOU VERY MUCH. I OFFER THE

FOLLOWING AMENDMENT BY STRIKING THE TEXT OF THIS BILL AND REPLACING IT

WITH LANGUAGE WHICH ALLOWS VOTERS TO VOTE BY ABSENTEE AND NEGATE THAT

VOTE BY VOTING AT THEIR POLLING PLACE ON ELECTION DAY. THE REASON FOR

THIS AMENDMENT IS WITH EVERYTHING OCCURRING VERY QUICKLY NOW WITH

SOCIAL MEDIA AND CURRENT EVENTS, THIS WOULD ALLOW AN INDIVIDUAL TO GO

TO THE POLLING SITE IF THEY EARLY VOTED TO CHANGE THEIR VOTE.

ACTING SPEAKER AUBRY: THE CHAIR HAS

EXAMINED YOUR AMENDMENT AND FOUND IT NOT GERMANE TO THE BILL BEFORE

THE HOUSE.

MR. NORRIS: MR. SPEAKER, WITH ALL DUE RESPECT, I

WOULD LIKE TO APPEAL THE RULING OF THE CHAIR AND FOR THE SAME REASONS I

OFFERED BEFORE, THAT THIS DOES IMPACT THE BILL THAT IS BEFORE US AND IT

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SHOULD BE CONSIDERED FOR THE REASONS I PREVIOUSLY STATED.

ACTING SPEAKER AUBRY: CERTAINLY. MR.

NORRIS APPEALS THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE

HOUSE IS SHALL THE DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE

HOUSE. THOSE VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR.

THOSE VOTING NO VOTE TO OVERRIDE THE DECISION OF THE CHAIR.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MEMBERS ARE REMINDED --

ACTING SPEAKER AUBRY: LADIES AND

GENTLEMEN -- HOLD ON ONE MINUTE, MS. STOKES (SIC).

MRS. PEOPLES-STOKES: -- THAT THE QUESTION

BEFORE THE HOUSE IS A PROCEDURAL VOTE ON SUSTAINING THE RULING OF THE

CHAIR THAT OFFERED AN AMENDMENT THAT IS NOT GERMANE TO THE

BILL-IN-CHIEF. IT IS NOT A VOTE OF THE MERITS OF THE AMENDMENT, BUT ONLY

AS TO WHETHER THE RULING OF THE CHAIR SHALL BE THE RULING OF THIS HOUSE.

I URGE MY COLLEAGUES TO VOTE YES.

ACTING SPEAKER AUBRY: ANNOUNCE THE

RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RULING OF THE CHAIR IS SUSTAINED.

ON A MOTION BY MR. LAVINE, THE SENATE BILL IS BEFORE

THE HOUSE. THE SENATE BILL IS ADVANCED. THERE'S AN AMENDMENT AT THE

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DESK. MR. NORRIS TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR

EXAMINES IT.

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. I OFFER THE

FOLLOWING AMENDMENT THAT ANY COSTS ASSOCIATED WITH THE EARLY VOTING

WILL BE PAID FOR BY THE NEW YORK STATE BUDGET -- CONTAINED WITHIN THE

NEW YORK STATE BUDGET. I BELIEVE THAT THE COSTS ARE GOING TO BE

PLACED AGAIN ON TO OUR LOCAL MUNICIPALITIES, OUR COUNTIES AND LOCAL

GOVERNMENTS AND IF WE ARE PUTTING FORTH THIS LEGISLATION THEN WE SHOULD

BE RESPONSIBLE TO PAY FOR THAT MANDATE.

ACTING SPEAKER AUBRY: THE CHAIR HAS

EXAMINED YOUR AMENDMENT AND FOUND IT NOT GERMANE TO THE BILL BEFORE

THE HOUSE.

MR. NORRIS.

MR. NORRIS: MR. SPEAKER, WITH ALL DUE RESPECT, I

WOULD LIKE TO APPEAL THE RULING OF THE CHAIR FOR THE REASONS I

MENTIONED BEFORE THAT BECAUSE THIS LEGISLATION DOES HAVE A FISCAL

IMPACT AND IT WOULD HOPEFULLY BORNE BY THE STATE TAXPAYERS UNDER MY

AMENDMENT THAT IT IS GERMANE. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. MR.

NORRIS APPEALS THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE

HOUSE IS SHALL A DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE

HOUSE. THOSE VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR.

THOSE VOTING NO VOTE TO OVERRIDE THE DECISION OF THE CHAIR.

THE CLERK WILL RECORD THE VOTE.

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(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IN LIGHT OF

THE FACT THAT WE HAVE HAD A FEW OF THESE THAT ARE NOT GERMANE, LET ME

JUST REPEAT THAT I'M URGING MY COLLEAGUES TO VOTE YES TO SUSTAIN THE

RULING OF THE CHAIR. THIS IS JUST A PROCEDURAL VOTE AND I'M ENCOURAGING

FOLKS TO VOTE YES. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RULING OF THE CHAIR IS SUSTAINED.

READ THE LAST SECTION.

AN EXPLANATION IS REQUESTED, MR. LAVINE.

MR. LAVINE: THANK YOU, MR. SPEAKER. THIS BILL

AUTHORIZES A PERIOD OF EARLY VOTING, BEGINNING THE 10TH DAY BEFORE AN

ELECTION AND ENDING ON AND INCLUDING THE SECOND DAY BEFORE ANY

SPECIAL PRIMARY, RUNOFF PRIMARY OR GENERAL ELECTION. IT REQUIRES ONE

POLL SITE FOR EVERY 50,000 VOTERS IN EACH COUNTY, WITH A MINIMUM OF

ONE SITE AND A MAXIMUM OF SEVEN SITES. MAXIMUM NUMBERS CAN BE

ENLARGED ON THE CONSENT OF THE ELECTIONS COMMISSIONERS. IT AUTHORIZES

COUNTIES TO ESTABLISH ADDITIONAL POLL SITES IN ACCESS OF THE MINIMUM

NUMBER REQUIRED FOR THE CONVENIENCE OF VOTERS AND BOARDS OF ELECTION

ON A MAJORITY VOTE, AS I SAID, MAY REDUCE THE NUMBER OF SITES IF IT'S

DETERMINED A LESSER NUMBER IS SUFFICIENT TO MEET THE NEEDS OF THE

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VOTERS AND IT PROVIDES THAT AN ELIGIBLE VOTER MAY VOTE AT ANY EARLY

POLLING SITE WITHIN A COUNTY WITH CERTAIN LIMITATIONS.

AND I WANT TO ADD ONE MORE FACTOR, WHICH IS THIS: I

KNOW THAT THERE'S BEEN SOME CONCERN AMONG PEOPLE WHO ARE DISABLED,

BECAUSE THE LANGUAGE OF THE BILL DOES NOT SPECIFICALLY RELATE TO

DISABILITY; HOWEVER, IT IS THE LAW OF THE STATE OF NEW YORK, AND IT IS

EXPLICITLY DEFINED IN SECTION 4, 104-1A OF THE ELECTION LAW THAT ANY

POLLING SITE HAS TO BE FULLY ACCESSIBLE TO THE DISABLED. AND SOME

PEOPLE HAVE BEEN CONCERNED THAT THE BALLOT MARKERS MAY NOT BE

AVAILABLE, BUT SECTION 7-202 OF THE ELECTION LAW OF THE STATE OF NEW

YORK MANDATES THAT THEY BE PRESENT AT EACH POLLING SITE.

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. LAVINE, WILL YOU

YIELD?

MR. LAVINE: OF COURSE.

ACTING SPEAKER AUBRY: MR. LAVINE YIELDS.

MR. NORRIS: I'LL JUST MAKE A BRIEF STATEMENT,

CHUCK, IN TERMS OF THE FACTORS, IF YOU WOULD NOT MIND. WHEN YOU LOOK

AT THE FACTORS FOR THIS PARTICULAR LEGISLATION, I WOULD THINK THAT ONE IS TO

MAKE SURE THAT WE MAXIMIZE VOTER PARTICIPATION. THAT'S COST-EFFECTIVE.

ALSO, THAT WE DIMINISH ANY RISK FOR FRAUD OR ERRORS. ALSO, IS IT FAIR TO

BOTH CHALLENGERS AND INCUMBENTS? IS IT FAIR TO CANDIDATES OF BOTH

MAJOR PARTIES OR ALL PARTIES? DOES IT DIMINISH THE VOTERS' ABILITY TO

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MAKE A FULL, INFORMED DECISION AND DOES IT CAUSE ANY ADDITIONAL VOTER

CONFUSION? AND I THINK THOSE WOULD BE SEVEN FACTORS THAT SHOULD BE

CONSIDERED. WOULD YOU CONSIDER THAT TO BE A FAIR STATEMENT?

MR. LAVINE: I THINK THERE ARE AT LEAST SEVEN --

SEVEN FACTORS THAT MERIT PASSAGE OF THIS BILL, INCLUDING MAKING IT

SIMPLY EASIER FOR NEW YORKERS, ESPECIALLY NEW YORKERS WHO MAY

WORK TWO AND THREE JOBS, TO BE ABLE TO CAST THEIR BALLOTS AS IS THEIR

RIGHT. AND IT BECOMES INCREASINGLY DIFFICULT, ESPECIALLY WITH OUR

POPULATION RISING, FOR ONE DAY SIMPLY TO BE SUFFICIENT TO MEET THOSE

SEVEN ENDS AND THE ONE I SUGGESTED, AND ANY NUMBER OF OTHER GOALS

THAT WOULD BE ACCOMMODATED BY THIS BILL.

MR. NORRIS: NOW WHO WOULD BE RESPONSIBLE FOR

FUNDING THE COST OF THIS EARLY VOTING PROPOSAL?

MR. LAVINE: I CAN RECALL LAST YEAR WHEN WE TALKED

ABOUT EARLY VOTING, I THINK THE GOVERNOR HAD PUT $7- OR $8 MILLION INTO

ONE OF HIS BUDGETARY PROPOSALS, AND ONE OF THE GOOD THINGS ABOUT

PASSING THIS TODAY SO EARLY IN THE SESSION IS THAT IT WILL GIVE THE SENATE,

THE ASSEMBLY AND THE GOVERNOR AN OPPORTUNITY TO MAKE SURE THAT

THERE'S SUFFICIENT FUNDING IN THE BUDGET.

MR. NORRIS: BUT IS THERE ANY MONEY IN THE CURRENT

BUDGET RIGHT NOW, THE CURRENT FISCAL YEAR IN THE BUDGET?

MR. LAVINE: NO.

MR. NORRIS: AND WE DON'T KNOW ABOUT THE NEXT

FISCAL YEAR BECAUSE WE HAVEN'T ADOPTED THE BUDGET.

MR. LAVINE: WELL, WE'RE DESIGNING THAT BUDGET

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CERTAINLY AS WE SPEAK.

MR. NORRIS: OKAY. DO YOU KNOW WHAT THE ACTUAL

COST OF THIS MAY COST STATEWIDE OF SUCH A PROPOSAL?

MR. LAVINE: ESTIMATES HAVE RUN FROM $5- TO $10

MILLION.

MR. NORRIS: OKAY. NOW, FOR SOME OF THOSE COSTS,

THEY WOULD INCLUDE POLL WORKERS, POLLING SITE LOCATIONS, ADDITIONAL

BALLOTS, POLL BOOKS, SECURITY; THEY WOULD BE ALL CONSIDERED AS PART OF

THAT, CORRECT?

MR. LAVINE: I ASSUME SO.

MR. NORRIS: OKAY. NOW, MY QUESTION FOR YOU IS

WE JUST TOOK UP LEGISLATION, WHICH I DID SUPPORT, FOR NO EXCUSE

ABSENTEE VOTING. NOW, WOULDN'T THAT BE THE MOST LOGICAL AND

COST-EFFECTIVE WAY FOR SOMEONE TO RECEIVE A BALLOT IF THEY WANTED TO DO

SO PRIOR TO ELECTION DAY INSTEAD OF HAVING THESE MULTIPLE SITES WITH

THESE MULTIPLE COSTS ALL THROUGHOUT THE STATE OF NEW YORK?

MR. LAVINE: THE EXPERTS WHO HAVE EXAMINED THIS

QUESTION OF HOW DO WE BRING MORE PEOPLE OUT TO VOTE HAVE BEEN PRETTY

CLEAR THAT NO ONE SINGLE FACTOR IS SUFFICIENT. THE IDEA IS WE WILL PASS

MANY DIFFERENT APPROACHES TO MAKING THE VOTING EXPERIENCE SIMPLER,

EASIER AND MORE EFFICIENT FOR OUR -- FOR OUR CITIZENS.

MR. NORRIS: IF I CAN JUST POINT TO TWO STUDIES, ONE

THAT WAS DONE BY THE NEW YORK STATE BAR ASSOCIATION, WHICH I THINK

YOU AND I ARE BOTH A MEMBER OF, AND I BELIEVE THIS WAS IN 2012 OR '13.

THEY STATED, "THE CASE HAS NOT YET BEEN MADE THAT EARLY VOTING IN ITSELF

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ACTUALLY INCREASES VOTER TURNOUT SIGNIFICANTLY." AND I ALSO UNDERSTAND

THAT THERE ARE SOME DISTINGUISHED ALUMNI FROM THE UNIVERSITY OF

WISCONSIN; IS THAT TRUE?

MR. LAVINE: (LAUGHTER) YEAH, THERE'S A COUPLE.

MR. NORRIS: YES. I THINK I'M SPEAKING WITH ONE.

AND THEY ALSO CONDUCTED A STUDY THAT SAID -- THAT CONCLUDED THAT EARLY

VOTING ACTUALLY APPEARS TO LOWER THE LIKELIHOOD OF TURNOUT BY 3 TO 4

PERCENTAGE POINTS. SO MY QUESTION IS, I LOOKED AT THOSE TWO STUDIES.

ARE YOU AWARE OF ANY STUDIES OUT THERE THAT ACTUALLY SHOW THAT EARLY

VOTING ACTUALLY INCREASES THE OVERALL TURNOUT?

MR. LAVINE: I THINK STUDIES BY THE BRENNAN CENTER

AND THE CENTER FOR AMERICAN PROGRESS DEMONSTRATE THAT EARLY -- EARLY

VOTING HELPS. BY THE WAY, THE BAR ASSOCIATION REPORT SAID EARLY VOTING

IN AND OF ITSELF WASN'T GOING TO BE THE GAME CHANGER. AND THE

UNIVERSITY OF WISCONSIN REPORT BY PROFESSOR -- I'M TRYING TO REMEMBER

HIS NAME. SO, THAT PARTICULAR PROFESSOR'S REPORT HAS BEEN FAULTED

BECAUSE IT DEALT ONLY WITH ONE ELECTION, AND THAT WAS THE 2008 ELECTION.

AND THAT PARTICULAR PROFESSOR ALSO RECENTLY PUBLISHED A REPORT WHICH

FOUND THAT VOTER ID LAWS IN THE STATE OF WISCONSIN IN THE 2016 ELECTION

SUPPRESSED THE VOTE TO THE TUNE OF OVER 100,000 POTENTIAL VOTERS. SO,

I'M GUESSING HE MAY HAVE BEEN WRONG BACK IN 2008, BUT I'M GUESSING

MAYBE HE WAS RIGHT TO --

ACTING SPEAKER AUBRY: MR. BLAKE, WHY DO

YOU RISE?

MR. BLAKE: MR. SPEAKER, I WONDERED IF MR.

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LAVINE WOULD YIELD FOR THE POINT THAT WAS RAISED ABOUT THE DATA?

MR. LAVINE: I'M SORRY, MIKE.

ACTING SPEAKER AUBRY: IT'S ACTUALLY MR.

NORRIS' FLOOR, NOT MR. LAVINE.

MR. BLAKE: WILL MR. NORRIS YIELD ON A QUESTION HE

RAISED JUST NOW ABOUT DATA?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

NORRIS?

MR. NORRIS: SURE, MR. BLAKE.

ACTING SPEAKER AUBRY: MR. NORRIS YIELDS.

MR. BLAKE: JUST TO -- TO THE QUESTION, MR. NORRIS.

YOU -- YOU STATED SOMETHING RESPECTFULLY THAT WAS INACCURATE. YOU

STATED THAT THERE IS NO STUDIES TO DEMONSTRATE THAT EARLY VOTING HAS NOT

-- HAS INCREASED TURN OUT AND IN 2018, FOR EXAMPLE, MORE THAN 35

MILLION AMERICANS HAD VOTED BEFORE THE ELECTION. IT WAS A 75 PERCENT

INCREASE ACCORDING TO THE HARVARD INSTITUTE OF POLITICS. IN ADDITION,

VOTERS AGED 18 TO 39 HAD A NEARLY TRIPLE THE EARLY VOTING TURNOUT THAT

OCCURRED, THAT CAME FROM TURBO SMART ITSELF AND TURBO VOTING (SIC). IN

2018, MILLENNIALS BECAME THE EARLIEST VOTING BLOCK DEMONSTRATED DATA

INCREASE, AS WELL, IN ILLINOIS, FOR EXAMPLE, EARLY VOTING WENT UP BY 144

PERCENT. SO, THERE IS ENOUGH DATA TO DEMONSTRATE TO THE QUESTION ON

THAT POINT THAT EARLY VOTING DRAMATICALLY INCREASES TURNOUT RESPECTFULLY.

I'LL YIELD AT THIS TIME. THANK YOU.

MR. NORRIS: THANK YOU. THANK YOU, MR. BLAKE,

FOR THE QUESTION. IT'S MY UNDERSTANDING THAT THAT INFORMATION, OR THE

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ONES WHO ACTUALLY -- VOTERS WHO ACTUALLY VOTED EARLY AND NOT

COMPARED TO THE OVERALL TURNOUT, AND CORRECT ME IF I'M WRONG, BUT

THAT'S MY UNDERSTANDING. WHEN YOU -- THE OTHER INFORMATION I HAVE IS

WHEN THEY LOOK AT THE OTHER 33 STATES WHERE THERE'S ACTUALLY EARLY

VOTING THAT TAKES PLACE, 61.6 PERCENT IN THOSE STATES WAS THE OVERALL

VOTER TURNOUT FOR THE ENTIRE ELECTION AND WHERE THERE WAS NON-VOTING, IT

WAS 63.9 PERCENT.

SO, I GUESS MY -- MY QUESTION TO MR. LAVINE WAS, ARE

YOU AWARE OF ANY STUDIES OUT THERE THAT ACTUALLY SHOW THE INCREASE IN

EARLY VOTING AND I THINK YOU'VE ADDRESSED THAT PARTICULAR QUESTION.

GREAT. THANK YOU. THANK YOU, MR. LAVINE, MR. BLAKE. I DO HAVE A

FEW MORE QUESTIONS TO THE SPONSOR IF THAT'S OKAY?

MR. LAVINE: YES.

ACTING SPEAKER AUBRY: MR. LAVINE, WILL YOU

CONTINUE TO YIELD?

MR. LAVINE: YES.

ACTING SPEAKER AUBRY: MR. LAVINE YIELDS.

MR. NORRIS: THANK YOU, MR. LAVINE. NOW, I DO

HAVE A -- A QUESTION ABOUT WHETHER OR NOT AN INDIVIDUAL BE ABLE TO

CHANGE THEIR EARLY VOTE WITH LATE-BREAKING NEWS IS HAPPENING ALL THE

TIME BOTH IN PRESIDENTIAL, GUBERNATORIAL, STATE, FEDERAL ELECTIONS. WILL

THEY HAVE AN OPPORTUNITY TO CHANGE THEIR VOTE CONSIDERING NEWS BREAKS

THE WEEKEND BEFORE ELECTION DAY?

MR. LAVINE: NO.

MR. NORRIS: OKAY. NOW, I -- I WANT TO JUST GO

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BACK TO ANOTHER POINT, IF I MAY, AND THAT IS WITH THE NO EXCUSE ABSENTEE

BALLOT. AN INDIVIDUAL WOULD HAVE THE OPPORTUNITY TO HOLD THAT BALLOT

'TIL THE DAY BEFORE THE ELECTION TO CAST THAT BALLOT FROM ANYWHERE IN THE

COUNTRY OR IN THE WORLD WITH THE PROPER POSTMARK. SO, I JUST WANT TO

POINT THAT OUT, AGAIN, THAT IS A COMMONSENSE SOLUTION TO SOLVING THAT

PARTICULAR ISSUE.

NOW, IF I MAY JUST ASK A FEW SPECIFIC QUESTIONS

REGARDING THE POLLING SITES. HOW MANY VOTERS WILL THERE -- WILL BE

DETERMINED FOR THERE TO BE AN EARLY VOTING SITE?

MR. LAVINE: FIFTY-THOUSAND.

MR. NORRIS: AND HOW MANY SITES, MAXIMUM, WILL

THERE BE IN A PARTICULAR COUNTY?

MR. LAVINE: SEVEN, UNLESS THE COMMISSIONERS

WANT MORE.

MR. NORRIS: OKAY. AND NOW YOU MENTIONED THE

COMMISSIONERS. ARE THOSE -- THE COMMISSIONERS DECIDE WHERE THE

POLLING SITES ARE LOCATED?

MR. LAVINE: THAT'S MY UNDERSTANDING.

MR. NORRIS: AND DOES IT HAVE TO BE A UNANIMOUS

DECISION OF THE BOARD? WHERE I COME FROM THERE'S A REPUBLICAN

COMMISSIONER. DOES IT HAVE TO BE UNANIMOUS?

MR. LAVINE: YES.

MR. NORRIS: NOW, I THINK WE ALL HAVE SEEN IN THE

NEWS, WE'VE GOT CONCERN ABOUT THE SAFETY AND SECURITY OF OUR SCHOOLS,

IN PARTICULAR. IS THERE ANY LANGUAGE CONTAINED WITHIN THIS BILL, SINCE

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EARLY VOTING WILL HAPPEN FOR ABOUT EIGHT DAYS UNDER THIS PROPOSAL,

WHICH WOULD PROHIBIT EARLY VOTING IN SCHOOL LOCATIONS WHERE OUR

CHILDREN ARE AND ANYONE CAN ENTER THOSE BUILDINGS TO VOTE?

MR. LAVINE: NO.

MR. NORRIS: OKAY. AND I HAVE ONE MORE QUESTION

-- OKAY, JUST ABOUT THAT. SO, ALSO, DO YOU KNOW IF THE INDIVIDUALS THAT

THE GOVERNOR HAD -- HAD COMMUTED THEIR SENTENCE TO ALLOW TO VOTE, THE

PAROLEES, WOULD THEY GO BE ABLE TO GO TO THESE SCHOOLS AND VOTE DURING

EARLY VOTING?

MR. LAVINE: I'M PRETTY SURE THAT THE EXECUTIVE

ORDER ALLOWS THEM TO VOTE WITHIN A CERTAIN LIMITED NUMBER OF HOURS,

BUT DON'T TAKE THAT AS -- AS THE DEFINITIVE WORD.

MR. NORRIS: I SUSPECT MAYBE YOU CAN FIND THAT OUT

AND WE CAN TALK ABOUT THAT LATER ON.

MR. LAVINE: AND IT'S THE PAROLE OFFICERS WHO MAKE

THAT DETERMINATION.

MR. NORRIS: OKAY. THANK YOU VERY MUCH, MR.

LAVINE.

MR. LAVINE: THANK YOU.

MR. NORRIS: NOW IN TERMS OF THESE DIFFERENT

SITES -- SO, THERE'S A POTENTIAL OF SEVEN DIFFERENT POLLING SITES UNLESS THE

COMMISSIONERS DEEM MORE. CAN A VOTER, REGARDLESS OF WHERE THEY LIVE

IN THE COUNTY, GO TO ANY ONE OF THOSE LOCATIONS TO ACTUALLY CAST AN EARLY

VOTE?

MR. LAVINE: THAT IS THE OBJECTIVE.

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MR. NORRIS: OKAY. AND THEN WHAT TYPE OF POLLING

BOOKS WILL BE USED AT THESE LOCATIONS TO ENSURE THAT A VOTER DOES NOT GO

FROM LOCATION A TO B TO C TO D TO E TO F TO G DURING THE COURSE OF THE

DAY?

MR. LAVINE: THAT IS A MATTER THAT'S LEFT TO THE -- TO

THE BOARDS OF ELECTION.

MR. NORRIS: ARE YOU AWARE IF THE ELECTRONIC POLL

BOOKS HAVE BEEN APPROVED YET BY THE STATE BOARD OF ELECTIONS?

MR. LAVINE: I DON'T BELIEVE THEY HAVE.

MR. NORRIS: ALL RIGHT. WE SAT TOGETHER AT A

HEARING, I KNOW, TWO YEARS AGO ON CYBERSECURITY. I KNOW IT'S A VERY BIG

CONCERN FOR ALL OF US AS AMERICANS, AS NEW YORKERS HERE IN THE STATE

OF NEW YORK. IN TERMS OF THESE NETWORKS IN THE EVENT THAT THERE WERE

ELECTRONIC POLL BOOKS THROUGH ALL THE SITES, WOULD THERE BE PROPER

SECURITY MEASURES TO ENSURE THAT THOSE COMPUTERS ARE NOT HACKED OR

TAMPERED WITH?

MR. LAVINE: I'M SURE THE STATE OF NEW YORK IS

GOING TO CONTINUE TO ENSURE THAT THERE IS ABSOLUTE PROTECTION. OTHER

STATES HAVE NOT.

MR. NORRIS: NOW, IN TERMS OF VOTER CONFUSION. AS

I REFERENCED EARLIER, I COME FROM NIAGARA COUNTY UP IN THE NORTHWEST

CORNER OF NEW YORK STATE, VERY PROUD TO HAVE COME THERE, THAT'S THE

FIRST MECHANIC VOTING BOOTH WAS USED IN THE CITY OF LOCKPORT MANY

YEARS AGO. AND THERE ARE MANY JURISDICTIONS CONTAINED WITHIN MY

COUNTY. WE'VE GOT 12 TOWNS, WE HAVE THREE CITIES. AS PART OF THOSE

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CITIES WE HAVE WARDS, WE HAVE MULTIPLE WARDS IN TWO OF THE CITIES. WE

HAVE 15 LEGISLATIVE -- COUNTY LEGISLATIVE DISTRICTS ALSO IN OUR COUNTY,

WHICH LEADS TO MULTIPLE BALLOTS BEING HANDLED BY THE BOARD OF ELECTION

EMPLOYEES, PARTICULARLY WHEN THEY SEND THEM OUT TO THE POLLING SITE.

AT -- AT THE POLLING SITE WHERE THE EARLY VOTING WOULD TAKE PLACE, WILL

THESE MULTIPLE BALLOTS BE THERE?

MR. LAVINE: I APOLOGIZE, MIKE.

MR. NORRIS: THAT'S OKAY. I UNDERSTAND. I'LL JUST GO

BACK. SO, IN TERMS OF THE JURISDICTION. IN MY COUNTY, THERE'S AROUND 75

DESIGNED BALLOTS USUALLY EVERY YEAR DURING THE GENERAL ELECTION. IF

THERE'S A PRIMARY, THERE'S EIGHT ESTABLISHED PARTIES IN THE STATE OF NEW

YORK, THAT COULD BE 500 IF THERE'S JUDICIAL RACES. WILL THERE BE A BALLOT

FOR EVERY VOTER AT THAT LOCATION?

MR. LAVINE: IDEALLY, BUT IT REMAINS UP TO THE

BOARD OF ELECTION TO DETERMINE WHETHER THERE SHOULD BE REGIONAL

POLLING PLACES WITH THAT -- WITH THAT CONCERN IN MIND.

MR. NORRIS: AND I'M SURE YOU WOULD AGREE THAT

WE WANT TO MAKE SURE EVERY VOTER GETS THE PROPER BALLOT TO CAST WHEN

THEY GO TO THESE LOCATIONS. I MEAN, WHEN I GO TO VOTE AT MY ELECTION

DISTRICT IN MY 24 IN THE CITY OF LOCKPORT, I KNOW WHICH BALLOT I'M

GOING TO GET BECAUSE IT'S RIGHT THERE. BUT WHEN YOU OPEN THIS UP TO

MULTIPLE JURISDICTIONS, TO MULTIPLE BALLOTS, THE POTENTIAL IS THERE FOR AN

INDIVIDUAL TO GET THE IMPROPER BALLOT. AND, YOU KNOW, I KNOW THIS

HAPPENS WITH ABSENTEES AND THE BOARD EMPLOYEES DO THE VERY BEST THAT

THEY CAN, BUT THEY ALSO WORK WITH THESE ITEMS EVERY DAY AND THE

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POTENTIAL IS IS THAT THESE LAYWORKERS WHO MAYBE ONLY DO IT A COUPLE

TIMES A DAY HAVE TO BE AWARE OF ALL THESE BALLOT DESIGNS. SO, MY

QUESTION TO YOU IS ARE THERE ANY PROVISIONS IN THIS LEGISLATION TO ENSURE

THAT PROPER EMPLOYEES OR PROPER OVERSIGHT ARE AT THESE LOCATIONS TO

ENSURE THAT THE VOTER GETS THE PROPER BALLOT?

MR. LAVINE: THE OVERSIGHT IS UP TO THE BOARDS OF

ELECTION AND THE BOARDS OF ELECTION HAVE A PRETTY GOOD HISTORY IN OUR

STATE OF MAKING SURE THAT THERE WAS SUFFICIENT EDUCATION AND

SUPERVISION.

ACTING SPEAKER AUBRY: EXCUSE ME. MR.

NORRIS, YOUR TIME HAS EXPIRED.

MR. NORRIS: THANK YOU. IS THERE ANYBODY ELSE --

ANYONE ELSE IN THE QUEUE?

ACTING SPEAKER AUBRY: NO ONE ELSE.

MR. NORRIS: MAY I CONTINUE WITH A FEW MORE

QUESTIONS?

ACTING SPEAKER AUBRY: OH, HOLD ON. I'M

SORRY. WE DO HAVE SOMEONE ELSE.

MR. NORRIS: I WILL SIT DOWN. THANK YOU VERY

MUCH. THANK YOU.

ACTING SPEAKER AUBRY: MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: WHILE I WAS LOOKING AT IT I SEE THAT,

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YOU KNOW, WE'RE MAKING SOME -- ONE POLLING SITE TO SEVEN POLLING SITES

FOR UP TO 50,000 VOTERS. ONE THING THAT COMES TO MIND IS TALKING ABOUT

THE SCHOOLS. DOWN IN NEW YORK CITY IN STATEN ISLAND, WE'RE WORRIED

ABOUT POLLING SITES THAT ARE GOING TO FIT ADA REQUIREMENTS. AND,

OFTENTIMES, WE'RE USING, OUT OF OUR 1,400 SCHOOL BUILDINGS IN NEW

YORK CITY, UPWARDS OF 800 SCHOOLS AS POLLING SITES AND THAT'S, OF

COURSE, BECAUSE THEY FIT THE MODEL THAT WE NEED FOR THE ADA, SO

WHEELCHAIRS CAN GET AROUND THE POLLING SITES, AROUND THE BOOTHS TO PUT

IN THEIR VOTES.

THE IMPACT THAT THIS IS GOING TO HAVE ON OUR SCHOOLS

AND OUR STUDENTS IS GREAT. THEY'RE GOING TO LOSE THEIR CAFETERIA.

THEY'RE GOING TO LOSE THEIR GYMNASIUM, AND WE'RE TALKING FOR 10 DAYS.

SO, IT'S ALSO GOING TO ALLOW PEOPLE, AS MR. NORRIS NOTED, COMING INTO

THE SCHOOL WITHOUT HAVING TO SHOW ID, WHICH IS THE PROPER PROTOCOL

NOW IN THE NEW YORK CITY DEPARTMENT OF EDUCATION.

SO, THESE ARE ALL QUESTIONS THAT AS I WAS LOOKING OVER

THE BILL, I DON'T SEE ANY ANSWERS TO AND I THINK THAT THOSE ARE SOME

POINTS THAT WE REALLY NEED TO TOUCH ON BECAUSE WE ARE GOING TO IMPACT

THE PHYSICAL EDUCATION MANDATES THAT WE REQUIRE UNDER THE EDUCATION

LAW FOR OUR STUDENTS IN K-12, AND NOW WE'RE TALKING ABOUT PRE-K AS

WELL.

SO, WHAT WE'RE VOTING ON TODAY WITH THE EDUCATION

LAW TALKING ABOUT SPECIAL ELECTIONS, PRIMARY ELECTIONS AND GENERAL

ELECTIONS, YOU'RE TALKING ABOUT POSSIBLY LOSING 30 DAYS IN YOUR GYM FOR

YOUR STUDENTS, BECAUSE THAT'S WHERE THE SITES ARE GOING TO HAVE TO BE

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LOCATED SO YOU FIT THE ADA REQUIREMENTS. AND, YOU KNOW, I KNOW

OUTSIDE OF NEW YORK CITY THERE'S POSSIBILITY THAT POLLING SITES ARE AT

OTHER LOCATIONS. UNFORTUNATELY, FOR US TO FIT OUR POLLING LOCATIONS, WE

DON'T HAVE THOSE FACILITIES EXCEPT SCHOOLS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. NORRIS FOR ROUND TWO.

MR. NORRIS: THANK YOU. THANK YOU, MR. SPEAKER.

WILL THE SPONSOR YIELD FOR A COUPLE MORE QUESTIONS?

ACTING SPEAKER AUBRY: MR. LAVINE, WILL YOU

YIELD?

MR. LAVINE: OF COURSE.

ACTING SPEAKER AUBRY: MR. LAVINE YIELDS.

MR. NORRIS: THANK YOU, MR. LAVINE. JUST

REGARDING THE SECURITY OF THE BALLOTS AT THE POLLING LOCATION. DO YOU

KNOW, AT THE POLLING SITES FOR EARLY VOTING, WILL THEY BE -- WILL THE

VOTING TAKE PLACE ON A PAPER BALLOT AND THEN PUT INTO A MACHINE OR WILL

THEY ALL BE DONE BY PAPER BALLOTS AND PUT IN ENVELOPES?

MR. LAVINE: IDENTICAL PROCEDURE TO WHAT WE'RE

USING.

MR. NORRIS: THE CURRENT?

MR. LAVINE: IDENTICAL PROCEDURE.

MR. NORRIS: OKAY. SO THEY'LL VOTE ON A MACHINE

BY PUTTING THEM IN A MACHINE.

MR. LAVINE: YES.

MR. NORRIS: OKAY. VERY GOOD. NOW, HOW WILL

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THOSE MACHINE TABULATIONS, THE COMPUTER CHIPS, HAVE YOU, BE STORED

EVERY EVENING, YOU KNOW, TO MAKE SURE THEY'RE SECURE, ALL THE VOTES ARE

SECURE?

MR. LAVINE: THE MEMORY STICKS ARE -- WILL BE

PROTECTED AND THE BINS WILL BE PROTECTED JUST THE WAY THEY'RE PROTECTED

NOW.

MR. NORRIS: AND THEY WILL GO INTO SOME LOCKED

ROOM, MAYBE A GUARD BY A SHERIFF OR BY POLICE OR BY A BOARD OF

ELECTIONS WITH TWO KEYS?

MR. LAVINE: THAT'S MY ASSUMPTION.

MR. NORRIS: OKAY. VERY GOOD. NOW, IN TERMS OF

COUNTING OF THE BALLOTS, I WAS READING THE LEGISLATION AND I NOTICED A

PROVISION IN THERE THAT SAYS THAT BALLOTS FOR EARLY VOTING CAN BE COUNTED

ONE HOUR BEFORE THE CLOSE OF ELECTION DAY BEGINNING AT 8:00 HERE IN

NEW YORK STATE. IS -- IS THAT -- IS THAT ACCURATE?

MR. LAVINE: SURE IS.

MR. NORRIS: AND WHY IS THAT?

MR. LAVINE: I BELIEVE IT IS TO ALLOW FOR THOSE

BALLOTS TO BE REPORTED AT ABOUT THE SAME TIME THAT THE REGULAR BALLOTS

ARE REPORTED SO THAT THERE'S NOT AN UNNECESSARY LAG. AND THE EXPRESSED

LANGUAGE OF THE STATUTE MANDATES THAT THE BOARDS OF ELECTION HAVE TO

MAINTAIN ABSOLUTE SECURITY OVER THAT HOUR-LONG PROCESS SO THAT NO ONE

GETS ANY INKLING OF WHAT THE -- THOSE TABULATED RESULTS ARE.

MR. NORRIS: MR. LAVINE, I DO HAVE SERIOUS

CONCERNS THAT VOTES WILL BE COUNTED IN THE STATE OF NEW YORK BEFORE

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THE CLOSE OF THE POLLS, SO I WOULD JUST KINDLY ASK YOU WHEN YOU'RE

DEALING WITH THE GOVERNOR'S OFFICE AND YOUR OTHER COLLEAGUES TO

CONSIDER A TECHNICAL AMENDMENT TO ALLOW -- TO MAKE SURE THAT THOSE

VOTES ARE NOT COUNTED PRIOR TO THE CLOSE OF VOTES SO THERE'S NO

OPPORTUNITY AT ALL FOR ANY LEAK OR ANY MISINFORMATION THAT IS PUT OUT.

NOW, I JUST --

MR. LAVINE: IT WOULD BE A VIOLATION OF OUR

CRIMINAL LAW FOR ANY BOARD OF ELECTION EMPLOYEES TO REPORT THOSE

RESULTS AND, BUT, IN ADDITION, MICHAEL, MR. NORRIS, YOU AND I HAVE

SPOKEN MANY TIMES AND HAVE A -- HAVE A GOOD FORM OF COMMUNICATION

AND WE WILL CONTINUE TO TALK.

MR. NORRIS: WE CERTAINLY DO, AND I AM VERY

RESPECTFUL OF YOU AND WE WORK VERY WELL TOGETHER IN THE ELECTION LAW

COMMITTEE AND I APPRECIATE THAT.

MR. LAVINE: MICHAEL, AS THEY SAY IN BROOKLYN,

COMING RIGHT BACK ATCHA.

MR. NORRIS: OKAY. HERE WE GO. THANK YOU. I

JUST HAVE ONE MORE QUESTION. THIS ONLY APPLIES TO PRIMARY ELECTIONS,

GENERAL ELECTIONS AND THE RUNOFF ELECTION IN NEW YORK CITY?

MR. LAVINE: SPECIAL ELECTIONS -- IT APPLIES TO ANY

ELECTION THAT'S MONITORED BY THE BOARD OF ELECTIONS.

MR. NORRIS: ALL RIGHT. BUT IT WOULDN'T APPLY TO

SCHOOL BOARD ELECTIONS OR FIRE DISTRICT ELECTIONS OR ANYTHING LIKE THAT.

MR. LAVINE: GENERALLY SPEAKING, NO.

MR. NORRIS: ALL RIGHT. VERY GOOD. MR. SPEAKER,

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ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

NORRIS.

MR. NORRIS: THANK YOU. AND, MR. LAVINE, THANK

YOU VERY MUCH FOR YOUR COURTESIES THROUGHOUT THE DEBATE. I DID ENJOY

THE OPPORTUNITY TO DISCUSS THESE VERY IMPORTANT ISSUES. AND I WANT TO

JUST BE VERY CLEAR. I THINK IT IS CRITICALLY IMPORTANT THAT EVERY

INDIVIDUAL, EVERY CITIZEN HAVE THE OPPORTUNITY TO CAST THEIR VOTE IN THE

STATE OF NEW YORK. AND I THINK WE HAVE THAT SOLUTION BECAUSE YOU

CAN GO TO THE POLLING SITE TO DO IT ON ELECTION DAY, OR IF WE'RE

SUCCESSFUL TO HAVE THAT CONSTITUTIONAL AMENDMENT, WHICH I SO PROUDLY

SUPPORTED, FOR NO EXCUSE ABSENTEE VOTING TO PLACED INTO EFFECT. WE

HAVE THE COMMONSENSE SOLUTION RIGHT THERE THAT WILL REDUCE THE COST

AND THE BURDEN ON OUR LOCAL MUNICIPALITIES, WHICH WILL REDUCE THE

BURDENS ON OUR SCHOOLS, WHICH WILL REDUCE THE BURDENS ON TRYING TO GET

POLL WORKERS. IT'S DIFFICULT ENOUGH HERE IN THE STATE OF NEW YORK TO

ACTUALLY GET POLL WORKERS TO BE THERE, AND I JUST THINK THAT BECAUSE OF

THAT OPTION, THIS PARTICULAR LEGISLATION IS NOT NECESSARY.

AND I ALSO HAVE CONCERNS REGARDING VOTER CONFUSION,

TO MAKE SURE THEY GET THE PROPER INFORMATION, THAT THEY GET THE PROPER

BALLOT AND ALSO ABOUT THE SECURITY AND THE CHAIN OF CUSTODY OF THOSE

BALLOTS BETWEEN THE POLL -- EARLY POLLING SITES AND THE BOARD OF

ELECTIONS AND EVERYWHERE IN BETWEEN.

SO, BASED UPON THE GREAT COST IN THE STATE OF NEW

YORK TO IMPLEMENT THE EARLY VOTING TO THE TUNE OF $2.4 MILLION FOR

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NYS ASSEMBLY JANUARY 14, 2019

COUNTIES UPSTATE AND I BELIEVE $1 MILLION IN THE CITY OF NEW YORK PER

ELECTION, WE HAVE THAT SOLUTION AND THAT IS THE EARLY -- I'M SORRY. THAT'S

THE NO EXCUSE ABSENTEE BALLOT PROCESS THAT WE VOTED ON HERE TODAY. SO,

FOR THOSE REASONS, I WILL BE CASTING MY VOTE IN THE NEGATIVE AND I

ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU VERY MUCH, MR.

SPEAKER, FOR YOUR -- ALL YOUR COURTESIES TODAY, AS WELL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. BRIEFLY, I

WANT TO SAY THAT IN MANY OTHER STATES WHERE THERE HAS BEEN EARLY

VOTING, THERE HAS BEEN A TREMENDOUS AMOUNT OF ENERGY AND EXCITEMENT.

AND MY CONSTITUENTS HAVE ASKED REPEATEDLY WHY IS NEW YORK BEHIND

THE TIMES. SO, I'M VERY PLEASED TO SUPPORT THIS AS WELL AS THE OTHER

MEASURES THAT WE PUT FORWARD TODAY. HOPEFULLY, THIS WILL REDUCE SOME

OF THE LINES AT THE -- ON ELECTION DAY WHICH HAVE, IN MY DISTRICT,

WRAPPED AROUND THE BLOCK. SO, I COMMEND THE SPONSOR WHO

SPONSORED MANY OF THESE MEASURES AND I WITHDRAW MY REQUEST AND

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. RA.

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NYS ASSEMBLY JANUARY 14, 2019

MR. RA: THANK YOU, MR. SPEAKER. I JUST QUICKLY

WANT TO MENTION, AGAIN, THIS ISSUE OF COST. I HOPE THAT WHEN WE'RE

THINKING ABOUT THAT IN THE BUDGET PROCESS, WE NEED TO THINK REALLY

COMPREHENSIVELY. IT'S NOT JUST STAFFING THESE LOCATIONS. THERE'S GOING

TO BE NEED FOR MACHINES, ALL KINDS OF DIFFERENT THINGS THAT ARE GOING TO

GO ALONG WITH THIS. IF WE THINK WE'RE GOING TO USE BALLOT SCANNERS ON

THOSE DAYS OF VOTING, I DON'T THINK MOST OF THE MACHINES THAT ARE

CURRENTLY IN OPERATION RIGHT NOW CAN HANDLE DOING DIFFERENT TYPES OF

BALLOTS. I KNOW THERE'S NO WAY WE'RE GOING TO HAVE HUNDREDS OF

DIFFERENT MACHINES AT ONE PLACE TO SCAN ALL THESE BALLOTS. SO, THEY'RE

GOING TO HAVE TO REALLY DEAL WITH THAT. ELECTRONIC POLL BOOKS, THAT WAS

-- AS WAS MENTIONED, PERHAPS DEVICES THAT CAN PRODUCE A BALLOT ON THE

SPOT SO THAT WE GIVE SOMEBODY THE CORRECT BALLOT RATHER THAN, YOU

KNOW, HAVING MAYBE BOXES OF -- OF PERHAPS HUNDREDS OF DIFFERENT

VERSIONS OF A BALLOT.

SO, YOU KNOW, WE'VE SEEN MANY TIMES IN THE PAST

WHEN PIECES OF LEGISLATION HAVE BEEN ADOPTED AND WE'VE TALKED ABOUT

COSTS LATER AND OUR LOCAL MUNICIPALITIES HAVE BEEN CAUGHT HOLDING THE

BILL. AND, LOOK, WE HAVE SOME OF THE HIGHEST PROPERTY TAXES IN THE

NATION WITHIN OUR STATE AND WE NEED TO MAKE SURE THAT IT'S NOT OUR

PROPERTY TAXPAYERS THAT END UP FOOTING THE BILL FOR THIS. THANK YOU.

ACTING SPEAKER AUBRY: MR. CARROLL.

MR. CARROLL: THANK YOU, MR. SPEAKER. FIRST, I

WOULD LIKE TO COMMEND THE SPONSOR TODAY ON HIS PIECE OF LEGISLATION.

BECAUSE OF WHAT WE'VE DONE TODAY, NEW YORK WILL BECOME THE 39TH

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STATE TO HAVE EARLY VOTING. IT IS TOO LATE, BUT THANK GOD IT HAPPENED.

I'D ALSO LIKE TO COMMEND THE SPONSORS OF THE OTHER PIECES OF

LEGISLATION. BECAUSE OF WHAT WE'VE DONE TODAY, WE ARE GOING TO

GREATLY REFORM OUR ELECTORAL PROCESS HERE IN NEW YORK. NO-FAULT

ABSENTEE VOTING, SAME DAY REGISTRATION, CLOSING THE LLC LOOPHOLE WILL

MAKE SURE THAT WE MAKE IT EASIER FOR THE CITIZENS OF THE STATE OF NEW

YORK TO PARTICIPATE IN OUR ELECTIONS AND IT WILL BLUNT THE FORCE AND

POWER OF SPECIAL INTERESTS. SO, I WITHDRAW MY REQUEST AND I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. CARROLL IN THE

AFFIRMATIVE.

MR. RAIA.

MR. RAIA: THANK YOU, MR. SPEAKER. THIS IS A

TOUGH VOTE. WHILE I -- I CERTAINLY SUPPORT THE EARLY VOTING, I AM

CONCERNED ABOUT SCHOOL SAFETY. AND I WILL BE VOTING YES ON THIS, BUT I

FIND IT JUST AMAZING THAT EVERY DAY YOU HAVE TO PRESENT IDENTIFICATION TO

WALK INTO A SCHOOL BUILDING. IT'S BAD ENOUGH ON ELECTION DAY AND

PRIMARY DAY AND SPECIAL ELECTIONS THAT THAT GOES AWAY, BUT TO MAKE IT

GO AWAY ON NOT ONLY THOSE ELECTIONS, BUT THEN EIGHT DAYS, NINE DAYS, 10

DAYS BEFORE AN ELECTION WHERE WE'RE POTENTIALLY PUTTING OUR KIDS AT

RISK, I'D HATE TO BE -- I HOPE I'M NOT GOING TO BE IN A POSITION WHERE I'M

GOING TO REGRET MY YES VOTE, BUT I HOPE THAT THERE'S A TECHNICAL

AMENDMENT THAT IS GOING TO DO SOMETHING TO ENSURE THE SAFETY OF OUR

KIDS BECAUSE GOD -- GOD HELP US IF ONE CHILD LOSES THEIR LIFE BECAUSE

SOME CRAZY WALKS IN AND DIDN'T HAVE TO PRESENT ID ON AN ELECTION.

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THEREFORE, I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. RAIA IN THE

AFFIRMATIVE.

MR. DINOWITZ.

MR. DINOWITZ: TO EXPLAIN MY VOTE. AS

REPRESENTATIVES, WE SHOULD BE DOING EVERYTHING THAT WE CAN TO

ENCOURAGE LARGER VOTER TURNOUTS, TO MAKE IT EASIER, TO MAKE IT SIMPLER.

AND AS A LONGTIME ADVOCATE FOR ELECTION LAW REFORM AND FOR

INCLUSIVENESS, I CAN'T BE MORE THRILLED THAT WE HAVE FINALLY GOTTEN TO

THIS DAY. AND I WANT TO THANK OUR SPEAKER, BUT I ALSO WANT TO SAY THAT

IT'S WONDERFUL TO KNOW THAT WE FINALLY, FINALLY HAVE PARTNERS DOWN THE

HALL TO HELP MAKE THIS HAPPEN. AND WHEN YOU THINK ABOUT WHAT WE'VE

DONE TODAY, EARLY VOTING, NO EXCUSE ABSENTEE BALLOTING, ONE PRIMARY,

SAME-DAY REGISTRATION, THE ABILITY TO TRANSFER YOUR ENROLLMENT WHERE

YOU MOVE NO MATTER WHERE YOU MOVE IN THE STATE, CLOSING THE LLC

LOOPHOLE. THIS IS REALLY A GREAT DAY FOR DEMOCRACY IN NEW YORK AND

IT'S REALLY A GREAT DAY -- A GREAT WAY TO START THE SESSION THIS YEAR. SO, I

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE

AFFIRMATIVE.

MS. BICHOTTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO COMMEND ALL MY

COLLEAGUES FOR SPONSORING THESE PIECES OF LEGISLATION TO STRENGTHEN THE

ELECTORAL PROCESS, WHETHER IT'S EARLY VOTING, NO EXCUSE ABSENTEE BALLOT,

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PRE-REGISTERING 16- AND 17-YEAR-OLDS AND A WHOLE HOST OF OTHERS,

MAKING IT MORE FLEXIBLE AND INCLUSIVE OF NEW YORKERS' SITUATIONS.

IN 1965, PRESIDENT LYNDON B. JOHNSON SIGNED INTO THE

VOTING RIGHTS ACT OF 1965 AIMED TO OVERCOME ANY IMPEDIMENTS FOR

AFRICAN-AMERICANS TO EXERCISE THE RIGHT TO VOTE PROTECTED UNDER THE

15TH AMENDMENT. IN 1920, THE U.S. CONSTITUTION WAS RATIFIED TO

INCLUDE THE 19TH AMENDMENT GIVING WOMEN THE RIGHT TO VOTE. IF ALL

GROUPS HAVE THE RIGHT TO VOTE IN OUR COUNTRY, THEN THERE SHOULD BE NO

REASON WHY WE SHOULD PUSH EVEN FURTHER TO REMOVE THE OBSTACLES THAT

IMPEDE ON THIS RIGHT.

SO TODAY, I SUPPORT THIS ELECTION REFORM PACKAGE AND

STAND ON THE SAME SIDE OF HISTORY THAT OUR NATION HAS THUS FAR. THANK

YOU.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MS. LINDA ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. ELECTIONS MATTER. IF THE LAST TWO ELECTION CYCLES HAVE

TAUGHT US ANYTHING, IT'S THAT ELECTIONS HAVE WIDE RANGING CONSEQUENCES,

THE EFFECTS OF WHICH WILL BE FELT LONG AFTER THE PEOPLE WHO WON LEAVE

OFFICE. ALL ACROSS THE COUNTRY, RIGHT HERE IN NEW YORK STATE, PEOPLE

HAVE BEEN REMINDED OF THE IMPORTANCE OF VOTING AND HAVE FLOCKED TO

THE POLLS TO CAST THEIR BALLOTS IN RECORD NUMBERS. THE INCREASED TURNOUT

HAS INSPIRED US ALL, BUT OUR SYSTEM FOR VOTING DOES NOT MAKE IT EASY FOR

EVERY PERSON WHO WISHES TO CAST THEIR BALLOT. IN FACT, THE SYSTEM AS IT

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EXISTS TODAY ACTUALLY MAKES IT HARDER FOR EAGER AND ELIGIBLE NEW

YORKERS TO CAST THEIR BALLOT. THAT CHANGES TODAY WITH THE SWEEPING

REFORMS THAT BOTH THE ASSEMBLY AND NOW THE STATE SENATE HAVE PASSED

AS WELL.

I'M INCREDIBLY PROUD TO BE PART OF THIS MOVEMENT AND

PART OF THIS PROGRESSIVE CHANGE IN NEW YORK STATE. PERSONALLY, I LOVE

TO VOTE. I WOULD VOTE EVERY DAY IF I COULD AND, LUCKILY FOR ME, I FOUND

A JOB THAT ALLOWS ME TO DO THAT. BUT FOR THOUSANDS OF NEW YORKERS, NO

MATTER HOW MUCH THEY WANT TO VOTE, TAKING TIME AWAY FROM THEIR JOBS

CAN BE AN INCREDIBLE BURDEN AND OFTEN A FLAT OUT IMPOSSIBILITY.

THEREFORE, OUR NO EXCUSES ABSENTEE VOTING BILL WILL HAVE A TREMENDOUS

IMPACT ON MANY PEOPLE. SO WILL CONSOLIDATING OUR PRIMARY DAYS.

WE'RE GOING TO SAVE LOTS OF MONEY. WE'RE GOING TO DRIVE PEOPLE TO THE

POLLS AND WE WILL GET THE GOVERNMENT THAT WE TRULY DESERVE, BECAUSE

PEOPLE WILL BE PARTICIPATING.

SO, I'M SO PROUD THAT WE'RE EMPOWERING EVERY NEW

YORKER TO REGISTER TO VOTE EASILY, TO CAST A VOTE THAT WILL BE COUNTED AND

TO MAKE NEW YORK TRULY THE PROGRESSIVE BEACON THAT WE OUGHT TO BE. I

CAST MY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MR. BLAKE.

MR. BLAKE: ON PRIMARY DAY LAST YEAR, MR. SPEAKER

AND COLLEAGUES, THERE WAS A WOMAN NAMED EDITH CONYER WHO SHARED

WITH US ON WHY SHE WAS EXCITED TO GO VOTE. AND SHE TOLD A STORY THAT

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IN 1964, THE FIRST TIME SHE WENT TO GO VOTE, SHE WAS FROM FORT MOTTE,

SOUTH CAROLINA, AND SHE HAD TO TAKE A LITERACY TEST. AND SHE HAD SAID

SHE NEVER MISSED AN ELECTION EVER SINCE BECAUSE OF THE RESPONSIBILITY

THAT HAPPENED BECAUSE OF THAT. WHAT HAPPENED ON TODAY WAS CREATING

HISTORY AND MAKING IT EASIER.

WHEN WE TALK ABOUT EARLY VOTING, IT IS ESSENTIAL AND

NECESSARY WHEN YOU REALIZE THAT 47 PERCENT OF AMERICANS DO NOT HAVE

$400 IN THEIR BANK ACCOUNT WHEN AN EMERGENCY OCCURS. WHEN WE TALK

ABOUT THE RESPONSIBILITY OF CONSOLIDATING OUR ELECTIONS INTO ONE DAY, IT

MAKES IT EASIER TO INCREASE TURNOUT, WHERE YOU SAW THERE WAS A TRIPLE

INCREASE IN THE PRIMARY AND A DOUBLE INCREASE IN THE GENERAL ELECTION.

WHEN YOU FURTHER ASSESS THAT YOU HAVE TO MAKE IT EASIER FOR SAME-DAY

REGISTRATION, OBVIOUSLY THAT'S CRITICAL.

NOW, THIS WAS A GREAT DAY, BUT WE HAVE MORE THAT WE

HAVE TO DO. WE HAVE TO MAKE IT EASIER FOR THOSE THAT ARE ON PAROLE THE

OPPORTUNITY TO BE ENGAGED IN THE PROCESS, AND WE HAVE TO MAKE IT

STATUTORY IN EXECUTIVE ORDER, BUT WE ALSO HAVE TO MAKE SURE WE FIND

MORE OPPORTUNITIES WHEN IT COMES TO AUTOMATIC VOTER REGISTRATION.

THIS WAS A GREAT DAY AND WE CELEBRATE THE SPONSORS AND LEADERSHIP THAT

HAVE BEEN A PART OF THIS, BUT LET US ALWAYS REMIND OURSELVES, OUR

PURPOSE IS TO MAKE IT EASIER FOR SOMEONE TO VOTE, NOT HARDER, AND WE

ARE ABLE TO ACHIEVE THAT SUCCESS ON TODAY. AND I'M PROUDLY VOTING IN

THE AFFIRMATIVE ON ALL BILLS ON TODAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. BLAKE IN THE

AFFIRMATIVE.

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MR. ORTIZ.

MR. ORTIZ: THANK YOU. THANK YOU, MR. SPEAKER,

FOR ALLOWING ME TO EXPLAIN MY VOTE. TODAY NOT ONLY IS A GREAT DAY IN

NEW YORK STATE, BUT TODAY IS A GREAT HISTORICAL MOMENT AS WE'RE

OPENING THE 2019 SESSION. THIS BILL IS COMPLETELY OVERDUE.

THIRTY-SEVEN STATES ALREADY HAVE THIS BILL. SO, THIS IS A GREAT, GREAT,

GREAT TIME FOR ME TO SAY HOW PROUD I FEEL TO BE A MEMBER OF THIS BODY

AND TO BE AN ASSEMBLYMEMBER FROM THE STATE OF NEW YORK. AS WE'RE

MOVING FORWARD, PEOPLE RIGHT NOW SHOULD NOT HAVE TO CHOOSE BETWEEN

WORK AND FAMILY DUTY TO HAVE THE RIGHT TO VOTE. THE RIGHT TO VOTE IS A

GREAT RIGHT, NOT A PRIVILEGE AND HAVING EARLY VOTING IN NEW YORK STATE

WILL GIVE THE PEOPLE IN MY DISTRICT WHAT THEY SENT ME TO DO HERE, TO DO

THE PEOPLE'S WORK. AND I BELIEVE THAT THEY ARE GOING TO FEEL VERY PROUD

TODAY AS I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. MR. ORTIZ

IN THE AFFIRMATIVE.

MR. CRESPO.

MR. CRESPO: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. YOU KNOW, IN THESE LAST FEW ELECTION CYCLES, WE'VE SEEN

INCREDIBLE GROWTH IN TURNOUTS, BUT WE'VE ALSO SEEN THE CHALLENGES AND

THE LACK OF PREPARATION, THE PHYSICAL SPACE AND THE RESOURCES

ACCOMMODATING THAT TURNOUT. WE EXPECT TURNOUT TO CONTINUE TO

INCREASE BUT, YET, WE WOULD OFTENTIMES SHOOT OURSELVES IN THE FOOT BY

NOT LOOKING AT ALL OF THESE OPTIONS AND MAKING ACCESS TO VOTING, ACCESS

TO THE VOTING BOOTH A REALITY FOR NEW YORKERS.

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AND SO IT'S EXCITING. IT'S EXCITING THAT WE'RE HERE

TODAY PASSING THIS PACKAGE OF BILLS AND ALL OF THESE THINGS WILL MAKE IT

EASIER, WILL MAKE SENSE TO OUR CONSTITUENTS WHO HAVE BEEN CLAMORING

FOR THESE CHANGES. WE CAN NO LONGER AFFORD TO SEE THOSE LINES, THOSE

INCONVENIENCES, THOSE CHALLENGES WITH OUR -- WITH OUR MACHINES. THIS

PACKAGE IN ITS ENTIRETY WILL MAKE SURE THAT WE'RE MAKING VOTING A MORE

ACCESSIBLE PROCESS AS TO ALL NEW YORKERS AND -- AND THAT IS A GREAT

THING. BUT ALSO TO REMIND FOLKS THAT WE HAVE BEEN HERE BEFORE AS AN

ASSEMBLY. WE HAVE CHAMPIONED MANY OF THESE BILLS. WE HAVE

PASSED LEGISLATION LIKE THIS ALREADY, BUT IT IS GREAT THAT WE NO LONGER

HAVE TO REVISIT THIS, THAT WE HAVE A PARTNER IN THE SENATE THAT CAN GET IT

DONE AND THIS WILL BE THE YEAR WHERE VOTING REFORMS AND ACCESSIBILITY

BECOMES A REALITY TO NEW YORKERS ACROSS THE STATE.

SO, FOR ALL THOSE WHO ARE ONLINE ASKING, WHAT ARE YOU

GUYS DOING UP IN ALBANY? WE'VE BEEN DOING THIS. HOPEFULLY IT'S THE

LAST TIME WE HAVE TO. THANK YOU. I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. CRESPO IN THE

AFFIRMATIVE.

MS. WALSH.

MS. WALSH: THANK YOU. JUST TO QUICKLY EXPLAIN

MY VOTE. I FEEL LIKE A LITTLE BIT OF A DOWNER COMING AFTER EVERYBODY

THAT'S JUST BEEN KIND OF SAYING HOW GREAT THIS WAS. I HAVE TO SAY THAT

THE DEBATE WAS VERY INTERESTING AND -- AND LET ME JUST TELL YOU SOME OF

THE THINGS THAT I HEARD WHICH HAVE INFLUENCED THE VOTE THAT I'LL BE

MAKING TODAY, THAT THERE IS NO REAL IMPLEMENTATION PLAN. THAT WE HAVE

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PREVIOUSLY VOTED TO CONSOLIDATE OUR PRIMARIES. SO, WE'RE GOING TO HAVE

A PRIMARY THE THIRD WEEK OF JUNE AND WE'RE GOING TO BE IMPLEMENTING

10 DAYS BEFORE THAT AN EARLY VOTING SYSTEM, AND WE DON'T KNOW WHAT

THAT IS. WE KNOW THAT THERE ARE NO ELECTRONIC POLL BOOKS, MAYBE NOT

EVERY PLACE HAS THEM. I KNOW MY COUNTY DOESN'T HAVE THEM. WE HAVE

CONCERNS ABOUT SCHOOL SAFETY. WE HAVE, IN SARATOGA COUNTY, WE HAVE

153,000 VOTERS AND 196 ELECTION DISTRICTS. EACH ONE HAS A TWO-PART

POLL BOOK AND NO WAY TO ESTIMATE TURNOUT, ALL RIGHT? SO, EVEN IF WE

DON'T HAVE A WHOLE BUNCH OF SITES FOR EARLY VOTING, WE'RE GOING TO NEED

VERY LARGE SPACES AND A LOT OF INSPECTORS AND WE'VE ALREADY TALKED

DURING DEBATE ABOUT HOW DIFFICULT IT IS TO FIND POLL INSPECTORS AND TO

FIND POLL WATCHERS IN THIS DAY AND AGE.

SO, VOTERS COULD THEORETICALLY GO FROM ONE POLL SITE TO

THE OTHER AND THEN VOTE ON ELECTION DAY, AS WELL, AND WE WON'T KNOW

UNTIL AFTER THE ELECTION, UNLESS WE HAVE ELECTRONIC POLL BOOKS, WITH

REALTIME CONNECTIVITY AND NOT JUST FOR THE EARLY VOTING SITES, BUT FOR ALL

OF THE SITES. WE ALSO ARE GOING TO NEED SPECIAL BALLOT ON DEMAND

PRINTERS. WE DON'T EVEN HAVE THE COSTS FOR THAT, AT LEAST IN MY COUNTY

WE DON'T KNOW HOW MUCH THAT'S GOING TO COST.

SO I'M ALL FOR REFORM. I THINK THAT'S A GREAT THING. I

THINK THAT THIS IS GREAT, MAYBE A GREAT CONCEPTUAL PLAN, BUT WE'RE NOT

THERE YET AND BY THE LOOKS OF THE VOTE, IT'S GOING TO HAPPEN. SO I WOULD

ENCOURAGE THE PEOPLE THAT ARE SUPPOSED TO PUT THIS PLAN TOGETHER TO

REALLY ACT QUICKLY. I VOTE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

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NEGATIVE.

MS. WOERNER.

MS. WOERNER: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I SHARE THE

ENTHUSIASM MANY HAVE EXPRESSED REGARDING THE POTENTIAL OF EARLY

VOTING TO ENSURE THAT MORE NEW YORKERS HAVE THE RIGHT TO EXERCISE

THEIR RIGHT TO VOTE. I'M PLEASED THAT WE'RE GOING TO JOIN 38 OTHER STATES

IN PERMITTING EARLY VOTING. BUT I ALSO SHARE THE CONCERNS ABOUT THAT THE

INTEGRITY OF OUR ELECTIONS BE PROTECTED. MANY OF THE OTHER 38 STATES

PERMIT, RECOMMEND OR REQUIRE THE USE OF ELECTRONIC POLL BOOKS TO

ENABLE THAT PROTECTION. I WOULD ASK THAT AS THE ASSEMBLY PREPARES OUR

BUDGET RESOLUTION THAT WE INCLUDE LANGUAGE REQUIRING THAT THIS

TECHNOLOGY BE USED AND THAT THE STATE PROVIDE THE FUNDING NECESSARY TO

THE COUNTIES. WITH THAT, I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IS THERE ANY OTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NUMEROUS

FINE RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE. ALL THOSE IN

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FAVOR OF THE RESOLUTIONS SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 9-18 WERE

UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:30, TUESDAY,

JANUARY THE 15TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: FOR YOUR MAIDEN

VOYAGE, MRS. PEOPLES-STOKES, THANK YOU SO VERY MUCH. THE ASSEMBLY

STANDS ADJOURNED.

(APPLAUSE)

(WHEREUPON, AT 8:33 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, JANUARY 15TH AT 10:30 A.M., TUESDAY BEING A

SESSION DAY.)

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