New York voting after moving
September 14, 2018 8:23 AM Subscribe
If I move too close to an election for a change-of-address to take effect in time, can I legally vote at my old polling place?
According to the New York Board of Elections, voter registration changes of address must be made at least 20 days before the election. For the second year in a row, I've moved fewer than 20 days before the primary election. I know that if I go to my old polling place I will still be on the rolls and will be able to complete a ballot. If I do so, am I breaking any laws? If so, is there some other way I can vote or am I going to be disenfranchised every time I move because my lease expiration lines up with the election calendar this way?
Additional details: if I were registered at my new address, some of the races on the ballot would be the same as those on the ballot for my old address, but other, more-local races would be different. I moved within the same city but to a different county.
In the past, I would probably not have worried about this, but in these days of aggressive prosecution of so-called voter fraud, I am nervous.
According to the New York Board of Elections, voter registration changes of address must be made at least 20 days before the election. For the second year in a row, I've moved fewer than 20 days before the primary election. I know that if I go to my old polling place I will still be on the rolls and will be able to complete a ballot. If I do so, am I breaking any laws? If so, is there some other way I can vote or am I going to be disenfranchised every time I move because my lease expiration lines up with the election calendar this way?
Additional details: if I were registered at my new address, some of the races on the ballot would be the same as those on the ballot for my old address, but other, more-local races would be different. I moved within the same city but to a different county.
In the past, I would probably not have worried about this, but in these days of aggressive prosecution of so-called voter fraud, I am nervous.
Actually, the linked page says the Board of Elections has to process your change of address in time for the election if you submitted it at least twenty days before election day. Your eligibility to vote is based on having resided in the jurisdiction for at least thirty days. So you are absolutely within your rights to vote at your old polling place since you were unable to provide a change of address more than twenty days before the election.
This is how it is done in Illinois, where I was an election judge for many years.
posted by DrGail at 9:21 AM on September 14, 2018 [1 favorite]
This is how it is done in Illinois, where I was an election judge for many years.
posted by DrGail at 9:21 AM on September 14, 2018 [1 favorite]
Can you? absolutely (as long as your name appears on the voter rolls in your old district, which in NYS is always dicey bc were bad at elections).
I saw online yesterday instances where individuals were directed by BOE officials (or polling site staff who are very much not BOE officials) to go to the address where they were registered, even when the voter indicated they had moved into a new election district.
This is obviously imperfect, in this case it was a crown heights resident who was excited to vote against Jesse Hamilton in the NYS Senate primary who had to go back to their former Manhattan ED and cast a ballot in a race that person hadnt thought about until the moment the BOE told them to go to the old location.
Ethically, i think you are totally fine as long as you made the effort to change your registration. Voting where they tell you to, even after you've notified them of a move, shouldnt reflect poorly on you.
That said, the clear and obvious answer is same day registration, something we should push the legislature on in its upcoming session. Unless they LIKE people not voting [feigned sarcasm]
posted by Exceptional_Hubris at 9:34 AM on September 14, 2018
I saw online yesterday instances where individuals were directed by BOE officials (or polling site staff who are very much not BOE officials) to go to the address where they were registered, even when the voter indicated they had moved into a new election district.
This is obviously imperfect, in this case it was a crown heights resident who was excited to vote against Jesse Hamilton in the NYS Senate primary who had to go back to their former Manhattan ED and cast a ballot in a race that person hadnt thought about until the moment the BOE told them to go to the old location.
Ethically, i think you are totally fine as long as you made the effort to change your registration. Voting where they tell you to, even after you've notified them of a move, shouldnt reflect poorly on you.
That said, the clear and obvious answer is same day registration, something we should push the legislature on in its upcoming session. Unless they LIKE people not voting [feigned sarcasm]
posted by Exceptional_Hubris at 9:34 AM on September 14, 2018
Not directly relevant, but Massachusetts has a similar setup and here you're explicitly allowed to vote at the old address for up to 6 months after you move (as long as you haven't yet registered at the new address).
(The bigger issue is that with early-September primaries the voter registration deadline is some time in early August, effectively preventing anyone who goes away over the summer from registering. This is more or less an intentional measure to disenfranchise college students who might vote for progressive candidates over old-style machine Democrats in various state-level primaries.)
posted by firechicago at 10:50 AM on September 14, 2018 [1 favorite]
(The bigger issue is that with early-September primaries the voter registration deadline is some time in early August, effectively preventing anyone who goes away over the summer from registering. This is more or less an intentional measure to disenfranchise college students who might vote for progressive candidates over old-style machine Democrats in various state-level primaries.)
posted by firechicago at 10:50 AM on September 14, 2018 [1 favorite]
I am a poll worker in Westchester County, New York. This is how the rules work in New York.
As long as you move within New York State, the address change will not affect your eligibility to vote, regardless of when you tell the Board of Elections about it. You do need to go to the correct place to vote, though.*
First, make sure you know the district for your new address. You need to vote there or your vote will not count. Your county might offer a lookup on line, or just call the BoE or ask a neighbor.
If you move within the same district, just go to your old polling place and vote there. File your address change with the BoE when you can.
If your new address corresponds to a different district, you need to go to the election district for your new place of residence and vote there. If your name does not appear in the poll roster book, you should request** an affidavit ballot and vote on that, noting the address change. At least in Westchester, this will also trigger an address change in your registration information so that you are set for next time.
Feel free to PM me with questions.
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*I mean, if you went to your old polling place and your name was still in the book, you would probably get away with voting there, but that would constitute illegal voter fraud. Technically (but unlikely) you could go to jail for this. Do the right thing for representative democracy and vote where you live.
**Technically, the poll workers should offer you the affidavit ballot once you explain your situation, but TBH many just won't, for any of a myriad of reasons ranging from incompetence to laziness (although they seem to be getting better about this.) Know this: Despite what anybody tells you, you can ALWAYS request and vote on an affidavit ballot if you are willing to swear that you are in the right place and entitled to vote. This applies to any time you believe there is a roster book error, not just address changes. If you get pushback, get another poll worker or somebody at the BoE to straighten the situation out. Every polling place should have a voter's bill of rights posted somewhere, which probably covers this as well.
But again, the affidavit ballot has to be voted in the correct district and polling place, or it will be disqualified when it gets to the BoE for validation and not be counted.
posted by Opposite George at 1:25 PM on September 14, 2018 [2 favorites]
As long as you move within New York State, the address change will not affect your eligibility to vote, regardless of when you tell the Board of Elections about it. You do need to go to the correct place to vote, though.*
First, make sure you know the district for your new address. You need to vote there or your vote will not count. Your county might offer a lookup on line, or just call the BoE or ask a neighbor.
If you move within the same district, just go to your old polling place and vote there. File your address change with the BoE when you can.
If your new address corresponds to a different district, you need to go to the election district for your new place of residence and vote there. If your name does not appear in the poll roster book, you should request** an affidavit ballot and vote on that, noting the address change. At least in Westchester, this will also trigger an address change in your registration information so that you are set for next time.
Feel free to PM me with questions.
-------------------------------------------------------------------------
*I mean, if you went to your old polling place and your name was still in the book, you would probably get away with voting there, but that would constitute illegal voter fraud. Technically (but unlikely) you could go to jail for this. Do the right thing for representative democracy and vote where you live.
**Technically, the poll workers should offer you the affidavit ballot once you explain your situation, but TBH many just won't, for any of a myriad of reasons ranging from incompetence to laziness (although they seem to be getting better about this.) Know this: Despite what anybody tells you, you can ALWAYS request and vote on an affidavit ballot if you are willing to swear that you are in the right place and entitled to vote. This applies to any time you believe there is a roster book error, not just address changes. If you get pushback, get another poll worker or somebody at the BoE to straighten the situation out. Every polling place should have a voter's bill of rights posted somewhere, which probably covers this as well.
But again, the affidavit ballot has to be voted in the correct district and polling place, or it will be disqualified when it gets to the BoE for validation and not be counted.
posted by Opposite George at 1:25 PM on September 14, 2018 [2 favorites]
To address what Exceptional_Hubris said: I am sure that there were poll workers telling people to go vote at their old polling places, but the poll workers were giving out incorrect information.
In New York State, the poll roster is not the ultimate authority. When it is incorrect, you are supposed to vote on an affidavit ballot. The poll workers stating otherwise were most likely lazy or incompetent, and technically facilitating election fraud.
Please go vote where you are supposed to, which is the district corresponding to your current address, despite what anybody else tells you. This is how representative democracy is supposed to work.
posted by Opposite George at 1:32 PM on September 14, 2018 [1 favorite]
In New York State, the poll roster is not the ultimate authority. When it is incorrect, you are supposed to vote on an affidavit ballot. The poll workers stating otherwise were most likely lazy or incompetent, and technically facilitating election fraud.
Please go vote where you are supposed to, which is the district corresponding to your current address, despite what anybody else tells you. This is how representative democracy is supposed to work.
posted by Opposite George at 1:32 PM on September 14, 2018 [1 favorite]
New York State Election Law
So, when you cast an affidavit ballot as Opposite George describes, that will register you to vote at your new address.
posted by the agents of KAOS at 3:46 PM on September 14, 2018
1. The board of elections shall transfer the registration and enrollment of any voter for whom it receives a notice of change of address to another address in the same county or city, or for any voter who casts a ballot in an affidavit ballot envelope which sets forth such a new address. So, when you cast an affidavit ballot as Opposite George describes, that will register you to vote at your new address.
posted by the agents of KAOS at 3:46 PM on September 14, 2018
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