Attorney General James Issues Guidance for Voters Ahead of November General Election

 

AG James Reminds Voters of Their Rights at the Polls, Offers Tips to Protect Against AI Misinformation, and Provides Resources to Help Voters Cast Ballots Free from Fear, Intimidation, or Interference

OAG Election Protection Hotline Will Be Available During Early Voting and on Election Day; Voters Experiencing Problems Can Call (866) 390-2992 or Request Assistance Online

New York Attorney General Letitia James issued guidance reminding New Yorkers of their voting rights and key election information ahead of the start of early voting in the November 2024 general election. With early voting beginning statewide on Saturday, October 26th, Attorney General James highlighted critical deadlines, outlined voters’ rights in the polling place, and provided tips to New Yorkers to protect against AI-generated election misinformation. Attorney General James also sent a letter to local Boards of Election (BOEs) and law enforcement agencies reminding them of their responsibility to prevent voter intimidation and safeguard voters’ rights.

The Office of the Attorney General (OAG)’s Election Protection Hotline will be available to troubleshoot and resolve a range of issues encountered by voters from Saturday, October 26 through Wednesday, November 6. New Yorkers can contact the Election Protection Hotline by either calling (866) 390-2992 or submitting a complaint online. 

“Every New Yorker should be able to vote easily and without fear,” said Attorney General James. “As we approach the November 2024 election, my office is ensuring that every voice is heard, and the integrity of the electoral process is upheld. Any behavior that gets in the way of a fair and safe election should be reported to my office immediately.” 

Key Dates and Deadlines

• The last day to register to vote is Saturday, October 26.
• In-person early voting begins on Saturday, October 26.  
  • New York City (NYC) voters will be assigned an early voting location by the NYC Board of Elections (NYCBOE). This may be different than your Election Day poll site. NYC voters can find their early voting and Election Day poll sites on the NYCBOE website. 
  • Voters outside of NYC may vote at any early voting location in their county. Find poll sites in your county on your local board of elections' website or the NYSBOE's Poll Site Search.
• Anyone can vote by mail using an early mail ballot, no excuse needed. 
  • The last day to request a mail-in ballot online or by mail is Saturday, October 26.
  • The last day to request a mail-in ballot in person at your local BOE is Monday, November 4. 
  • Mail-in ballots must be postmarked by Tuesday, November 5 and received by the BOE by Tuesday, November 12. 
• Election Day is Tuesday, November 5. 
  • On Election Day, polls will be open from 6:00 AM to 9:00 PM.

Know Your Rights

Every New York voter has the right to vote freely and without fear of intimidation, coercion, or threats to their safety.

• It is illegal to electioneer or campaign inside or within 100 feet of a polling place.
• If your name does not appear on the list of voters at your voting site, but you believe you are at the right location and table and are eligible to vote, you have the right to request, fill out, and submit an affidavit ballot. 
  • An affidavit ballot is a provisional ballot that is not immediately scanned and counted on Election Day; it is set aside until election officials can verify your voter eligibility. Once confirmed, it is counted and tallied with the vote totals.
• If you are in line to vote at the time the polls close, you still have the right to vote. Stay in line. 
  • New York polls close at 9:00 PM on Election Day. Early voting poll site hours vary, so check the hours listed by your local board of elections.
• All voters are entitled to privacy in the voting booth, and it is illegal for any other individual to invade your privacy while voting. 
• No one should request to see your ballot, and it is illegal to show your completed ballot to anyone else – including by posting it on social media.
• If you are incarcerated on misdemeanor charges, in jail awaiting trial, or on parole or probation, you are eligible to vote. If you were convicted of a felony and have served your full sentence, you are eligible to vote but must re-register.

Voter Identification

Voters are never required to show photo identification to vote in New York. However, depending on how you registered, and if this is the first time you are voting, there is a small chance that poll site officials will ask you to confirm your name and address with an official document. If this is the case, you may use photo identification or a copy of any of the following documents:

• Current utility bill;
• Bank statement;
• Paycheck; or
• Other government document showing your name and address.

If you do not have any of these forms of identification, but believe you are eligible to vote, you may request an affidavit ballot at your poll site or submit a mail-in ballot. 

Accessibility and Accommodations

Under New York law, voters with disabilities must be provided with reasonable accommodations to ensure meaningful access to voting.

• If voting in person: 
  • A friend or relative may help you in the voting booth. 
  • Election inspectors at the site can also help and can provide assistive devices. 
  • A poll worker may also provide you with reasonable accommodations, such as having a chair, having someone else stand in line for you, or moving to the front of the line if you cannot stand for long periods. 
• If voting by mail:
  • You can cast an accessible absentee ballot. Request a disability-accessible absentee ballot through the New York State Board of Elections. This also comes with a postage-paid return envelope. 
  • You can sign the security envelope on the raised marker (you can sign anywhere else on the envelope, if you have difficulty signing it on the marker).
  • You can also use an electronic voting method that lets you mark your ballot with your own assistive technology.

Preventing Voter Intimidation

Attorney General James has issued guidance to local Boards of Elections (BOEs) and law enforcement agencies aimed at preventing voter intimidation and safeguarding voters' rights. Anyone who witnesses potentially dangerous voter intimidation should immediately report the incident to local law enforcement and OAG.

Under state and federal law, it is illegal for anyone to intimidate, threaten, or coerce voters in an attempt to disrupt their right to vote. It is also illegal to bring any firearm, rifle, or shotgun to polling places, or to use any other weapon to intimidate or harass voters. Other examples of potentially illegal voter intimidation include:

• Individuals or groups patrolling outside of polling places and trying to scare people out of the voting line;
• Poll watchers inside a polling place aggressively challenging substantial numbers of voters, or targeting voters of a specific demographic for challenges, leading to long lines and creating false fears that voters may be illegally voting;  
• Poll watchers standing in the vicinity of privacy booths or in unauthorized areas, videotaping or photographing voters within the polling place or following or harassing voters in the polling place;   
• Civilians dressing as law enforcement officers and harassing voters at poll sites; 
• People spreading rumors that there are negative consequences to voting; or  
• Individuals or groups carrying weapons or displaying foreign military uniforms or other military paraphernalia at polling locations.

Under federal law, voter intimidation includes threatening violence against voters, threatening to evict someone for voting or using voter information to track down old warrants, publicly disseminating individuals’ names and addresses, or “doxing,” and following voters to poll sites and speaking loudly about prosecuting them for illegal voting. Additionally, economic coercion, such as boycotting a business or threatening to share information with debt collectors as a result of voting, could constitute illegal voter intimidation. 

Protecting Against AI Misinformation

Voters should be aware of potentially fake or misleading election-related content generated by artificial intelligence (AI). Fake content created by artificial intelligence can be used to cause confusion and, when spread rapidly and widely through social media platforms, can have a profound impact on voters’ actions. 

Attorney General James has released a guide called “Protecting New Yorkers from AI-Generated Election Misinformation,” to help protect against and report misinformation generated by AI about the upcoming elections. The guide offers New Yorkers tips on how to avoid relying on fake content, report it, and seek accurate information about the elections:

• Never rely on chatbots to answer questions about elections or voting.
• Report social media content that you think may be a ‘deepfake’ to the platform. 
  • Deepfakes can leave clues showing they are fake, but the technology is getting better all the time and fakes are harder to spot. The absence of clues is not a guarantee that the content is real.
• Be skeptical of images, audio, and video circulating online about the elections, candidates, or their campaigns. If you see emotionally charged, sensational, and surprising content, be especially cautious. Remember that it may be fake.
• Never share content that you suspect may be fake unless you can verify that it is real.
• If you receive a phone call with information about voting or elections, be mindful that the information may be inaccurate or fake. Remember to verify information with official sources.
• Report misinformation about elections or voting to OAG’s Election Protection Hotline.

Election Protection Hotline

The Office of the Attorney General’s Election Protection Hotline will be available to receive reports of any type of intimidation or other interference with the right to vote beginning Saturday, October 26. 

The telephone hotline will be open between 9:00 AM and 6:00 PM during early voting from Saturday, October 26 through Sunday, November 3, as well as on Monday, November 4 and Wednesday, November 6, and between 6:00 AM and 9:00 PM on Election Day, Tuesday, November 5. 

The hotline will be available to troubleshoot and resolve a range of issues encountered by voters, including issues voting by absentee ballot, early mail ballot, or in-person at their polling place. A guide addressing frequently asked questions is also currently available to assist voters with, among other things, the absentee and early mail ballot process and voter registration issues.

New Yorkers who observe voter intimidation or any other illegal activity at the polls are encouraged to contact the hotline by either calling (866) 390-2992 or submitting a complaint online. Hotline calls and written requests for assistance are processed by OAG attorneys and staff.

Any emergencies or incidents involving potentially dangerous conduct should be reported to local law enforcement immediately by calling 911.

MANHATTAN MAN INDICTED IN FATAL SHOOTING OF MAN WHO WAS DEFENDING HIS MOTHER

 

Defendant Argued with Woman on Street; When Son Intervened, Defendant Retrieved a Gun and Shot Victim Multiple Times in Broad Daylight

Bronx District Attorney Darcel D. Clark announced that a Manhattan man has been indicted for second-degree Murder in the fatal shooting of a man coming to the aid of his mother in a petty dispute. 

 District Attorney Clark said, “Instead of walking away from an argument, this defendant allegedly shot a man dead on a Bronx street in front of the victim’s mother. It is another example of senseless gun violence.” 

District Attorney Clark said the defendant, Herman Gayle, 26, of West 151st Street, Manhattan was arraigned today on second-degree Murder, first-degree Manslaughter, two counts of second-degree Criminal Possession of a Weapon and Possession of Ammunition before Bronx Supreme Court Justice Brenda Rivera. The defendant was remanded and is due back in court on January 15, 2025.

According to the investigation, on September 29, 2024, at approximately 1:48 p.m., on East 182nd Street, in the Belmont section, the defendant allegedly got into an argument with a woman blocking a store entrance. The woman called to her son, Devonte Serrano, 29, who was nearby and told him the defendant was bothering her. Serrano confronted the defendant and the defendant allegedly called someone on his cell phone and stated, “Get my gun.” The defendant left the scene and returned and brawled with the victim. The defendant allegedly fired at least three shots, striking Serrano in the chest and stomach.   

District Attorney Clark thanked NYPD Detective David Monahan of the Bronx Homicide Squad and Detective Joseph Zaccaro of the 48th Precinct for their assistance in the investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Governor Hochul Announces Launch of New State-of-the-Art System to Help New Yorkers Prepare for Wildfire Danger

Fire Danger Rating System Partnership Between New York State Mesonet and the Department of Environmental Conservation Offers More Reliable Wildfire Information

Current Fire Danger is “High” in the Entire State

Governor Kathy Hochul today announced a new real-time weather data tool to help inform New Yorkers when there is an increased risk of wildfires. New York State Department of Environmental Conservation and New York State Mesonet  at the University at Albany researchers are utilizing data from the University at Albany’s statewide weather network to generate daily Fire Danger Ratings to offer more reliable wildfire information and improve public safety.

“We’re seeing the effects of climate change in real time, with dangerous wildfire seasons across the continent year after year,” Governor Hochul said. “We want to make sure the state has the latest tools and information to prepare for and respond to wildfires to ensure our communities and resources are protected.”

New York State Department of Environmental Conservation Interim Commissioner Sean Mahar said, “Even before wildland fires ignite, accurate data is crucial to deploy resources and advise communities of potential dangers. DEC’s partnership with New York State Mesonet will offer enhanced and reliable wildfire information to help keep communities safe by harnessing the power of the Mesonet to increase the number of stations recording observations in each of the state’s Fire Danger Rating Areas. This data will help inform a new, easier to read map that will benefit New Yorkers when wildfire dangers arise.”

Localized Fire Weather Information

The New York State Mesonet is the nation’s most advanced and largest early-warning weather detection system. It features 127 standard weather observation stations that cover the entire state, including at least one in every county and borough. Each site measures temperature, humidity, wind speed and direction, pressure, precipitation, solar radiation, snow depth, soil information and offers camera images. The data is collected in real-time every five minutes, feeding weather prediction models and decision-support tools for users across New York.

DEC’s Wildfire Predictive Services issues and updates a fire danger map that divides New York into multiple Fire Danger Rating Areas and then rates each on a wildfire risk scale from low to extreme.

The enhanced data collection helps identify the local variability of fire danger across the state, allowing community leaders, emergency managers and everyday New Yorkers to adapt their activities to prevent fires and reduce damage. It will be publicly available, offering year-round fire danger ratings and, in conjunction with DEC’s weather forecasts, other fire weather environmental and meteorological variables for all Fire Danger Rating Areas in New York.

Improving Wildfire Preparedness

Fire Danger maps are published simultaneously on both the DEC website and the New York State Mesonet Fire Danger Products web page.

Similar to the current RAWS system, the New York State Mesonet will provide the national Weather Information Management System, which serves as the host for the  National Fire Danger Rating System, with the data necessary to publish regional fire danger rating products.

The public website available through the New York State Mesonet offers current and historic fire weather information, updated daily. The project is funded by DEC through a U.S. Department of Agriculture Forest Service Wildfire Risk Reduction Grant.

View the New York State Mesonet Fire Danger Products page here.

The DEC Fire Danger Map will continue to host the fire danger map in addition to specific information about fire danger ratings and the fire danger rating areas.

Fire Danger is ‘High’ in Entire State

Recent dry conditions across the state are resulting in a “High” fire danger. A high fire danger means all fine, dead fuels ignite readily and fires start easily from most causes, including unattended brush and campfires. Fires may become serious and controlling them difficult unless attacked successfully while still small. The remainder of New York State is at a moderate level of fire danger. An updated fire danger map is available on the DEC website. While the statewide burn ban is no longer in effect, brush burning should only be done when absolutely necessary. Burning garbage or leaves is prohibited year-round in New York State.

Open burning is prohibited in New York, with these exceptions:

• Campfires or any other outdoor fires less than three feet in height and four feet in length, width or diameter are allowed.
• Small cooking fires are allowed.
• Ceremonial or celebratory bonfires are allowed. Disposal of flags or religious items in a small-sized fire is allowed, if it is not otherwise prohibited by law or regulation.
• Only charcoal or dry, clean, untreated or unpainted wood can be burned.
• Fires cannot be left unattended and must be fully extinguished.

For more information about fire safety and prevention, go to DEC's FIREWISE New York webpage.

Permits Filed for 2216 Aqueduct Avenue in University Heights, The Bronx

Permits have been filed for a seven-story residential building at 2216 Aqueduct Avenue in University Heights, The Bronx. Located between Buchanan Place and West 182nd Street, the lot is near the 183rd Street subway station, served by the 4 train. Joseph Rukaj under the Plungeri LLC is listed as the owner behind the applications.

The proposed 65-foot-tall development will yield 17,258 square feet designated for residential space. The building will have 25 residences, most likely rentals based on the average unit scope of 690 square feet. The masonry-based structure will also have a 36-foot-long rear yard and eight open parking spaces.

Node Architecture, Engineering, Consulting P.C. is listed as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced. 

Park Lane Senior Apartments Opens at 1940 Turnbull Avenue In Soundview, The Bronx

 

Park Lane Senior Apartments, a 14-story affordable senior housing project, has opened for occupancy at 1940 Turnbull Avenue in Soundview, The Bronx. Developed by Asland Capital Partners and Pembroke Development, the 115,000-square-foot structure yields 154 units in studio to one-bedroom layouts, all designated as 100 percent affordable senior housing. Thirty percent of the apartments are reserved for formerly homeless seniors, and on-site social services will be provided by local not-for-profit, Self Help. The property is located between Pugsley Avenue and White Plains Road. 

Photograph of Park Lane Senior Apartments, courtesy of Asland Capital Partners and Pembroke Development

Amenities at Park Lane Senior Apartments include indoor and outdoor recreational spaces, a shared laundry room, bicycle storage, and two community rooms programmed by Selfhelp. Residents will only be responsible for 30 percent of their income toward rent.

The property features a number of sustainable elements, including low-flow water fixtures, a high-performance building envelope, and a green roof. The development team is seeking a LEED Gold Version 4 for Homes-Multifamily Midrise certification.

Photograph from ribbon cutting at Park Lane Senior Apartments, courtesy of Asland Capital Partners and Pembroke Development

“Opening this 100-percent affordable housing project for New York’s seniors is a truly special milestone, and we are gratified and proud to deliver a building that will make a meaningful impact,” said James H. Simmons, III, CEO and founding partner of Asland. “We are excited to play a leading role in this major development in the Soundview section of The Bronx, an area where we have been committed to preserving affordable housing over the past 15 years. Thanks to the collaboration and support of an incredible group of partners, city agencies, and elected officials, we have delivered 154 affordable housing units that are desperately needed by the most vulnerable New York residents. We look forward to seeing our residents move into their new homes as soon as possible.”

Justice Department and Department of Transportation Launch Broad Public Inquiry into the State of Competition in Air Travel

 

Agencies Seek Information on Consolidation, Anticompetitive Conduct and a Wide Range of Issues Impacting the Availability and Affordability of Air Travel Options

The Justice Department’s Antitrust Division and Department of Transportation (DOT) jointly announced a broad public inquiry into the state of competition in air travel. The agencies are seeking public information on consolidation, anticompetitive conduct and a wide range of issues affecting the availability and affordability of air travel options. The topics covered in the agencies’ joint Request for Information (RFI) include previous airline mergers, exclusionary conduct, airport access, aircraft manufacturing, airline ticket sales, pricing and rewards practices and the experiences of aviation workers.

“Competition in air travel is a vehicle for better quality, better fares and better choices for Americans,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “With this inquiry, we hope to learn more from the businesses and travelers at the center of this essential industry. Their feedback will ensure the Justice Department can continue to build on its historic efforts to protect competition in air travel.”

“Americans count on air travel to visit loved ones, explore their country and get business done,” said Transportation Secretary Pete Buttigieg. “Good service and fair prices depend on ensuring that there is real competition, which is especially challenging for the many American communities that have lost service amid airline consolidation. Our goal with this inquiry is to identify and remove barriers to competition so that more Americans can access the opportunities that come with good, affordable air service.”

The agencies jointly issued the RFI requesting public comments explaining how the air travel industry has been impacted by consolidation and anticompetitive practices and identifying ways to address any harms to competition. Key topics in the RFI include:

• General state of competition in the aviation sector and its effects on passengers, workers and jobs, regions and local communities and economic growth.
• Airline consolidation and the effects of previous mergers, common ownership, joint ventures, international alliances, structural advantages, exclusionary conduct and other anticompetitive practices.
• Airport access and its impact on airlines and their ability to enter and fairly compete in different areas of the country and the world.
• Aircraft manufacturing and the impact of consolidation and anticompetitive practices on new aircraft manufacture and sale, aircraft leases or secondary markets for used aircraft.
• Air transportation sales channels, pricing and airline rewards programs and the impact on the availability, access and affordability of air travel.
• Labor market issues and the effects of consolidation and anticompetitive practices in other parts of the aviation industry on pilots, in-flight crews, ground crews, airport services, union contracts and/or travel agents or other vendors of travel services.

The public will have 60 days to submit comments at Regulations.gov, no later than Dec. 23. Once submitted, comments will be posted to Regulations.gov. All market participants are invited to provide comments in response to this RFI, including passengers, consumer advocates, pilots, in-flight and ground crews, airport authorities, employers, airlines, private and charter aircraft operators, travel agents, trade groups, industry analysts, purchasers of corporate travel services and other entities that provide or rely upon air travel services.

The Antitrust Division has previously taken action to protect competition in the passenger air travel industry, including its successful lawsuits to block the proposed merger of JetBlue and Spirit Airlines and to unwind the anticompetitive Northeast Alliance between JetBlue and American Airlines.

DOT has taken historic action to improve airline passenger rights and oversight of the airline industry. Most recently, prior to the close of the Alaska-Hawaiian Airlines merger, DOT secured binding, enforceable public-interest protections aimed at preventing harms to the traveling public, rural communities and smaller airline competitors. DOT has issued new rules requiring airlines to provide automatic cash refunds when owed and protecting against costly surprise airline junk fees. DOT has also secured enforceable guarantees from airlines to provide food, lodging and other support when they strand passengers. Finally, since 2021, DOT has gotten nearly $4 billion in refunds and reimbursements owed to passengers and issued nearly $225 million in penalties against airlines for consumer protection and civil rights violations.

Attorney General James Successfully Defends Gun Safety Regulations

 

Second Circuit Once Again Upholds Majority of Concealed Carry Improvement Act

New York Attorney General Letitia James released the following statement after the United States Court of Appeals for the Second Circuit upheld the majority of the provisions in the Concealed Carry Improvement Act (CCIA) after the U.S. Supreme Court asked the Second Circuit to review its previous decision in May 2024:

“This decision is another victory in our effort to protect all New Yorkers from the scourge of gun violence. After repeated attempts to weaken our gun safety regulations, once again we have prevailed. Commonsense gun safety legislation helps protect New Yorkers, and my office will always stand up to defend these laws. As Attorney General, I will use all the tools at my disposal to help remove dangerous weapons from New York communities and to keep our state’s residents safe.”

As a result of this decision by the United States Court of Appeals for the Second Circuit, the majority of the CCIA will remain in effect. The concealed carry permit provisions upheld in today’s decision include the requirement to demonstrate good moral character and to disclose household and family members on a permit application. In addition, the decision upholds the ban on concealed carry in all sensitive places with the exception of places of worship. The Second Circuit decision also allows all private property owners, including owners of places of worship, to prohibit firearms on their property, including through the postage of signs. The requirements for an in-person interview, character references, and 16 hours of training are also still in effect.  

The CCIA took effect in September 2022, following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. The law strengthens requirements for concealed carry permits to keep New Yorkers safe.