New York Proposal 4, Allow for No-Excuse Absentee Voting Amendment (2021)

New York Proposal 4
Election date November 2, 2021
Topic Voting policy measures
Status d Defeated
Type Constitutional amendment	Origin State legislature

2021 measures
November 2
New York Proposal 1
New York Proposal 2
New York Proposal 3
New York Proposal 4
New York Proposal 5
Polls
Voter guides
Campaign finance
Signature costs

The New York Proposal 4, the New York Allow for No-Excuse Absentee Voting Amendment, was on the ballot in New York as a legislatively referred constitutional amendment on November 2, 2021. It was defeated.

A "yes" vote supported authorizing the state legislature to pass a statute for no-excuse absentee voting.

A "no" vote opposed this constitutional amendment, thus continuing to require voters to be absent from their county of residence, ill, or physically disabled to vote with an absentee ballot.

Election results

New York Proposal 4
Result		Votes	Percentage
Yes		1,370,897	44.97%
No		1,677,580	55.03%

Results are officially certified.

Source

Overview

What would the ballot measure have changed about absentee voting in New York?

The ballot measure would have authorized the New York State Legislature to pass a statute for no-excuse absentee voting, meaning any registered voter could request and vote with an absentee ballot. In 2021, the New York Constitution required voters to be absent from their home county, ill, or physically disabled to vote with an absentee ballot.

How did New York compare to other states?

See also: Background

As of 2021, New York was one of 16 states that required voters to provide an excuse to receive an absentee ballot. Of the remaining 34 states, 27 provided for no-excuse absentee voting and seven states used mail-in voting, meaning every registered voter received a mail-in ballot.

Why was this proposal on the ballot?

See also: Path to the ballot

Proposal 4, a constitutional amendment, originated in the New York State Legislature. In New York, a constitutional amendment must be approved by the legislature during two successive legislative sessions with an election for state legislators in between to go before voters. The constitutional amendment was passed in 2019 and 2021. Legislative Democrats supported the constitutional amendment during both sessions. In 2019, 75.8% of legislative Republicans voted to refer the constitutional amendment. In 2021, 31.8% of legislative Republicans voted to refer the constitutional amendment.

Text of measure

Ballot title

The ballot question was as follows:

“

Authorizing No-Excuse Absentee Ballot Voting The proposed amendment would delete from the current provision on absentee ballots the requirement that an absentee voter must be unable to appear at the polls by reason of absence from the county or illness or physical disability. Shall the proposed amendment be approved?

”

Ballot summary

The ballot summary was as follows:

“

The purpose of this proposal is to eliminate the requirement that a voter provide a reason for voting by absentee ballot. The proposed amendment would do so by deleting the requirement currently in the Constitution that restricts absentee voting to people under one of two specific circumstances: (1) those who expect to be absent from the county of their residence, or from New York City for residents of that city, on Election Day, and (2) those who are unable to appear at their polling place because of illness or physical disability.

”

Constitutional changes

See also: Article II, New York Constitution

The measure would have amended Section 2 of Article II of the New York Constitution. The following underlined text would have been added and struck-through text would have been deleted:

The legislature may, by general law, provide a manner in which, and the time and place at which, qualified voters who, on the occurrence of any election, may be absent from the county of their residence or, if residents of the city of New York, from the city, and qualified voters who, on the occurrence of any election, may be unable to appear personally at the polling place because of illness or physical disability, may vote and for the return and canvass of their votes in any election.

Readability score

See also: Ballot measure readability scores, 2021

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The New York Board of Elections wrote the ballot language for this measure. The FKGL for the ballot title is grade level 14, and the FRE is 35. The word count for the ballot title is 44, and the estimated reading time is 11 seconds. The FKGL for the ballot summary is grade level 22, and the FRE is 20. The word count for the ballot summary is 89, and the estimated reading time is 23 seconds.

Support

Yes on 1, 3, 4 led the campaign in support of Proposal 1, Proposal 3, and Proposal 4.

Supporters

Officials

• U.S. Rep. Jerrold Nadler (D)
• State Sen. Joseph Addabbo (D)
• State Sen. Jamaal Bailey (D)
• State Sen. Brian Benjamin (D)
• State Sen. Alessandra Biaggi (D)
• State Sen. Neil Breslin (D)
• State Sen. John E. Brooks (D)
• State Sen. Samra Brouk (D)
• State Sen. Leroy Comrie (D)
• State Sen. Jeremy Cooney (D)
• State Sen. Simcha Felder (D)
• State Sen. James Gaughran (D)
• State Sen. Michael Gianaris (D)
• State Sen. Andrew Gounardes (D)
• State Sen. Peter Harckham (D)
• State Sen. Michelle Hinchey (D)
• State Sen. Brad Hoylman-Sigal (D)
• State Sen. Robert Jackson (D)
• State Sen. Todd Kaminsky (D)
• State Sen. Anna Kaplan (D)
• State Sen. Brian Kavanagh (D)
• State Sen. Timothy M. Kennedy (D)
• State Sen. Liz Krueger (D)
• State Sen. John Liu (D)
• State Sen. John Mannion (D)
• State Sen. Rachel May (D)
• State Sen. Shelley Mayer (D)
• State Sen. Zellnor Myrie (D)
• State Sen. Kevin Parker (D)
• State Sen. Roxanne Persaud (D)
• State Sen. Jessica Ramos (D)
• State Sen. Elijah Reichlin-Melnick (D)
• State Sen. J. Gustavo Rivera (D)
• State Sen. Julia Salazar (D)
• State Sen. James Sanders Jr. (D)
• State Sen. Diane Savino (D)
• State Sen. Luis Sepúlveda (D)
• State Sen. Jose M. Serrano (D)
• State Sen. James Skoufis (D)
• State Sen. Toby Ann Stavisky (D)
• Senate Majority Leader Andrea Stewart-Cousins (D)
• State Sen. Kevin Thomas (D)
• State Asm. Chris Burdick (D)
• State Asm. Sandra Galef (D)
• State Asm. Alicia Hyndman (D)
• State Asm. Jonathan Jacobson (D)
• State Asm. Al Stirpe (D)
• State Asm. Clyde Vanel (D)

Political Parties

• Working Families Party of New York

Organizations

• Common Cause New York
• Empire State Indivisible
• League of Women Voters of New York
• Make the Road New York
• New York Civic Engagement Table
• New York Public Interest Research Group
• Stand Up America

Arguments

• Blair Horner, executive director of New York Public Interest Research Group: "Clearly, allowing voters an easy opportunity to vote through the mail is an important way to make civic participation easier in the modern age. Twenty-eight states and the District of Columbia permit any qualified voter to vote absentee without offering an excuse. New York should do the same."

Opposition

Opponents

Officials

• State Sen. Andrew Lanza (R)
• Assembly Minority Leader William Barclay (R)

Individuals

• Nick Langworthy (R) - Chairperson of the New York Republican Party

Arguments

• State Sen. Andrew Lanza (R-24): "These proposals are nothing more than an attempt by Democrats to increase their strangle hold on the state of New York. They undermine the integrity of the election; that’s exactly what [Democrats] want."

Campaign finance

See also: Campaign finance requirements for New York ballot measures

Ballotpedia identified the Yes on 1, 3, 4 PAC as supporting the constitutional amendment.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$25,500.00	$107,307.95	$132,807.95	$0.00	$107,307.95
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$25,500.00	$107,307.95	$132,807.95	$0.00	$107,307.95

Support

The contribution and expenditure totals for the committee supporting the ballot measure were as follows:

Committees in support of Proposal 4
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Yes on 1, 3, 4	$25,500.00	$107,307.95	$132,807.95	$0.00	$107,307.95
Total	$25,500.00	$107,307.95	$132,807.95	$0.00	$107,307.95

Donors

The following were the top donors to the support committee:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Make the Road New York	$0.00	$65,180.00	$65,180.00
Common Cause NY	$0.00	$22,149.82	$22,149.82
Communication Workers of America	$20,000.00	$0.00	$20,000.00
Stand Up America	$0.00	$15,748.15	$15,748.15
New York Civic Engagement Table	$0.00	$3,716.23	$3,716.23

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2021 ballot measure media endorsements

Support

• The Buffalo News Editorial Board: "Absentee ballots make voting more convenient. There is little evidence that they produce any more election fraud or errors than other ways of voting. As we’ve noted before, we’re fans of the way Colorado sends absentee ballots to every voter, encouraging participation. This proposal is a step in that direction. Vote yes."

Opposition

Ballotpedia did not identify media editorial board endorsements in support of a "No" vote on Proposal 4.

Polls

See also: 2021 ballot measure polls

New York Allow for No-Excuse Absentee Voting Amendment (2021)
Poll	Support	Oppose	Undecided/Other	Margin of error	Sample size
Siena Poll (registered voters) 6/22/2021 - 6/29/2021	55.0%	35.0%	10.0%	+/-4.10	809
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Aabsentee/mail-in voting procedures by state

The map and table below summarize existing statutory absentee/mail-in voting procedures in the states. These are the permanent rules that govern absentee/mail-in voting under normal circumstances and in the absence of temporary emergency measures.

Absentee voting and COVID pandemic

See also: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

In New York, absentee voting eligibility in the 2020 general election was extended to any voter who was "unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public." The state launched an absentee ballot request portal.

2019 election policy legislative package

The constitutional amendment was part of a seven-bill legislative package to change election policies, which the state legislature passed on January 14 and 15, 2019. The legislative package included the following bills:

• A774/S1100: create a voter pre-registration process for 16- and 17-year olds and require local boards of education to adopt policies to promote student voter registration and pre-registration

• A775/S1099: require the state Board of Elections to transfer a voter's registration to wherever the voter moves within New York State

• A776/S1101: restrict campaign contributions from LLCs to $5,000 and require ownership of the LLC to be disclosed in campaign finance reports

• A777/S1049: constitutional amendment to authorize the state legislature to pass a statute for no-excuse absentee voting

• A778/S1048: constitutional amendment to authorize the state legislature to pass a statute for same-day voter registration

• A779/S1103: combine the federal non-presidential primary and state primary elections to a single date in June

• A780/S1102: establish a nine-day early-voting period, including two weekends, before general, primary, and special elections

Path to the ballot

See also: Amending the New York Constitution

In New York, a constitutional amendment requires a simple majority vote in each chamber of the New York State Legislature in two successive legislative sessions with an election for state legislators in between.

203rd New York State Legislature

The constitutional amendment was introduced into the 203rd New York State Legislature (2019-2020).

On January 14, 2019, the New York State Assembly voted 139 to 9 to pass the constitutional amendment. Legislators who voted 'yes' on the amendment included 102 Democrats and 34 Republicans. Legislators who voted 'no' on the amendment included one Democrat and eight Republicans.

On January 15, 2020, the New York State Senate voted 56 to 5 to pass the constitutional amendment. All Democrats, along with 16 Republicans, voted 'yes' on the amendment. Five Republicans voted 'no' on the amendment.

Vote in the New York State Assembly January 14, 2019
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 76  a
	Yes	No	Not voting
Total	136	9	5
Total percent	90.67%	6.00%	3.33%
Democrat	102	1	4
Republican	34	8	1

Vote in the New York State Senate January 15, 2019
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  a
	Yes	No	Not voting
Total	56	5	2
Total percent	88.89%	7.94%	3.17%
Democrat	40	0	0
Republican	16	5	2

204th New York State Legislature

Legislators of the 204th State Legislature (2021-2022) needed to approve the constitutional amendment again to refer the issue to the ballot for voter consideration in 2021.

On January 11, 2021, the state Senate voted 50 to 13 to pass the constitutional amendment. Democrats, along with seven Republicans, voted 'yes' on the proposal. Thirteen Republicans voted 'no' on the proposal.

On May 11, the state Assembly voted 117 to 30 to pass the constitutional amendment. Democrats and 13 Republicans supported the resolution. The remaining 30 Republicans opposed the resolution.

Vote in the New York State Senate January 11, 2021
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  a
	Yes	No	Not voting
Total	50	13	0
Total percent	79.37%	20.63%	0.00%
Democrat	43	0	0
Republican	7	13	0

Vote in the New York State Assembly May 11, 2021
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 76  a
	Yes	No	Not voting
Total	117	30	3
Total percent	78.00%	20.00%	2.00%
Democrat	104	0	3
Republican	13	30	0

How to cast a vote

See also: Voting in New York

Click "Show" to learn more about voter registration, identification requirements, and poll times in New York.

How to cast a vote in New York

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times Polls are open from 6:00 a.m. to 9:00 p.m. for primary and general elections. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To vote in New York, one must be a United States citizen, a resident of the county, city, or village for at least 30 days prior to the election, and at least 18 years old by the date of the election. People who are in prison for a felony conviction and those who have been declared mentally incompetent by a court are ineligible to register to vote. One cannot register to vote in New York while claiming the right to vote elsewhere. Pre-registration is available beginning at the age of 16. Registration applications are available at the county board of elections or any agency-based voter registration center. Forms are also available online, or prospective voters can request the form by mail. Completed forms returned by mail must be postmarked at least 25 days prior to the election. The form must then be received by election officials at least 10 days before the election. A registration done in person must be completed at least 10 days prior to the election. Residents may also register to vote online through the DMV Electronic Voter Registration Application. These applications are forwarded to the board of elections; applicants should allow up to six weeks for processing. Automatic registration New York automatically registers eligible individuals to vote through a number of state agencies including the Department of Motor Vehicles, the Department of Health, the Department of Labor, and others. Online registration See also: Online voter registration New York has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration New York does not allow same-day voter registration. Residency requirements In order to register to vote in New York, applicants must reside in the county, city, or village in which they are registering for at least 30 days prior to the election. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States New York does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, voter who submits false information "can be convicted and fined up to $5,000 and/or jailed for up to four years." All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The New York State Board of Elections allows residents to check their voter registration status online by visiting this website. Voter ID requirements New York does not require voters to present identification while voting. However, if a voter does not provide valid identification at the time of registration, he or she must show identification at the polling place when voting for the first time Voters can present the following forms of identification: A current, valid photo ID, including but not limited to a drivers' license or a DMV-issued non-driver photo ID A current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and address

See also

2021 measures

• 2021 ballot measures
• Elections and campaigns on the ballot
• Suffrage on the ballot

New York

• New York ballot measures
• New York ballot measure laws
• Voting policy measures

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Bill 1049 (2019)
• Assembly Bill 777 (2019)