“A Wotg Rights Project of the New York State Democratic Committe and the ONC October 20,2017 [Attoey General Erie Sehnelderman 120 Broad Now York,NY 10271 Dear Atomey General Schneiderman, [Ahead ofthe November Tih 2017 Election Day, we, th undersigned state and regional leadership ofthe "New York Democratic Lawyers Counel (QYDLO, write to thankyou for your unwavering comment 1 combat all forms of voter suppression, and Io call your atention to sever recurring voting rights violations and inexcusable material departres from sate and federal vting laws across New York Sse, Pariulary inthe WestchestetLower Hudson Valley region. These laws af intended to provide for fit fd orderly administration of elections ina way that protects voters om intntonal or Inadvertent Voter ‘Stppresson In pace, thelr misapplication coinues to disenfranchise fr oo many New Yorker In light of the information below, we request that OAGs Civil Rights Bureau revise and reissue its (October 17,2016 Levert the Co-Chabs and Commissioners of he NYS Board of Election and expand ‘he reipens to inlude ll County BOE Commissioners. Weslo suggest hat OAG provide clifton a5 tothe criminal and civil Hinblity tht elections offcineatthe polity setting level could fe, afer notice of the foregoing, these pemicious politcal practices continue as they did in 2016, or where ‘onetve action for ast impermisible policies isnt taken. This apposch rele the reality tht oot counts dicey adminis elecon, and therefore, County leadership ix best able to prevent (or cee) ‘he application of policies hat deviate rom the eter sn sprit of ate and federal voting laws ‘Singe 2005, NYDLC has helped organize annual section monitoring programs in New York and across {te U.S. During te November 2016 secon, NYDLC Telded = 400-parson voter protection POTS ‘scoss New Yark Sate. This breath allows uso appevateth scope and widespread extent of latin relted iveglarites and helps us identify systemic tends and paters across the stat. The major areas ‘of concern in the Westchester / Lower Hudson Valley region during recent elections include: + Improper Wihholding of Atfidavie (provisional) Ballot: Th resring and widespread pastie apparently sanctioned by several loc BOES of fling to carey istct thet inspector (0 ‘Mfrmatively offer and readily make avilable fiat (provisional ellos to those ented fo them Under the Help America Vote Act (HAVA) and New York State land the related practice of Imposing an ary of procedural hurdles that work to wndemine the purpose of HAVA’s proviso ballot rework andthe explicit poteton the Act provides, + By way of example, attached is 2 2012 leer from Voter Protection Counsel to the Oninge (County BOE (copied 10 NYS BOF and NYS OAG) documenting the sforementoned practic in iy af Newburgh, hone to & large minoriy and collegesudent population. The lester ‘emocalings an aprecment withthe County BOE tht the sbove practice ha no basis in av and in many cases would violate the same if repeated. An tached Nov 8, 2016 ineignt reo fled byan eccredited Poll Watcher documents the continuation ofthis prac in Orange County, and is ilstatve of 2016 practice in counties a vared as Ulster (New Paltz and Kingsen), Dutchess (Beacon), and Onondaga +The prevalene of oth cicumstances prior to November 2016 wee significant enough o prompt [NYSOAG to lunch an inquiry ito the practice. The 2016 NYS OAG Letter finds that “Darna ‘he Presideatal Primary, the OAG recelved complaint from voters ia Albany, Clin, Ee, ‘Niagara, Ontario, Westchester, and Sffolk Cotes who reported that they were denied uid "Help America Voi Aa SD US. § 21082; NY. Het Law § 800-2). 6s OLCOt | Twter ANOLE | anon Ema og OLEallots at thei poll sites although they Belived they wer eligible 1 vote” Based on our ‘experience on Nov. 8, 2016, NYDLC ean confi thee past practices identified by OAG as impermissible deviations fom sate and fede + Despite this pubic admonishment, Westchester County bas not updated or elsfed its Poll Inspector taining manual which contains a muddled explanation of the afiavt ball (rahe reserving) amevork. The closest statement othe aca aw rend “yo have confirmed the Voters address isin your dst, the voter may vote by AMfidave Ballot” The 2016 Ulster County manual insractd pol workers Yo “cal the Board of Elesions tse if the Voter is registered in Ulster Count.” Given past practic, these instreton fil to arclate clear Statement of the law (shall, nat “may") or provide a simple rsktime process, ctxing taccepable space for abuse of discretion and ely that can fustate civil ight depending on ‘who is exereising that discretion law were repeated across Now York Improper Use of Challenges and Related Voter Intimidation and Suppression Tactics: The ‘Westchester County GOP has Tepacy of “inimidating voter sifling tumour among low-income blacks and Latinos, crowing up spurious challenges to lepimatereisuations, and ferociously twisting legal tecicalites in ek favon.”* + One high-profile example during the election of New Yar State's fit African-American State ‘Senate Leader tock place at PAL gym in Vonkers, largely minority neighboriood. Before the lection, County GOP lawyer led challenges tothe repisration of nearly 6000 duly eisered ‘voters. Apart from casting doub over the legitimacy ofthe eestion, his led to the dissemination {nd improper use of challenge lise, a common voter suppression ‘ati: Media reported hat large throng of volunteers holding GOP poll watcher cerifetes cresed in Yonkers Fie Department (oficial-looking) garb gathered inside the poling pace and rpestedly challenged the signatures of ele resents. This mtmidation tactic typical and was) focused “tthe signup tables, challenging one voter afer another, insisting that hei signatres dnt mate he ‘ones in regisation books. People with questions couldn't get them answered because ofall the ‘haggling. A nobody’s-charge-here futon None in hero.” Moreove, th widespread challenges led 19 long lias of angry black voters Based on our experience fn 2016, NYDLC ‘am contr tht this was not an isolated incdet, but instead is incentive ofa fla pate of ‘brazen, sometimes ovr itimldatio tats thal aks pee across New York Stat Improper provisio/withholding of Spanish-language resources in Latinolarge-ESL. distiets: ‘On November 6 2016, Vor Protection Counsel recsved reports of s shortage of Spnishlngunge tall, interpreters, and other materials inthe Village of Port Chester, locality with a majority minority population (39.4% HispanicLatin per 2010 census), ‘+ 122008, the Village of Port Chester (Westchester County) was “baled ino federal preclaranee pursuant section 3 ofthe Veting Rights, sb part of consent dere resin fom an ation led by the U.S. Department of Justice" In eacing the setement, th consent deree expe 2 NYS O46 Later the Co-Chars ond Commisioners of te HYS Board of Estos, dato Otaer 1, 2016 (otaced) tp. gisele. 10-17 leer o-Ps 'Veseheer Coumy Board of Eleions, Pal Worker Tnswstion Manial (V222015), at 3536, ‘nptienpariiainn wexchstexeycon/matsircydvpollorteManal ze; Ulster Cou Bead [¢Flestons, Char Maser nd Ballo Marr Noma (Oe. 72015), 21 and aah). awtene Downes, Ie Gym i Yonkers, a Game of Block the Ya, NY. Times Nov. 9, 2006, wines com/200/1/Sopnon 0th, Jaan Gonzales, Wena Got Ds, BY Dsl Hews [No 10,2006, sw delves con/archivednenhu het, S205 2 Sipe Che Stes of maria and Cesar Rue. ig of Pert Centr, Consent Dee, 06 Cv 1173 (SCR) (ONY 200 bowed edesPont hese atensctateece althatthe court “relied on the ofa history of discrimination in Port Chester, including Port (Chester's Tack of required Spanish language assistance at the polls and incidents of Hirpanie ‘voters being tuned away from the polls” As par ofthe setement, Port Chester was required to ake all phases ofthe election proces as accessible 1 the Hispanic and Spanish-language liens within Pot Chester ax they are to the remainder of the Village's poplin,” Unfortunately, the Consent Decree expied in June, 2016, Based on our experience on NOW. 8, 2016, NYDLC can confirm these past pracices denied by U.S. DO! as impermissible deviations from tat and oral lw were repeated in Port Chester. + Improper Use of Amidavit Ballots Where “Emergency Ballot” Procedure Applies: Put suctnedy, fidavit ballots and “emergency balls” addres istnt crcmstaness on Election Day.” ‘ur experience suggests there is widespread poll worker eonfusionmsapplcation of thas rules. A ‘simple brihtline explnaton caries the distinction and ey be helpful opll workers! ‘Where there isa question sbout a voter's eligibility eg. name missing from pl check-in ‘book, but voter lis residence inthe dsr) an aa allot must be efeed since ligiily may be in doubt. The afidavit ballot is segregated for later eligibility ‘eterminain, before it can be counted. By contrast, where perfec eligible voters veal thei oll site and encounter broken scanner equipment, the emergency ballot [rocess applies: Voter receives ascar-able “emergency” allot which i stored Soarely nd scanned as a regular ballot woud be, once the machine is xed oF at lose of polls, resuming aood fh, this sue is one that can largely be cured by emphasizing the bright ine rule Aurng poll worker anings. Unfortunatly confusion has persisted fr several election cycles, eling in wasted (already limited affidavit resources, and more problenatialy, the oat hoe sbjetng of duly registered votes to eightenedscuiny daring the canvas, merely de equipment malfunction. In light ofthe recent history ofthe aforementioned practices, we equst tht your office conduct eutresch 10 all New York State and Local Election Commissioners, and encourage thom to tke proactive and srretve measures to minimize st much ae posible thelr perpetuation, We think its appropri to Fevise and reissue your October 17,2016 Ler, and expand the recipient, In tat cone fo highlight thesigufican public wast placed in hese oficial, would ls be appropiate to clarify the ena for pemicous pola activity and other relevant ivi ight “ol of law" fess, Finally, we thank you for past and future unwavering commitment to combat all forms of voter supresio; your work asing awarenes about these sues and proposing much-neded reforms; nd that your team does to help safeguard ou fundamental voting Fh. soe, Dov Din hr Rp Vee iaoaresa Raat vo Celso BONA See Meee soa oat Mixbey dee acer ce ire cnnerage serie comeraee owl cat, CoCh, S0E abet rt Caco Des SBE ‘ne Spt, Commis SBOE * Coupare NY. Hes. Law §8302(X0) wih LY. le Law § 7120, Daring the Fintan ea down, pis ty ae enegenty tls After an baa ty ms wes hem NY. Eee Law 71300),