RBG's Passing Highlights the Problems of Representation in the US

 

Supreme Court Justice, and legal icon, Ruth Bader Ginsburg passed away on Friday, September 18, 2020.  Not two hours later, Senate Majority Leader Mitch McConnell released a statement affirming that the Senate would work quickly to confirm President Trump’s appointment.  While this is the normal course of events when filling a Supreme Court vacancy, McConnell was met with a chorus of voices labeling him a hypocrite due to his refusal to conduct a Senate hearing for Merrick Garland, President Barack Obama’s choice to replace Supreme Court Justice Antonin Scalia.  Scalia passed away in February 2016, and McConnell argued it was wrong to confirm a Supreme Court nominee in the midst of an election year.  Yet, fast forward four years and he has no qualms about confirming Trump nominee, Amy Coney Barrett to fill Ginsburg’s vacant seat, arguing the circumstances are different due to the fact that the President and Senate majority are now both under unified Republican control, while in 2016 there was divided government. 

Former Supreme Court Justice Ruth Bader Ginsburg

Amy Coney Barrett, nominee to the U.S. Supreme Court

Regardless of how one feels about McConnell’s actions, this situation draws attention to the larger problem of representation in the United States.  The Supreme Court is currently comprised of eight justices, with Coney Barrett likely to be the ninth.  Out of those nine justices, five will have been appointed by Republican presidents that did not win the popular vote in their respective elections (though Bush did win both the popular and electoral votes in his second term).  George W. Bush and Donald Trump both assumed the presidency by winning the electoral vote but not the popular vote.  Bush appointed Chief Justice John Roberts and Samuel Alito, both of whom have a more conservative slant.  Trump, in his first term, has appointed Neil Gorsuch and Brett Kavanaugh, and has now nominated Barrett (who, by all signs will be confirmed along a party line vote in the Senate).  Neither of these presidents received a majority of support from American voters on election day, but together they have shifted the Supreme Court to the right ideologically for a generation. 

Additionally, representation issues present themselves in the Senate.  The Senate is not designed to be a democratic body.  It was designed to give states equal representation in the legislative branch, as each state receives 2 Senators.  Additionally, the Senate was designed to allow cooler heads to prevail in legislative decision-making.  Partisan battles were anticipated in the House, but were expected to be calmed in the Senate, as Senators were expected to examine what was better for the country as a whole rather than what individual members of a congressmember’s district demanded.  The House of Representatives was supposed to be where public opinion was aired and taken into account.  The Senate was supposed to funnel that opinion into policy that benefited a majority of Americans. 

Yet, much is different about the Senate of 2020 than the Senate of the late 1700s.  The Senate is still composed of two Senators from each state, but the population disparity between states today is much greater than it was centuries ago.  Currently, approximately 19.5 million people live in New York state, compared to the approximate 579,000 residents of Wyoming, giving Wyoming one Senator for roughly every 290,000 residents while in New York we see a ratio of 9.75 million to one.  The disparity looks even starker when we compare the most populous state in the country, California, with a population of 39.5 million. 

 

 

California's population is equal to the states highlighted in red combined.

The above graphic highlights the representation issue nicely.  California’s weight in the Electoral College (roughly appropriate given its population size) is worth all of the states, highlighted in red, combined.  Because we dole out electoral votes to states based on their population size, we know then that the combined population of the 13 states in red is roughly equal to that of California.  Thus, California’s two Senators represent the same number of people as the 26 senators from the states in red.  When Senators are eventually asked to vote on Amy Coney Barrett’s Supreme Court nomination, the states in red have a much greater voice than the Senators in California (26 votes to 2).

Problems with misrepresentation are frustrating and inevitably lead to lowered feelings of political efficacy and often depressed participation levels in democratic society.  Luckily there are reform ideas that exist to tackle the issues associated with misrepresentation that would increase political efficacy and hopefully revive civic participation. 

Ranked choice voting has been implemented in Maine thanks to a ballot referendum initiated by its citizens.  Ranked choice voting allows voters to rank the candidates in order of preference.  After all ballots are tallied initially (counting only a voter’s first choice), the lowest vote-getter is removed from contention and their votes are allocated to their second choice.  This process repeats until only two candidates remain.  This all but guarantees that the election winner will have a majority of support within a state. 

There are multiple reform plans proposed for the Electoral College: eliminate it altogether, award votes according to a mixture of the popular vote in a congressional district and the statewide popular vote total (Nebraska and Maine use this method currently), award electoral votes according to the proportion of a state’s popular vote total, or the states can enter into a compact that promises to award all of their electoral votes to the winner of the national popular vote, regardless of the state’s popular vote totals.  Some of these are more difficult to pass than others (with some requiring a constitutional amendment) and, of course, all of them come with benefits and drawbacks of their own (a topic for a completely separate blog post). 

There are also more “extreme” measures discussed to increase representation, including adopting a multimember district system, relying on a proportional representation system instead of our current winner-take-all approach to elections, or adopting a more parliamentary system in general over our presidential system.  These are much more unlikely to garner enough public support to gain serious traction, but public opinion is starting to drive some reform efforts when it comes to bettering representation in Congress.  Electoral College reform is now met with a majority of public approval and Maine’s ranked choice voting system was driven by its voters.  Representation matters to voters.  And when they feel that they are not being accurately represented by their elected leaders, there are normally electoral consequences that follow. 

Remembering Associate Justice Ruth Bader Ginsburg

The death of Associate Justice Ruth Bader Ginsburg is momentous. A pioneer and tireless champion of gender equality, she overcame the obstacles of gender discrimination in her own life to advocate for and win basic rights for all women. The edifice of gender equality was built upon her legal arguments before the United States Supreme Court in the 1970s, arguing for the constitutional equality of women under the law. As a member of the Supreme Court she was a fierce defender of a wide range of civil liberties and rights, including the constitutional right to vote. 

Before her passing is overcome by the politics of the election and the battle over her replacement, we encourage all to take a long moment to celebrate Justice Ginsburg's remarkable lifetime of achievements and to reflect upon the lessons we might draw from her life and jurisprudence. The multitude of tributes from across the political spectrum speak to her accomplishments as well as to her joyful, gracious spirit.  

A living legend in her own time, the notorious R.B.G. seemed somehow invincible. Her passing, particularly in this political moment, undoubtedly has left many of us feeling uncertain and in in need of way to express both our sorrow over the loss of a legal icon and a shared debt gratitude. She fought the very end, and although her health failed, she never once faltered in her fearless service to the constitutional principles of freedom and equality.  

Justice Ginsburg once said that what gave her optimism about the future was young people "fired up" about the future of our country. She reminded us that "Real change, enduring change, happens one step at a time." Let us continue to follow in the benefit of Ruth's mighty footsteps. "Fight for the things that you care about, but do it in a way that will lead others to join you."

A Call to Action: Become a Poll Worker

Become a Poll Worker 

Elections are amazing. The are the opportunity for "We the People" to select our elected leaders, to show which candidates, parties, and policies we prefer, and to exercise the power of our votes. The outcomes of these elections will have profound consequences for our daily lives and futures.   

A well-functioning democracy is dependent upon fair and open elections and on the dedicated workers, everyday citizens like you, who give their time and talent to staffing the polling places on election day.  You can be a direct part of this great civic endeavor by becoming a poll worker (also known as an elections inspector). 

What kinds of tasks will you perform as a Poll Worker/Elections Inspector?

• Prepare the polling place for voting
• Set up the voting equipment
• Process the voters
• Demonstrate voting procedures to the voters
• Assist voter if requested
• Close the polling place
• Canvass and report the results

When would I need to Work? 

Election Day in November (November 3), Early Voting (October 24-November 1), and you have to  attend a training sessions.The hours of an Election Inspector are 5:30 a.m. until approximately 9:30 p.m., with 1-hour breaks for both lunch and dinner.

Will I be Paid?

Yes, you are compensated for your time. You are required to provide your own transportation to the election district to which you are assigned (you can specify in the application where you are willing to work). The rate of compensation varies by county. Erie County pays $190 for the day for inspectors, and $25 for the training. 

 Am I Qualified?

To be a poll worker in New York you must be:

• a registered voter 
• 18 years of age (16-17 year-olds may serve an assistant under supervision)  
• a resident of the county for at least 30 days
• be able to attend an annual training class, receive a passing grade on the evaluation test and  be administered the Oath for Appointive Election Officer
• able to speak, read and write the English language
• able to provide your own transportation to your assigned polling site 

You cannot be an elected official or candidate in the district where you work. You also cannot be the spouse, parent or child of a candidate who is running for office in the district where you work.

Does my Party Affiliation matter? 

The application does require you to list your party registration. This is because certain duties require that poll workers of opposing parties be paired together to ensure there is no partisan bias or interference.  

How do I sign up? 

It's easy, just fill out an application. 

For Erie County residents, you can fill out an Erie County Elections Inspector Application

There is a statewide application to be a poll worker for residents and a separate application to serve as a New York City elections inspector.. 

If you are looking for information beyond New York, you can find through the Elections Assistance Commission become a poll worker information portal. 

The Census and a Call to Action

Why it Matters and What You Can Do to Help 

The Census is a once-a-decade enumeration of the population of the United States that is mandated by the U.S. Constitution. The main purpose is to determine how many seats each state will receive in the House of Representatives and in the Electoral College. The census data is also used to identify the needs of places and people, to allocate resources and funding, and to assist in policy making decisions. 

Without a full and accurate Census, policy makers do not have the information they need to make good policy decisions. If New York is under-counted we will lose not just 1 but possibly 2 seats in Congress, along with the corresponding votes in the Electoral College.

It also means that New York would lose out on federal funding. New York’s residents and businesses send more total revenue to the Federal government than any other state and contribute more in taxes than the state receives back in Federal spending. If we are under-counted by the Census that deficit will be even worse.

As of this moment, New York is falling behind in the count (just over 52% of residents have returned their census forms). The disruption of the pandemic, political misinformation, and a hard-to-count populations have been obstacles. Now, the federal government has announced that it will be cutting back the time for a complete count by almost a full month (efforts will wrap up on September 30).

You (Daemen College Students) Can Help!

1) Know what the Census is and Why it Matters 

2) Educate Others 

A lot of people do not understand the importance of filling out the Census. It's not just a legal requirement, it is a way to help your community. 

The Census helps to determine the distribution of 

POLITICAL POWER: It directly affects the number of seats New York will receive in Congress, the number of Electors (Votes) New York has in the Electoral College (which elects the president), and the drawing of legislative districts for the next decade. 

MONEY: Over 300 federal programs use census data to allocate federal dollars to state and local governments. In 2016, just 55 of those programs accounted for $73 Billion in federal funding being allocated to New York State. 

If you can encourage or assist even 1 person to fill out their census form you will have helped secure at least $20,000 in federal program funding over the next decade. That's money for programs upon which all New Yorkers' rely, and money that would otherwise come from state and local taxes. Receiving federal funding is a way New Yorkers get back their federal tax dollars. 

If our communities are under-counted we lose both power and money. This is why it is so important to fill out the Census. 

3) Do a Census Check-In with Friends and Family (Especially those who are in Hard to Count Groups) 

The key is to understand that the government wants to know who was living at a residence on APRIL 1, 2020 (that's the snapshot date).

Make Sure You Were Counted / Returned Your Form 

If you were living on Daemen Campus on April 1 you would have been counted by the College (congregant facilities like colleges/dorms, prisons, and nursing homes are responsible for responding).

If you were living at home, your parents or head of household should have received the form. You should be included on their form.

If you were living on your own (an apartment or residence off-campus) you should have received your own form.

Double check that you or your household of residence returned a form accounting for all persons living at that address as of April 1, 2020. 

Do a Census Check-In with Friends/Family

Ask those in your circle if they filled out the form. Offer to help if they need it. Make it cool to be counted. 

It may help to know who is most likely to be under-counted: those who are hard to locate, hard to interview (communication barriers), hard to contact, or hard to persuade. If you know someone in these groups, you can do a Census check-in and offer to help walk them through the process.

This might include:

   Grandparents (who may be suspicious or wary of technology)

   Non-citizens (who may be fearful about the purpose and intent)

   Rural Residents (who lack access to internet or are hard to reach)

   Non-English speakers (who may need some extra assistance) 

This is the First Time Census is Digital

•Responses can be made
•By mail
•By Phone
•Online

If you have someone in your life who doesn’t have access to internet or knowledge of how to respond digitally, offer to help them. It only takes about 10 minutes. You can do it right from a smart phone or tablet.  Their census form (received in the mail) will have directions and a code that is unique to their household. What is easy for you might be a barrier to them. Offer to help. 

4) Help Correct Misinformation

Unfortunately, there is a lot of misinformation about the Census. The 3 biggest areas of concern are likely to be, the citizenship question, privacy, and confusion over political flyers. Here are these common misconceptions and the answers you can provide in responding to these concerns. 

Misconception #1: The 2020 Census asks about Citizenship and is a way for the federal government to identify and prosecute undocumented immigrants.

There was a proposal from the Trump Administration to put a citizenship question on the Census, but that was blocked by the United States Supreme Court. The Census does not ask citizenship status. Moreover, Title 13 of the U.S. Federal Code guarantees that Census data will not be used for these purposes.  

Under Title 13, the Census Bureau cannot release any identifiable information about you, your home, or your business, even to law enforcement agencies. The law ensures that your private data is protected and that your answers cannot be used against you by any government agency or court.

Misconception #2: The Census is Not Private

  Census data is private and confidential under federal law (Title 13 of the U.S. Federal Code)

The answers you provide are used only to produce statistics. You are kept anonymous: The Census Bureau is not permitted to publicly release your responses in any way that could identify you or anyone else in your home.

It is also important to know that the Census Bureau will not send unsolicited emails to request your participation in the 2020 Census. Further, during the 2020 Census, the Census Bureau will never ask for: 

•Your Social Security number.

•Your bank account or credit card numbers.

•Money or donations.

•In addition, the Census Bureau will not contact you on behalf of a political party.

If you don't fill out your form, however, a census taker may visit your household. This is because a full and accurate count is really important. The constitutional mandate requires that every effort be made to secure an accurate enumeration. So the Census bureau sends out census takers to assist non-responding households to complete their forms. 

Misconception #3 I received a "census-like" flyer or warnings about filling out the form. I can't trust anything related to the Census. 

Unfortunately, there were a number of misleading political flyers sent out in the weeks before the census that were designed to confuse and to give misinformation about the actual Census for political purposes. Many of these mimicked census-like format and language, were a disguised political appeal to spread disinformation about census and immigration, and/or were designed to create confusion for the actual census.  

The Census is not (and should not be) political. It is a constitutionally required enumeration of all persons residing in the United States. By trying to "trick" you into not filling out the form, these efforts actually hurt you and your fellow residents. It is another way to try to deprive individuals and whole communities of their political power and voting rights. 

The only way to ensure that New York receives its fair share of political power and federal dollars is to have a full and accurate count of all persons residing in the state. An under-count hurts everyone regardless of political affiliation or beliefs. 

We need to know how many people are actually living in our communities, so that elected officials and policy makers can make good decisions and to ensure that New York gets its fair share of federal dollars. The Census affects everything; infrastructure needs (roads, water, bridges, sanitation, internet), community and health care needs, education needs (schools and childcare), social welfare needs (poverty assistance, vulnerable communities), housing, cultural support, public safety (police, fire, emergency assistance), environmental and natural disaster funding. 

Responding to the Census is the law, and it is good for your community. 

5) Register to Vote and Vote! 

The Census Count Affects Political Redistricting for 2021-2030. 

Census data is also used for redistricting federal congressional, and state and local voting districts. Another reason that we need an accurate count is to make sure that the political boundaries which will be used for the next 10 years accurately reflects the distribution of the State's population. 

Voting sometimes seems like a less "sexy" way to be politically active than politically protesting. Many people think their 1 vote does not really count. Here's one fact to consider: "By 2019, Millennials are projected to number 73 million, overtaking Baby Boomers as the largest living adult generation." Voters in this generation have the power to remake the political landscape just turning out to vote. 

Use your power. Be counted. Vote. 

Here are a Couple of Additional Resources for you:

Responding to the Census

New York Counts 2020

VOTING 101: A blog with answers to all of your questions about voting in NYS

 

Registering to Vote, Early Voting and other Election Law Changes

The History & Political Science Department encourages all students, faculty, and staff to exercise their political and civil rights by registering to vote and participating in the electoral process. In the meantime, here is some quick information to help you understand voting in New York State with some important updates.

The 2020 General Election is November 3, 2020.
The last day to register to take part in this election is October 9, 2020 (25 days in advance). 

Registering to Vote

How do I check if I'm already registered to vote or not? 

You can look up your voter registration information with the New York Board of Elections. 

How to I register to Vote? 

New York Voter Registration forms are always available through the New York State Board of Elections online in both an English Version Voter Registration Form and a Spanish Version Registration Form. You can also pick up a paper voter registration form in the History & Political Science Department. Just stop by DS 139 and ask for a blank voter registration form: we are always happy to help you with any questions you might have about the voting registration process.

Alternatively, you may register to vote through the DMV voter registration website if you have an account (i.e. drivers license or automobile registration).  

Am I Eligible to Vote? 

In order to vote you must: 

• be a United States citizen;
• be 18 years old by December 31 of the year in which you file this form (note: you must be 18 years old by the date of the general, primary or other election in which you want to vote); 
•  live at your present address at least 30 days before an election; 
•  not be in prison or on parole for a felony conviction; 
•  not be adjudged mentally incompetent by a court;
•  not claim the right to vote elsewhere (or vote elsewhere).

At what address should I register? 

If you are a college student, you may register at either your local college address (provided you will have lived there for at least 30 days before the election) or at your home-town address. The address at which you are registered to vote will determine your polling place on election day.  

So, if you want to vote at a polling place near Daemen you should register using your local (Erie County) address or fill out a change of registration card by the registration deadline. If you register to vote at your home-town address, you will need to request an absentee ballot (or travel home to vote). For example, if you are currently registered to vote in NYC and are not able to travel back to cast your ballot then you will need to apply for an absentee ballot, or change your registration to your college-residence address. 

What do I do with my completed voter registration form? 

Once you've filled out and signed the form you should then mail it to the county board of elections (county in which you are registering to vote). In Erie County, the address is: 134 West Eagle St., Buffalo, NY 14202.  You can look up the addresses for other New York county Boards of Elections. 

What is the deadline for registering to vote in the 2020 General Election (November 3, 2020)? 

Voter Registration forms must be postmarked no later than October 9, 2020 and received by a county Board of Elections no later than October 14 in order for you to be eligible to vote in the General Election on November 3. If you register at one of our registration tables on campus, the H&P Department will mail your form in for you. 

You may also register in person at the Erie County Board of Elections on 134 West Eagle St. in Buffalo or at any Department of Motor Vehicles (DMV) up to October 9, 2020.

What happens after I mail in my voter registration form? 

Once the board of elections has received the form, they will process the registration and you will receive your voter registration card in the mail (at the address you listed on the form). If you registered through the DMV website, it may take a little longer for the board of elections to receive the transfer of information and process your registration. 

Your voter identification card will list the polling location where you must report to vote based on your registration address. If you misplace the card, you can look up your voter registration information with the New York Board of Elections. 

I already registered, how do I change or update my information/address?

New York recently passed laws to make your voting registration more portable with electronic voting rolls/database. But it is still a good idea to always fill out a new voter registration form when you move. You can update or change your name or address at any time simply by filling out a new voter registration form and mailing it, same as above, to your county Board of Elections. You can also fill out a new form to change your party registration, but please note that in New York, party membership changes will not be processed until after the next general election (see below).

Should I register as a member of a political party (i.e., declare party affiliation)?

In New York you may only vote in a political party's primary (nominating) elections if you are a registered member of that political party. So, if you want to vote in the primary elections, you should select the box to register for the party in whose primaries you wish to regularly participate. This is Box 14 of the voter registration form. Checking a box means that you will be recorded as member of that party and will be eligible to vote in that party's primary elections (and only that party's primary elections).  

If you do not wish to affiliate with a political party (i.e, you want to be registered as an independent), you should check “No Party” at Box 14. New York law currently does not let unaffiliated voters participate in partisan primary elections. Be aware that New York has an organized “Independence Party” -- if you check that box it does not mean you are registering as an independent, it means you wish to be a registered member of the Independence Party.  

The board of elections provides more information on changing your party registration. 

If I register with a political party does that mean I’m stuck voting for their candidate in the general election?

No.  Registering as a member of a political party only affects your eligibility to vote in that party’s partisan primary elections (these are intra-party elections that are held before the general election in which the party members decide which candidate to nominate). In a primary election, only registered members of that party can receive the party’s ballot and may vote on which person they want to be the party’s nominee.

Declaring partisan affiliation does not in any way affect which candidate or party you may vote for in the general election. In the general election, everyone receives the same ballot with the candidates of all parties listed. You may vote for whichever candidate/party you prefer for each race in the secrecy of the ballot box. You may vote a so-called straight ticket (vote for all of a particular party’s candidates) or split your ticket (cast a vote for which ever candidate you like best for each office – i.e. vote for the Republican candidate for some offices and the Democratic candidate for others). 

Absentee Voting 

I'm not able to go to my polling place on the day of the election, how do I vote by Absentee ballot?

If you know that you will not able to report to your registered polling place on election day for any of the reasons listed below, then you will need to request an absentee (mail in) ballot in advance (see above). Information on requesting an absentee (mail-in) ballot, along with the absentee ballot request form. The completed absentee ballot application must be mailed to your county board no later than the seventh day before the election or, if delivered in person, no later than the day before the election.

For the November 3, 2020 General Election, the last day to postmark your absentee ballot request is October 27, 2020. The last day to make an in-person absentee ballot request is November 2.

If you are filling out a new voter registration form (i.e., registering for the first time) you can simply check the box on Item 15 in order to have an absentee ballot application sent to your local address.

New for the 2020 General Election 

You are eligible to vote absentee if you are: 

• Absent from your county or, if a resident of New York City, absent from said city, on Election Day.
• Unable to appear at the polls due to temporary or permanent illness or disability; or because you are the primary care giver of one or more individuals who are ill or physically disabled.
• A patient or inmate in a Veterans' Administration Hospital.
• Detained in jail awaiting Grand Jury action or confined in prison after conviction for an offense other than a felony.
• prefer to vote by mail rather than in person due to the COVID-19 pandemic
• on active duty in the uniformed service or an eligible spouse or dependent of such individual
• a US citizen living outside the country
• a voter with special needs and require a special ADA compliant ballot

Daemen students who are registered to vote outside of Erie County should check "absent from county" when filling out your absentee ballot request form. The county board of elections will process the request and mail you an absentee ballot at the address you indicate on the request application.

In response to COVID-19 New York has enacted legislation that allows all New York State voters to vote by absentee ballot using the "temporary illness" cause. You may apply to vote by absentee ballot more than 30 days ahead of the election; and Boards of elections will now process absentee ballots received in their office up to the the day after the election that do not have a visible postmark date.

Erie County has also set up a new absentee voter portal!

This is now the most efficient way to apply for an absentee or mail-in is by using our on-line portal. This avoids transcription errors and the necessity and delays accompanying the sending of your request through the mail. You will receive immediate confirmation of your request. This portal will remain active for requests through 11:59 pm on October 27,2020.

You may check on the the status of your absentee ballot (whether your request or returned ballot has been received).

Returning your Absentee Ballot 

If you requested an absentee ballot, the ballot itself will be mailed to you at the address you listed on the application form. Do not expect to receive the ballot until after September 18. That is because the elections boards cannot print and send them out until the date for certifying the ballot has passed. 

You must mark and return the ballot to actually cast your vote. You can either mail it back, or drop it off in person: 

• Absentee ballots must be post-marked by November 3 (if returned by mail). It must be received by the board of election by November 10. If you can mail it early, you probably want to do so, just to be extra sure it reaches the board of elections by the deadline. If the post mark is missing or blurred, your ballot will still be counted as long as it is received by the board of elections by November 4. 
• You also have the option of returning your absentee ballot by dropping it off at an early voting site during the 9 days of early voting (October 24-November 1), or by returning it to any polling place on election day (November 3). 
•  If you cannot pick up your ballot in person, or will not be able to receive it through the mail, you have the right to designate someone to pick it up and return it for you. Only the person who is designated on your absentee ballot application may pick up and deliver your ballot in person.

Should I be worried about sending my ballot by mail? 

Generally speaking, no. Absentee (or voting by mail) is both secure and convenient. New legislation in New York requires all ballots received by the BOE up to the day after the election to be counted, even if the postmark is missing or illegible. Ballots that are postmarked by November 3 will be counted if received by the county board of elections up to 7 days after the election. 

There have been changes at the USPS recently, however, that have led to legitimate concerns about mail delivery being slowed down or delayed. Additionally, new rules and the anticipated higher volume of absentee votes puts extra burdens on the county boards of elections to verify and count them. It may be prudent this cycle, to mail your ballot as early as you can and not wait until the last minute, just to be extra sure. This is especially the case for absentee voters in NYC since the city has the highest volume of ballots to process. 

Also, make sure that you follow the instructions on the ballot exactly. Failure to do so will disqualify your ballot, and/or may require a follow-up by the board to verify before it can be counted.  Make sure you follow the instructions, including signing the right spot on the back of the envelope and return only your ballot (not the instructions) in the envelope. 

If you do not want to worry about voting absentee (which does require the steps of requesting a ballot and then returning the actual ballot by mail), please remember that there is early voting.  You can also can make an in person request and return your ballot directly to your county board of elections, or drop it off an an early voting site during the 9 days of early voting, or at any polling site on election day.

Voting: How do I cast my ballot and how does it all work?

Early Voting in New York

For the 2020 General Election (November 3), the early voting period is October 24, 2020 to November 1, 2020. 

Note: There is no early voting on November 2 (the day before the election). This is so the board of elections can get all polling places ready for November 3.

Early voting works a little differently. To vote early, you must report to a designated early voting site, the location and hours of which will be determined by each county. So, you will want to check the board of elections website for the county in which you are registered to vote. Erie County will have 37 early voting sites during the early voting period.

The hours for early voting (all Erie County locations) are: 

Monday-Friday Noon-9pm

Saturday-Sunday Noon-6pm

The process of actually voting is simple—you will have to sign the poll book (which may be a paper book or electronic). You will receive a ballot and instructions on how to submit your ballot in the available scanner. There will be a sample ballot posted you can refer to before receiving your official ballot and casting your vote.

To vote early you still must be registered to vote. The voter registration deadline is October 9, 2020. You do not need an excuse to vote early in the general election – it is an option for your convenience. Please note: there is no early voting on the day before the election (November 2). 

Time Saving Tip: When early voting, if you take your voter registration card with you, they can use the barcode on the back to more quickly retrieve your voter registration information in the electronic rolls. The early voting sites will not, in most cases, be your regular polling site. Erie county has 37 early voting sites.

Is my early voting ballot counted early? 

No, your ballot will be counted along with the ballots cast on November 3. You only get to vote once—if you vote early, you have cast your ballot and do not get to vote again or “change your vote” by voting on election day.  

What if I run into a problem trying to vote early?

As on election day: if, for any reason, you are told you are not registered or eligible to vote, you may ask for a provisional (or affidavit) ballot—this allows you to cast a provisional vote. The Board of Elections will review your registration and qualifications and, if it is determined that you are in fact entitled to vote, your provisional ballot will be counted. If they determine that you are not entitled to cast a vote, they will destroy the ballot. 

If I voted early but change my mind, can I vote again on election day?

You legally only get to cast a single vote in any election. If you voted early, you have cast your vote and cannot vote again on election day. 

If you requested an absentee ballot and did not receive it or did not mail it in, you can go the polling place during early voting or on November 3 and cast an in person vote.  

But, if you completed and mailed an absentee ballot, there is no need to vote in person. If you do, only the in person vote will be counted. All absentee ballots signatures are compared to poll book signatures from early voting and Election Day and any voter who voted in person will have their absentee ballot disqualified.  Double voting or illegally voting is a crime in New York State. It is also a waste of your time and state resources -- they have strict verification procedures to ensure there is no double voting or attempted voter fraud. 

If you do have a specific worry/question about your absentee ballot being received or think you erred in correctly filled out, I recommend that you contact the board of elections directly. They will advise as to whether it is appropriate for you to vote in person or can help you fix/verify your absentee ballot. 

Whichever way you decide to vote (by absentee, early, or on election day), you should plan on voting only once and doing correctly. For absentee voters, that means, take the time to fill in your absentee ballot correctly, mail it with extra time to spare, and use the track ballot function. 

Voting at the Polls on Election Day 

Election Day Voting: How do I vote in Person?

To vote in person on election day, you must report to the designated polling place for the address at which you are registered to vote. If you misplace the card, you can look up your voter registration information with the New York Board of Elections. 

In New York, POLLS OPEN AT 6 AM - CLOSE AT 9 PM on election day.

I have never voted before, what can I expect? 

There will be trained poll workers to assist you at the polling place. Generally, there is a line/table with poll workers where you check in. The voter registration check-ins are sometimes divided by precinct—your precinct number is indicated on your voter registration card. If you do not know it, just tell the poll worker where you live (the address at which you are registered to vote) and they will tell you which table at which to check-in. The poll workers will check the voter registration rolls/poll book for your name.

Once you are verified as properly registered (i.e. you are listed in the voter roll), you will be asked to sign the poll book (electronic) and will be given a ballot and necessary directions by the poll workers as to the voting process.

Erie County uses a DS 200 ballot scanner. You will be given a paper ballot (usually in a privacy folder) and directed to booth or area where you complete the ballot in privacy behind a cardboard screen.  You will then feed the completed paper ballot into a scanning machine in order to have it counted.  A poll worker will be standing by in case you have any trouble with the machine. There is a how to vote video and information about various voting equipment available for your review. If you encounter any difficulties, just ask a designated poll worker for assistance. 

Do I need photo (or other) ID to vote? 

First time voters are recommended to bring ID to the polls as some election inspectors will verify ID for first time voters. They will be looking for a signature match to your voter registration form. New York does not have a voter ID requirement but it does not hurt to have some form of ID with you when you go to the polls in the event your identity, signature, or eligibility is challenged by a poll worker. 

What if I am turned away at the polls or told I am not registered to vote? 

If, for whatever reason, a poll worker tells you that you are not eligible to vote and you believe that this is an error and that you are lawfully entitled to vote, you may ask for a provisional ballot (sometimes called an affidavit ballot).  

Provisional ballots (aka an affidavit ballot) are set aside until the Board of Elections clarifies your eligibility/registration status. If it is determined that you are legally entitled to vote, your ballot will be counted.  If it is determined that you are not eligible/properly registered, the ballot will be destroyed.  

You will be asked to fill out/sign an affidavit as to your eligibility/status when casting a provisional ballot.

Is there anything else I should know about going to the polling site?

Polling places will usually have a sample ballot posted near the entrance or registration desk. If you want a chance to study before you receive your official ballot, ask if there is a sample ballot you can look at prior to getting in line to vote.

New York prohibits electioneering in and around polling places, so leave any campaign paraphernalia behind and do not wear clothing with partisan labels, slogans, or candidate names into the polling place to avoid being asked to leave. There are sometimes partisan poll watchers present. These are members of a political party who observe voting for procedural irregularities or equipment issues. They should not interfere with your casting of your ballot. If anyone approaches you or challenges you, ask to speak to a poll worker and/or the poll supervisor. If you go with a buddy, you cannot fill out your ballots together. If another voter asks you for help with voting, direct them to speak with a poll worker.

Also, you should not take voting selfies or pictures with your cell phone near or around the voting machines or in the check-in area. It is both the law, and considerate to other voters. Some polling places do have cool stickers that say "I voted" -- slap your sticker on and take your selfie after you've left the polling place.

What if I'm working on Election Day? 

New York does not allow voting by absentee ballot due to your work schedule, but it does entitle all workers who do not have at least four consecutive hours free during the period in which the polls are open, to take time off of work (without a loss of pay for up to two hours) in order to vote. Please note that the law requires that you notify your employer and verify eligibility at least 2 days (but no earlier than 10 days) before election day.  You can read the law here and should consult with your employer.

Alternatively, you can take advantage of the early voting period!

Protecting Victims of Domestic Violence

New York law allows victims of domestic violence who obtain a court order from NY Supreme Court, Family Court or County Court in the county where they are registered to have their voter registration record kept separate and apart from other registration records and not be made available for inspection or copying by the public or any other person, except election officials acting within the course and scope of their official duties. Under a separate section of the law (11-306), you can also be excused from going to your polling place to vote and get a special ballot. For further information, you should contact your local board of elections for their confidential registration and special ballot procedures.

This blog is all about New York. What if I'm an Out-of-State Resident/Voter? 

If you are not a New York state resident, you may register to vote by completing the National Mail Voter Registration Form. You may also contact your State's board of elections for state-specific information on registration and absentee voting rules in your state of residency. 

You can also find more information on Military and Overseas Federal Voting. 

Still have questions?

Feel free to stop by the History & Political Science Department for help (or email lparshal@daemen.edu). We're always happy to answer your question or to direct you to the right place to get the right information.  And remember, you can always contact the NY State Board of Elections, or the Erie County Board of Elections, directly for voter registration assistance. 

 

 

Law and Change

Among the biggest topic of discussions for pre-law advising are ongoing changes to the law school admission process and the administration of the LSAT (Law School Admission Test). Starting with the July administration, the LSAT is moving to an all-digital format. July administration sites will be randomly assigned either the traditional pen-and-paper exam or the digital exam (administered on a Surface Pro tablet). Digital test-takers will be given scratch paper and a pen-stylus) and a brief orientation on how the tablet and its functions. The writing sample process has also changed and is now administered by LSAT Writing is a proctored, on-demand writing exam that is secure proctoring software that is installed on the candidate’s own computer.

Starting with the September 2019 test administration, there are now limits on how many times individuals may take the LSAT (no more than 3 times in a single year or five times within the current and five past testing years, and no more than 7 times over a lifetime). Additionally, any person who scores a perfect (180) within the current and five-year period is not permitted to retake the exam. These limitations are not retroactive and can be appealed for exceptional circumstances.

Among the other changes to the law school admission process is the importance of the non-required application materials (interviews, addenda, and points of contact) and the increasing expectation for applicants to address why law school (and why now) as well as how they expect to use their legal training – all of which make the non-LSAT part of the application process increasingly important.

Changing too, is the way in which law schools deliver their curriculum with an increasing focus in many on the development of practical and experiential training so that law graduates are client and practice ready. This shift in focus makes in even more important that students come into law school with a broader base of knowledge and strong skills in reading, writing, and critical thinking. Law schools are additionally recognizing the need for greater support of law student (and attorney) well-being. Law is a competitive and demanding profession and more law schools are providing more student support (a factor that applicants should add to their list of considerations when applying to law schools).

What has not changed is what law schools are looking for in prospective applicants. There is no single pathway or major that is desired by way of undergraduate preparation. Indeed, surveys of law school faculty continue to rank majors like English, Philosophy, History, and Political Science higher than pre-law or legal studies (i.e., law-oriented majors) in terms of desired undergraduate preparation. What law schools desire most are students with strong writing skills, strong analytical abilities, the ability to closely-read text, and excellent time-management. Increasingly, admissions recruiters are interested in life-experience and diversity of interests and academic backgrounds which is why more schools are accepting the GRE in lieu of the LSAT to attract more STEM-major applicants, and why non-traditional applicants, or those who have gap-years with employment and professional experience, are attractive applicants.

Bringing it Back to Daemen

Whatever you major, pre-law advising offered through the History and Political Science Department, can help you navigate the application process and point you toward helpful resources. Career Services offers substantial support in building your resume, interviewing, and self-promotion (marketing) skills. You can find information and links about the law school application process, items of interest (including LSAT workshop, prep courses, and discount offers) and a variety of useful links on the Daemen College PLSA website: https://sites.google.com/a/daemen.edu/daemen-college-pre-law-student-association-plsa/.  You can join the PLSA through DC Link or Daemen Connect for information about the club and its related activities.

Reflections from the ICON-S and the National/International Context

When public law scholars convened at Pontifical Catholic University of Chile in Santiago last summer for the ICON-S, the International Society of Public Law’s, annual Conference -- one of the largest gatherings of international legal scholars from a range of academic disciplines (political science, law, history) -- the conference centered on an overarching question, what is the role of “Public Law in Times of Change?” The theme recognized the unique challenges confronting democratic regimes committed to the rule of law given global political developments, including the rise of populist nationalism and authoritarianism around the world. Is constitutional democracy under threat, why are so many nations experience grappling with constitutional crises? What role does the legal community play in preserving the rule of law and ensuring democratic health? Public law, which includes the branches of both constitutional and administrative law, has always grappled with these “big questions,” but consensus is growing that the questions are increasingly urgent and the role of legal scholars in helping to shape democratic reality is more important than ever.

The theme secondarily captured the evolving landscape of public law as experts shared key research findings on a wide array of constitutional topics and engaged in robust debate. Public law encompasses both legal theory and political practice, engaging with issues of key significance in both the legal and political systems. The depth and breadth of contemporary legal scholarship, encompassing new methodologies, positivist and post- philosophical approaches, was on full display as leading experts addressed how to adapt both the study and practice of law to contemporary needs and expectations.

Bringing it Back to Daemen

The ICON-S Conference perfectly demonstrates why a liberal arts education, including training in History and Political Science, is vital to democratic and political health. Law and legal systems do not exist in a political or social vacuum. Many students gravitate toward law as an avenue by which they can help change the world. To shape the world, you must first understand it – and Daemen offers majors which can give you a solid foundation of knowledge and multiple pathways into a law or law-related career.

Daemen PSC & HST Students Visit Iowa - Days 2 & 3

After learning about Iowan politics during our private tour of the state capitol with an Iowa Representative on day 1, our second and third days in Iowa were spent attending several Democratic presidential candidate rallies and a forum on democracy.  By attending the various town halls, community events, and the forum, we were able to get a glimpse of what it is like for Iowa voters preparing to caucus on February 3 for their favorite candidate.  Because Iowa is a smaller state (population roughly 3 million people) and they vote first in the nomination season, Iowa voters understand their importance in the nomination process and expect that candidates will spend a lot of time introducing themselves, shaking hands, and taking selfies with them.  As you will see, candidates in return, are happy to oblige. 

Senator Amy Klobuchar's "Amy for America" Campaign Bus

Waiting for Mayor Pete Buttigieg to take the stage

Caucuses are vastly different from primaries--and Iowa is even a bit different among the various caucus states.  In a primary, a voter simply shows up to their polling location, fills out their ballot, and turns it in.  In a caucus, a voter shows up at a specified time (say 7:00 pm) and settles in for a few hours of speeches (from campaign surrogates, grassroots volunteers, and activists) and then votes.  And in Iowa, the way voting happens is even different.  Instead of filling out a paper ballot, voters literally vote with their feet.  Voters gather in their predetermined precinct location and listen to various surrogates, volunteers, and activists talk about why their candidate is the best.  Then, after the speeches, the voting begins.  There are signs posted throughout the room in which voters are gathered and in order to vote for a candidate, voters stand in their candidate's location.  After everyone is in place, the voters are counted.  If a candidate fails to attract 15% of the vote, they do not reach "viability."  Any voters supporting a candidate that does not reach viability can either vote for their second choice or they can go home.  This process continues until all candidates left have achieved viability.  Once all candidates have achieved viability, the votes are officially tallied across all the precincts in the state (currently there are 1, 681 caucus precincts) and a winner ultimately emerges.  Complicating this even further is the fact that between the various rounds of voting, all of the voters are working at convincing the supporters of candidates who have failed to achieve viability to support their candidate.  So, for example, should Amy Klobuchar fail to reach viability, all of the supporters of all the other candidates will be working on convincing the Klobuchar supporters to vote for Sanders, Buttigieg, Warren, or Biden instead. 

Listening to Vice President Joe Biden at his community event in Indianola, Iowa on 1/18/2020

Mayor Pete Buttigieg at his town hall in Council Bluffs, IA on 1/18/2020

Due to the nature of how voting actually happens in the Iowa caucuses, candidates try to ensure that their supporters are fully informed about their positions, their plans, and have a good idea of their character.  The candidates know that on caucus night, voters are expected to appeal to supporters of candidates that fail to achieve viability.  This is why candidates make several trips to Iowa and why they spend as much time as they do shaking hands and taking selfies.  These personal touches may make a huge difference on caucus night.  With a strong showing in Iowa (preferably a first place showing!) a candidate can then expect an increase in media attention as well as campaign donations. 

Tysai Washington and Sam Williams (R-L) with Joe Biden after his event in Indianola.  

Our whole group with Pete Buttigieg after his town hall in Council Bluffs.  

Our group with Elizabeth Warren after her town hall in Des Moines.  

After attending a few individual rallies (so far we have seen Biden, Buttigieg, and Warren) we were able to attend a forum entitled, We the People: Protecting Our Democracy a Decade After Citizens United.  (For anyone interested in the forum, it was recorded and can be found here: https://www.c-span.org/video/?468160-1/democratic-presidential-candidates-speak-we-people-2020-forum-iowa). At this forum, candidates were asked to address issues surrounding democracy, specifically focusing on the problems associated with money in politics.  Citizens United refers to the 2010 Supreme Court case, Citizens United v. Federal Election Commission in which the U.S. Supreme Court ruled that independent expenditures related to political campaigns by corporations could not be restricted, as this would be a violation of their First Amendment Rights.  A total of six candidates appeared at the forum.  Andrew Yang, John Delaney, Elizabeth Warren, and Amy Klobuchar attended in person, while Pete Buttigieg and Deval Patrick appeared via Skype.  

Candidates at the We the People Forum (From Top to Bottom:
Elizabeth Warren, Deval Patrick, Andrew Yang,
Amy Klobuchar,Pete Buttigieg, and John Delaney).

 At each of these events, students have not only learned about the candidates running for office, but they have also learned a great deal about how unique Iowa is in our presidential nomination process.  They have been observing the power of retail politics--something we do not get to see much of in New York.  They have also been learning about how seriously Iowa residents take the nomination process and how closely they are actually paying attention.  We have spoken with some of the voters in the crowds at these events and everyone we have spoken with has been to multiple events from a variety of candidates.  Iowans take their first-in-the-nation role seriously and genuinely try to learn about the candidates through traditional retail politics.