This Op-Ed appeared in the Gotham Gazette on July 18, 2020
We should never have to decide between public health and democracy. We must have both.
We hoped that voter suppression was a thing of the past, and yet it is still present not just in the South but in the South Bronx and across the country.
We are witnessing a public health and democratic crisis that must be addressed immediately—otherwise, lives will be taken as electoral gains are also stolen.
In short, the coronavirus crisis has cast a light on the deteriorating health of American democracy, and it’s time we act urgently.
In the midst of a global pandemic, state and local governments have had to adjust the way voters participate in elections to minimize transmission of COVID-19 and keep people safe, including using early voting and mail-in ballots so that people have options to cast their vote.
However, the past few months have shown that our electoral system is still in dire need of repair. The fact that it is taking weeks to count ballots in the South Bronx, for example, does not bode well for upcoming elections—the most important of which is defeating Donald Trump in November.
In Pennsylvania, tens of thousands of voters received their ballots in the mail after the election had passed. Baltimore residents had to wait more than a week longer to receive their ballots than residents of the other parts of Maryland. More than 1,000 voters in New Mexico were disenfranchised because their mail-in ballots arrived too late to be counted on Election Day.
In Georgia, tens of thousands of voters had yet to receive their ballots by mail on the day before the primary election, and more than 10% of in-person polling places in the state had been closed, forcing many voters to wait for hours in line at those sites that remained open.
Unfortunately, in New York’s June primary elections, we saw more of the same—delayed or missing ballots causing the disenfranchisement of people unable to leave their homes due to health concerns; polling places closed or moved without explanation; lifelong Democrats told to submit an affidavit ballot because their party status was somehow in question; voters forced to wait hours in line in the midst of a pandemic.
There were just under 800,000 absentee ballots sent out by the New York City Board of Elections and more than 400,000 absentee ballots returned by voters. However, we still have no clarity on the actual number of people who never received their ballots or received them late, nor the actual timetable of when the ballots were mailed out in the first place.
We also still don't know why the top voting Black polling place in my Assembly District (the 79th) was moved nor why several of our polling places were opened late nor why so many persons were only given presidential primary ballots nor why so many largely Black polling places have two-hour-plus lines due to insufficient equipment and scanners going down. Some may call these all innocent errors, but there's simply too much consistency to ignore, too much likely intentionality to overlook.
When the government needs to contact us to collect money, the mail system works seamlessly. However, from delayed stimulus checks earlier this year to now delayed ballots, we are not helping our fellow Americans to recover and exercise their right to participate in our democracy.
Simply put, it is unacceptable that untold numbers of Americans are being asked to literally risk their lives to participate in the electoral process because of the inadequacies of the vote-by-mail system and boards of elections.
I am proposing the following set of remedies.
First, all poll workers must receive non-partisan training, be treated as skilled employees with approved certification, and have no connection to any candidate or campaign. Moreover, the leadership and staff at boards of elections should always be independently appointed.
Second, there must be a public schedule that explicitly sets forth when ballots should be received by voters in the mail, ensuring some degree of government accountability. In addition, there must be a tracking system to notify voters of ballot distribution and arrival, just as there would be for any package purchased online.
Third, if someone is found to have participated in voter suppression, he or she must be immediately referred to the New York State Attorney General for investigation.
Fourth, we must ensure that devices at polling places are able to identify a voter who lives within that site's jurisdiction so that people are not unjustly turned away from their polling site or forced to submit an affidavit ballot.
Fifth, the public must be given transparency as to why a person is asked to vote by affidavit ballot or has had their ballot invalidated. My team has identified several hundred affidavit ballots that were initially deemed invalid, many for simply undemocratic reasons such as a person who is confirmed by the Board of Elections to be a Democrat had their ballot invalidated because they didn’t check a box for why they were voting by affidavit. What if the person didn’t know why they were being forced to vote affidavit or the poll worker didn’t actually have a reason?
Sixth, there must be emergency allocations for local boards of elections and postal services to have sufficient capacity prior to the election. In the event that legal action is required in the 15th Congressional District -- or elsewhere -- to review the election results, that election should not be certified until the legal action is resolved. This should be the standard across the board.
Seventh, wherever possible, a public hearing and approval process must be established prior to moving a polling site.
It pains me to think that this undemocratic process has occurred over the course of many decades. Anyone who has contributed to the intentional disenfranchisement and suppression of voters should be ashamed, as your silence has led to the voices of New Yorkers not being heard.
If you voted by affidavit or absentee ballot, you should demand an immediate answer as to whether your ballot has been deemed valid and counted in this electoral contest. Tens of thousands of New Yorkers are thinking right now that their vote was counted, but unbeknownst to them, and for some undisclosed reason, their ballot was in fact voided.
We should not have to sift through countless reams of paper to discover that New Yorkers—especially those in low-income, Black and brown neighborhoods—are being unfairly disenfranchised and suppressed.
The reforms outlined above are necessary because these issues are not theoretical. A recent study found that Wisconsin’s decision to hold an in-person election in April led to a substantial spike in coronavirus infections. In other words, these election-related issues are a matter of life and death. If we’re going to offer the early and mail-in voting that we should, it must work, and work well, to ensure that New Yorkers and all American voters have their right to vote protected and ensured.
As I continue to cry and mourn the loss of Civil Rights icon Rep. John Lewis, whom I had the honor to meet several times and bestowed upon me one of his final endorsements, my spirit reflects heavily on one of his many profound sayings: "If you see something that is not right, not fair, not just, you have a moral obligation to do something about it." As we enter the fourth week after our election with so many unresolved problems, I'm writing this because we have a moral obligation to end the voter disenfranchisement and suppression that occurs across New York State and this country.
Countless numbers of our ancestors marched, bled, and died for the inalienable right to vote. We shouldn’t have to risk death to vote again.