The big election is over, but fiddling round with how the vote is cast and safe guarded is far from over. New York Democrats continue to whittle away at election integrity.
The Democrat-led New York State legislature passed bills last year (S610/A7243) authorizing the state board of elections to establish protocols for absentee ballot drop-boxes. The Governor waited until a few weeks after the election to sign the bill into law.
This is a classic example of New York ‘fixing’ a problem with a law where no problem exists and, indeed, some think this could pave the way for election/ballot security issues.
Several states saw ballot boxes set on fire during the last election cycle. Ballot vandalism raises obvious security concerns over the locations and integrity of ballot drop boxes.
It doesn’t take a giant leap to see that ballot drop boxes placed in outside locations could be sabotaged. If someone wanted to sway a close election, it wouldn’t take a big calculation to figure which drop boxes in which neighborhoods, if destroyed, could make the difference. One California Congressional race in this last cycle was won by a mere 187 votes. Someone might be able to vandalize that many votes in just one drop box.
South Shore Press spoke with election lawyer, Joe Burns, partner at Holtzman Vogel, to get his take on the introduction of absentee ballot boxes in New York State.
SSP: What does this new law do?
Burns: It doesn't get too specific. It simply requires the state board of elections to establish regulations for absentee drop boxes. I think a lot of the details on what's required, how it's to be secured, what types of boxes are authorized, and where they can be placed and for what hours is still unknown. We will have to see what the board eventually adopts.
SSP: When will we see the first ballot drop boxes?
Burns: Before long, discussions will start at the state level but it could be a lengthy process. Anyone around when we were transitioning from lever machines to optical scan machines knows that these things can take awhile. And, given the nature of the board, where it's bipartisan, two Republican and two Democratic commissioners, you need to have bipartisan agreement.
SSP: Once the state agrees on the rules, do all of the Counties have to have absentee ballot box locations?
Burns: No, having drop boxes is optional. Each County has one Republican and one Democratic commissioner and both would have to agree to have drop boxes.
SSP: This is billed as an ‘increasing voter access’ issue. Does it substantially broaden voter access while not sacrificing ballot integrity and safe-keeping?
Burns: No. Unless the boxes are going to be inside of a bank or some other very secure and guarded place, having an unmonitored absentee ballot box opens the door to a lot of mischief occurring. I wonder if in light of some of these stories coming out of the 2024 election with drop boxes, if you're going to see commissioners of both parties be reluctant to allow them.
SSP: The law cites “convenient alternative option to submit their absentee ballots” as a benefit. It is inconvenient to vote in NY?
Burns: Given the fact that anybody can already mail their ballot, drop it off at a board of elections, drop it off at a polling site on Election Day, or drop it at an early voting site, I’d say that New York has already made it exceptionally convenient to cast an absentee ballot. Adding unsecure drop boxes only increases ballot vulnerability.