Regular Session - January 9, 2020

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 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   January 9, 2020

11                     12:01 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


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 1                P R O C E E D I N G S

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.) 

 8                ACTING PRESIDENT BENJAMIN:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, 

16   Wednesday, January 8, 2020, the Senate met 

17   pursuant to adjournment.  The Journal of Tuesday, 

18   January 7, 2020, was read and approved.  On 

19   motion, Senate adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               37

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.  I have several motions to strike 

 8   enacting clauses.  

 9                So with that said, I move the 

10   following bills be discharged from their 

11   respective committees and recommitted with 

12   instructions to strike the enacting clause:  

13   Senate Bill Numbers 1764, 1919, 1925B, and 2845A, 

14   by Senator Krueger; Senate Bills 477, 479A, 490, 

15   496, 1025, 1342B, 1804, 1818, 5701, 6089, and 

16   5980, by Senator Rivera; Senate Bill 3120A, by 

17   Senator Stavisky; Senate Bill 6620, by Senator 

18   Biaggi; Senate Bill 6487, by Senator Gaughran; 

19   and Senate Bill 1958, by Senator Thomas.

20                ACTING PRESIDENT BENJAMIN:   It is 

21   so ordered.

22                Senator Gianaris.

23                SENATOR GIANARIS:   Please call on 

24   Senator Griffo.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               38

 1   Griffo.

 2                SENATOR GRIFFO:   Thank you, 

 3   Mr. President.  Likewise, I have several bills 

 4   that we'll also request to recommit and strike 

 5   the enacting clause.  

 6                So I move that the following bills 

 7   be discharged from their respective committees 

 8   and be recommitted with instructions to strike 

 9   the enacting clause:  Senate Bill 1737, by 

10   Senator Jacobs; Senate Bill 1234A and Senate Bill 

11   6860, by Senator Gallivan; and Senate Bill Number 

12   4644, by Senator Helming.

13                ACTING PRESIDENT BENJAMIN:   It is 

14   so ordered.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Thank you, 

17   Mr. President.  

18                In terms of our business for the 

19   day, we do have a package of important bills to 

20   pass today, so we will have a couple of committee 

21   meetings followed by action on the floor.  

22                So we'll begin by calling an 

23   immediate meeting of the Elections Committee in 

24   Room 332.  That will be followed upon its 

25   conclusion by a meeting of the Rules Committee in 


                                                               39

 1   the same room.

 2                ACTING PRESIDENT BENJAMIN:   There 

 3   will be an immediate meeting of the Elections 

 4   Committee in Room 332, followed by a meeting of 

 5   the Rules Committee.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   The Senate will 

 8   stand at ease.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Senate will stand at ease.

11                (Whereupon, the Senate stood at ease 

12   at 12:04 p.m.)

13                (Whereupon, the Senate reconvened at 

14   12:21 p.m.)

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Gianaris.

17                SENATOR GIANARIS:   There will be an 

18   immediate meeting of the Rules Committee in 

19   Room 332, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   There 

21   will be an immediate meeting of the Rules 

22   Committee in Room 332.

23                SENATOR GIANARIS:   The Senate will 

24   stand at ease.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               40

 1   Senate will stand at ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 12:21 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   12:47 p.m.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Senate will return to order.  

 8                Senator Gianaris.

 9                SENATOR GIANARIS:   Mr. President, I 

10   believe there's a report of the Rules Committee 

11   at the desk.  I move to accept the report of the 

12   Rules Committee.

13                ACTING PRESIDENT BENJAMIN:   There 

14   is a report of the Rules Committee at the desk.  

15                The Secretary will read.

16                THE SECRETARY:   Senator Stewart- 

17   Cousins, from the Committee on Rules, reports the 

18   following bills:  

19                Senate Print 4378, by 

20   Senator Parker, an act to amend the Election Law; 

21                Senate Print 6457B, by Senator 

22   Gianaris, an act to amend the Election Law; 

23                Senate Print 6754A, by 

24   Senator Breslin, an act to amend the 

25   Election Law; 


                                                               41

 1                Senate Print 6805, by Senator Myrie, 

 2   an act to amend the Highway Law; 

 3                Senate Print 6922, by 

 4   Senator Kaplan, an act to amend the Election Law; 

 5                Senate Print 6923A, by Senator  

 6   Martinez, an act to amend the Election Law; 

 7                Senate Print 6925, by Senator 

 8   Biaggi, an act to amend the Election Law; 

 9                Senate Print 6926A, by Senator May, 

10   an act to amend the Election Law; 

11                Senate Print 6930, by Senator 

12   Krueger, an act to amend the Election Law;

13                Senate Print 6931, by Senator 

14   Breslin, an act to amend the Insurance Law; 

15                Senate Print 6932, by 

16   Senator Kavanagh, an act to amend the Alcoholic 

17   Beverage Control Law;

18                Senate Print 6933, by 

19   Senator Martinez, an act to amend the 

20   Environmental Conservation Law; 

21                Senate Print 6934, by 

22   Senator Stewart-Cousins, an act to amend a 

23   chapter of the Laws of 2019; 

24                Senate Print 6935, by Senator 

25   Benjamin, an act to amend the Civil Service Law; 


                                                               42

 1                Senate Print 6936, by 

 2   Senator Parker, an act to amend the 

 3   Public Service Law; 

 4                Senate Print 6937, by 

 5   Senator Salazar, an act to amend the Public 

 6   Buildings Law; 

 7                Senate Print 6938, by Senator 

 8   Parker, an act to amend the Executive Law; 

 9                Senate Print 6939, by 

10   Senator Parker, an act to amend the Environmental 

11   Conservation Law;

12                Senate Print 6940, by 

13   Senator Kaminsky, an act to amend the 

14   Environmental Conservation Law; 

15                Senate Print 6941, by Senator 

16   Rivera, an act to amend the Public Health Law; 

17                Senate Print 6942, by 

18   Senator Montgomery, an act to amend the 

19   Civil Service Law; 

20                Senate Print 6943, by Senator 

21   Bailey, an act to amend the Public Housing Law;

22                Senate Print 6944, by Senator 

23   Bailey, an act to amend the Correction Law; 

24                Senate Print 6945, by Senator 

25   Kaplan, an act to amend the Executive Law; 


                                                               43

 1                Senate Print 6946, by 

 2   Senator Rivera, an act to amend the Tax Law and 

 3   Administrative Code of the City of New York; 

 4                Senate Print 6947, by Senator 

 5   Bailey, an act to amend the General Business Law; 

 6                Senate Print 6948, by 

 7   Senator Comrie, an act to amend a chapter of the 

 8   Laws of 2019; 

 9                Senate Print 6949, by Senator 

10   Kavanagh, an act to amend the Private Housing 

11   Finance Law; 

12                Senate Print 6950, by Senator 

13   Gounardes, an act to amend the Civil Service Law, 

14   the General Municipal Law and the Administrative 

15   Code of the City of New York; 

16                Senate Print 6951, by 

17   Senator Montgomery, an act to amend the Family 

18   Court Act and the Social Services Law; 

19                Senate Print 6952, by Senator 

20   Kaplan, an act to amend the Social Services Law; 

21                Senate Print 6953, by Senator 

22   Breslin, an act to amend the Insurance Law; 

23                Senate Print 6954, by 

24   Senator Gaughran, an act to amend the 

25   General Business Law; 


                                                               44

 1                Senate Print 6955, by 

 2   Senator Kennedy, an act to amend the 

 3   Environmental Conservation Law; 

 4                Senate Print 6956, by Senator 

 5   Salazar, an act to amend the Public Health Law; 

 6                Senate Print 6957, by 

 7   Senator Kaminsky, an act to amend the Alcoholic 

 8   Beverage Control Law; 

 9                Senate Print 6958, by 

10   Senator Parker, an act to amend the Environmental 

11   Conservation Law; 

12                Senate Print 6959, by Senator 

13   Savino, an act to amend the Executive Law; 

14                Senate Print 6960, by 

15   Senator Kaminsky, an act to amend the 

16   Environmental Conservation Law; 

17                Senate Print 6961, by Senator Myrie, 

18   an act to amend a chapter of the Laws of 2019; 

19                Senate Print 6962, by 

20   Senator Gaughran, an act to amend the 

21   General Municipal Law; 

22                Senate Print 6963, by Senator 

23   Serrano, an act to amend Chapter 383 of the Laws 

24   of 2019 amending the Public Authorities Law; 

25                Senate Print 6964, by 


                                                               45

 1   Senator Serrano, an act to amend a chapter of the 

 2   Laws of 2019 amending the Tax Law and the State 

 3   Finance Law; 

 4                Senate Print 6965, by Senator 

 5   Salazar, an act to amend the Public Health Law; 

 6                Senate Print 6966, by 

 7   Senator Metzger, an act to amend the Agriculture 

 8   and Markets Law; 

 9                Senate Print 6967, by 

10   Senator Gounardes, an act to amend the Vehicle 

11   and Traffic Law; and 

12                Senate Print 6968, by 

13   Senator Metzger, an act to amend the Agriculture 

14   and Markets Law and the Public Health Law.

15                All bills ordered direct to third 

16   reading.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Gianaris.

19                SENATOR GIANARIS:   With the Rules 

20   report being accepted, please take up the reading 

21   of the calendar.

22                My apologies, Mr. President.  I move 

23   to accept the report of the Rules Committee.

24                ACTING PRESIDENT BENJAMIN:   All in 

25   favor of accepting the report of the Rules 


                                                               46

 1   Committee signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT BENJAMIN:    

 4   Opposed, nay.

 5                (No response.)

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   Rules Committee report is accepted.

 8                SENATOR GIANARIS:   Now, 

 9   Mr. President, please take -- 

10                ACTING PRESIDENT BENJAMIN:   Senator 

11   Gianaris.

12                SENATOR GIANARIS:   -- please take 

13   up the reading of the calendar.

14                ACTING PRESIDENT BENJAMIN:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 1, 

17   Senate Print 4378, by Senator Parker, an act to 

18   amend the Election Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect January 1, 2022.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


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 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Montgomery to explain her vote.

 3                SENATOR MONTGOMERY:   Just to 

 4   explain my vote, Mr. President.  

 5                I just want to thank Senator Parker.  

 6   This bill was actually first introduced, I 

 7   believe, many years ago by Senator Suzi 

 8   Oppenheimer, who happened to have been my 

 9   classmate at that time.  And I guess we really 

10   owe a very special debt to Senator Parker for 

11   finally making one of former Senator Suzi 

12   Oppenheimer's wishes come true, that this bill is 

13   going to pass today.  

14                So I vote aye.  Thank you, 

15   Mr. President.

16                ACTING PRESIDENT BENJAMIN:    

17   Senator Montgomery to be recorded in the 

18   affirmative.  

19                Senator Parker to explain his vote.

20                SENATOR PARKER:   Thank you, 

21   Mr. President.  

22                As everybody knows in this chamber, 

23   the right to the franchise in voting is the 

24   cornerstone of our democracy.  And the more that 

25   we can do to expand that franchise, the more we 


                                                               48

 1   can do to gain participation and increase access 

 2   to the franchise, it's not really just something 

 3   that should be done, but really the moral 

 4   responsibility of this body and the State 

 5   Legislature to go forward.

 6                This bill is important because it 

 7   finally gains access for college students to vote 

 8   on their college campuses.  It also makes sure 

 9   that as we're drawing lines that we're making 

10   those campuses contiguous, and such that lines 

11   aren't being drawn through and around college 

12   campuses.  

13                I think that this is going to be 

14   important not just in terms of increasing voter 

15   participation through the State of New York but, 

16   more importantly, making young people more active 

17   in our democracy at an early time.  And we 

18   believe that early voting will become a habit for 

19   them and improve our democracy as we go forward.  

20                So I want to thank everybody for 

21   their yes votes, and I'll be voting aye.

22                ACTING PRESIDENT BENJAMIN:    

23   Senator Parker to be recorded in the affirmative.

24                Senator May to explain her vote.

25                SENATOR MAY:   Thank you, 


                                                               49

 1   Mr. President.  

 2                I represent nine college campuses in 

 3   my district.  And our elections commissioner told 

 4   me last year that 20 percent of the students who 

 5   tried to vote at one of our colleges had their 

 6   votes discarded because they went to the wrong 

 7   polling place.  They went with their friends, 

 8   they all went together to vote, they ended up at 

 9   a polling place where they were told they could 

10   file an affidavit ballot because they were at the 

11   wrong polling place.  But because they were at 

12   the wrong polling place, the affidavit ballot was 

13   thrown out.  

14                So this is a wonderful opportunity 

15   to make it simpler and more obvious to college 

16   students about where and how they can vote, and I 

17   thank Senator Parker for putting this bill 

18   forward.  Thank you.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   May to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar 1, those Senators voting in the negative 

24   are Senators Akshar, Amedore, Borrello, Boyle, 

25   Flanagan, Funke, Gallivan, Griffo, Helming, 


                                                               50

 1   Jacobs, Jordan, Lanza, LaValle, Little, O'Mara, 

 2   Ortt, Ritchie, Robach, Serino and Tedisco.  

 3                Ayes, 40.  Nays, 20.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 2, 

 7   Senate Print 6457B, by Senator Gianaris, an act 

 8   to amend the Election Law.

 9                SENATOR GRIFFO:   Lay it aside.

10                ACTING PRESIDENT BENJAMIN:   Lay it 

11   aside.

12                THE SECRETARY:   Calendar Number 3, 

13   Senate Print 6754A, by Senator Breslin, an act to 

14   amend the Election Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 30th day after it 

19   shall have become a law.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Senator Breslin to explain his vote.

25                SENATOR BRESLIN:   Thank you, 


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 1   Mr. Chairman.  

 2                This bill is one of the first 

 3   revisions to our voting laws of last year.  What 

 4   it does is says in each county, the first voting 

 5   station shall be from the largest municipality in 

 6   that particular county.  

 7                To use an example, Rensselaer 

 8   County, in my district, had two voting stations 

 9   because they had around 100,000 voters, so they 

10   got two.  Both of them were put in rural areas.  

11   The City of Troy, which represents over a third 

12   of the population and houses a lot of elderly 

13   people, a lot of poor people, a lot of 

14   students -- in fact, over 70 percent of the 

15   people in Troy don't have cars to use.  So they 

16   were put in the position that if they wanted to 

17   participate, they had to in one instance go to 

18   Schodack, which meant two bus rides and a long 

19   period of time before they got the opportunity to 

20   vote.  

21                This law will change that and make 

22   sure that that large -- in many cases, a city -- 

23   the largest municipality in the county will get 

24   the first voting machine.

25                I think it's an important, a very 


                                                               52

 1   important step to make it fairer, to attract all 

 2   people to vote, to eliminate impediments to that 

 3   process and make the elections fairer.

 4                I vote aye.

 5                ACTING PRESIDENT BENJAMIN:    

 6   Senator Breslin to be recorded in the 

 7   affirmative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 3, those Senators voting in the 

11   negative are Senators Akshar, Amedore, Borrello, 

12   Boyle, Flanagan, Funke, Gallivan, Griffo, 

13   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

14   O'Mara, Ortt, Ritchie, Robach, Serino and 

15   Tedisco.

16                Ayes, 40.  Nays, 20.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 4, 

20   Senate Print 6805, by Senator Myrie, an act to 

21   amend the Highway Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 60th day after it 


                                                               53

 1   shall have become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 4, those Senators voting in the 

 9   negative are Senators Akshar, Amedore, Borrello, 

10   Boyle, Flanagan, Funke, Gallivan, Helming, 

11   Jacobs, Jordan, LaValle, Little, O'Mara, Ortt, 

12   Ritchie, Robach, Serino and Tedisco.

13                Ayes, 42.  Nays, 18.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 5, 

17   Senate Print 6922, by Senator Kaplan, an act to 

18   amend the Election Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               54

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 5, those Senators voting in the 

 5   negative are Senators Akshar, Amedore, Borrello, 

 6   Boyle, Flanagan, Funke, Gallivan, Griffo, 

 7   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

 8   O'Mara, Ortt, Ritchie, Robach, Serino and 

 9   Tedisco.

10                Ayes, 40.  Nays, 20.

11                ACTING PRESIDENT BENJAMIN:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 6, 

14   Senate Print 6923A, by Senator Martinez, an act 

15   to amend the Election Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In relation to 


                                                               55

 1   Calendar Number 6, those Senators voting in the 

 2   negative are Senators Akshar, Amedore, Borrello, 

 3   Boyle, Flanagan, Funke, Gallivan, Griffo, 

 4   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

 5   O'Mara, Ortt, Ritchie, Robach, Serino and 

 6   Tedisco.

 7                Ayes, 40.  Nays, 20.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 7, 

11   Senate Print 6925, by Senator Biaggi, an act to 

12   amend the Election Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 7, those Senators voting in the 

24   negative are Senators Akshar, Amedore, Borrello, 

25   Boyle, Flanagan, Funke, Gallivan, Griffo, 


                                                               56

 1   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

 2   O'Mara, Ortt, Ritchie, Robach, Serino and 

 3   Tedisco.

 4                Ayes, 40.  Nays, 20.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 8, 

 8   Senate Print 6926A, by Senator May, an act to 

 9   amend the Election Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   May to explain her vote.

19                SENATOR MAY:   Thank you.

20                Portable polling places is an idea 

21   whose time has come.  It's been tried in many 

22   other states, and it's a way to bring voting 

23   closer to the people.

24                As chair of the Committee on Aging 

25   and also chair of the Commission on Rural 


                                                               57

 1   Resources, I am pleased to bring this bill 

 2   forward because it enables us to have short-term 

 3   polling places during early voting in rural 

 4   areas, in -- near where senior citizens live, 

 5   near large businesses where there are a lot of 

 6   employees.  It just brings the voting closer to 

 7   the people.

 8                So all of the bills that we're 

 9   passing today are about making voting more 

10   accessible, and I'm proud that this does the 

11   same.

12                Thank you.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   May to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 8, those Senators voting in the 

18   negative are Senators Akshar, Amedore, Borrello, 

19   Boyle, Flanagan, Funke, Gallivan, Griffo, 

20   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

21   O'Mara, Ortt, Ritchie, Robach, Serino and 

22   Tedisco.

23                Ayes, 40.  Nays, 20.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               58

 1                THE SECRETARY:   Calendar Number 9, 

 2   Senate Print 6930, by Senator Krueger, an act to 

 3   amend the Election Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Senator Krueger to explain her vote.

13                SENATOR KRUEGER:   Thank you.

14                Clearly we're doing a package to 

15   improve voter access and to expand on our work in 

16   early voting.  And one of the things we did was 

17   have a hearing after the early voting this year, 

18   and we learned that some of the things weren't 

19   done exactly right.  

20                And so I'm very pleased that we're 

21   going to move this bill today, recognizing that 

22   asking schools to allow themselves to be used for 

23   11 days per election, between start-up and 

24   cleanup -- perhaps up to three times a year in 

25   2020 -- is not realistic and causes conflict 


                                                               59

 1   between the role of the school in teaching our 

 2   children and also being a civic facility.  

 3                So this bill will say don't use 

 4   schools for early voting, but we're expanding the 

 5   opportunities to use other civic and cultural 

 6   institutions, including getting rid of a 

 7   ridiculous rule that says if a facility sells 

 8   liquor, they can't be a voting site.  I have 

 9   images from the 1800s.  

10                But really our museums, our cultural 

11   institutions very likely do have restaurants that 

12   sell liquor somewhere in the building, but they 

13   can have the polling sites in their buildings not 

14   anywhere near the bar.  I don't think we should 

15   be concerned about that in the 21st century.  

16                I proudly vote yes.  Thank you, 

17   Mr. President.

18                ACTING PRESIDENT BENJAMIN:    

19   Senator Krueger to be recorded in the 

20   affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 9, those Senators voting in the 

24   negative are Senators Boyle, Flanagan, Gallivan, 

25   Griffo, Jacobs and LaValle.  


                                                               60

 1                Ayes, 54.  Nays, 6.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   Mr. President, 

 6   please lay the remainder of the noncontroversial 

 7   calendar aside for the day.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   remainder of the noncontroversial calendar will 

10   be laid aside for the day.

11                Senator Gianaris, that completes the 

12   reading of today's calendar.

13                SENATOR GIANARIS:   Please go to the 

14   reading of the controversial calendar.

15                ACTING PRESIDENT BENJAMIN:   The 

16   Secretary will ring the bell.  

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 2, 

19   Senate Print 6457B, by Senator Gianaris, an act 

20   to amend the Election Law.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Griffo, why do you rise?

23                SENATOR GRIFFO:   Mr. President, I 

24   believe there's an amendment at the desk.  I 

25   waive the reading of that amendment, and I ask 


                                                               61

 1   that you call upon Senator Flanagan.

 2                ACTING PRESIDENT BENJAMIN:   Thank 

 3   you, Senator Griffo.  

 4                Upon review of the amendment, in 

 5   accordance with Rule 6, Section 4B, I rule it 

 6   nongermane and out of order at this time.

 7                SENATOR GRIFFO:   Accordingly, 

 8   Mr. President, I would appeal that ruling of the 

 9   chair and ask that you recognize Senator 

10   Flanagan.

11                ACTING PRESIDENT BENJAMIN:   The 

12   appeal has been made and recognized, and Senator 

13   Flanagan may be heard.

14                SENATOR FLANAGAN:   Thank you, 

15   Mr. President.

16                I listened clearly to your ruling, 

17   and obviously we disagree inasmuch as we're 

18   appealing the ruling of the chair.

19                This amendment, I'm not sure I could 

20   find anything that I could offer that would be 

21   more germane to the people we represent at a time 

22   and place where we should be talking about 

23   nothing other than public safety.  And I repeat, 

24   nothing other than public safety and the 

25   well-being of the people that we all represent.


                                                               62

 1                So I not only believe it's germane, 

 2   I believe it should be the number-one priority.  

 3   And I can base that on a variety of different 

 4   things, including listening to the people that I 

 5   actually represent.  And what we're hearing from 

 6   people in our communities -- the emails, the 

 7   phone calls, the people pulling you aside on a 

 8   street corner, at a public event, raising 

 9   concerns about what is happening in our state 

10   right now.

11                Today, the Majority brought forth 

12   47 bills for consideration for this body.  Not 

13   one had anything to do with criminal justice 

14   reform.  Not one.  Here we are talking about 

15   voting and voting reforms.  This on top of the 

16   fact that last year a number of reforms were 

17   enacted that were deleterious to local 

18   governments, costing them tens of millions of 

19   dollars without any requisite funding, unfunded 

20   mandates on local governments, and yet we have a 

21   plethora of legislation here again today which in 

22   and of itself is problematic, on top of the fact 

23   that it's a whole series of other unfunded 

24   mandates on local governments and on taxpayers 

25   and I don't think it's going to do anything to 


                                                               63

 1   help the electoral process.  

 2                Having said that, what I want to 

 3   talk about, what I'm concerned about, why we feel 

 4   this is so germane, it's because New York State 

 5   is in a crisis at this moment, as we speak, as we 

 6   deliberate here in the New York State Senate.

 7                Now, last year the Majority, along 

 8   with the Assembly Democrats and the Governor, 

 9   said we need to have criminal justice reform.  

10   And you enacted criminal justice reform that we 

11   think is awful.  We don't think it's in the best 

12   interests of the people we represent, we don't 

13   believe it supports law enforcement, we don't 

14   believe it supports our judiciary, we don't 

15   believe it supports not-for-profits that help 

16   crime victims, we don't believe it supports 

17   victims of domestic violence, we don't believe it 

18   does a lot of things that could have been done 

19   properly.  There was a rush to judgment.  And 

20   boy, there was an effort and a movement saying 

21   "We've got to do it, we've got to do it, we've 

22   got to do it."  

23                This amendment is actually offering 

24   an amendment to repeal portions of the budget 

25   from last year.  This is serious public policy 


                                                               64

 1   legislation that should not have been included in 

 2   the budget.  And I've heard talk about hearings 

 3   and public input and all those kinds of things.  

 4   It didn't happen.  

 5                Go to the DAs, go to the police, go 

 6   to our fire officials, go to first responders -- 

 7   who are now under more scrutiny than criminals 

 8   for being out there in the public and trying to 

 9   help people.  Go to criminal defense attorneys 

10   who express concerns about what was enacted.  And 

11   most importantly, go to the public.  Get out on 

12   the street and listen to what people are saying.  

13   They are not only concerned, they're mad, they're 

14   frustrated, and they're worried.  And they have 

15   every right to be worried.

16                You all passed it.  You own it.  And 

17   I know some of you will wear that as a badge of 

18   honor.  Good luck.  There are plenty of problems 

19   associated with this legislation.

20                Now, yesterday I got up on this 

21   floor and said it was the Governor's day, we 

22   could hear his message for the State of New York, 

23   the blueprint that he wants to offer.  I 

24   listened.  And in fact, I was seated in a spot 

25   where I could read on the teleprompter the entire 


                                                               65

 1   speech.  I watched, I listened, I read, I waited, 

 2   I hoped.  Nothing.  Nothing about relooking at 

 3   the laws that were enacted last year.  Despite 

 4   the Governor making public statements in other 

 5   places.  Despite the Mayor of the City of 

 6   New York expressing concerns.  Nothing.  I heard 

 7   some passing remarks from the State Democratic 

 8   Party chairman:  "Well, you know, maybe -- maybe 

 9   we're going to have to look at some of this."

10                Why wait?  This could have been done 

11   the right way last year.  I got asked the 

12   question today about the law being implemented 

13   and seeing the effects.  We didn't have to wait.  

14   I went home and everyone went home and listened 

15   to our DAs, listened to our law enforcement 

16   personnel saying "This is going to be an 

17   unmitigated disaster."  And in less than two 

18   weeks, it's already proven to do that.  The 

19   public is less safe today as a result of the laws 

20   that were enacted last year.  

21                This is germane.  This is important 

22   to the people we represent.  And this, ladies and 

23   gentlemen, should be the number-one priority of 

24   the New York State Senate today.  Today.  This is 

25   the first time I can remember in my tenure in 


                                                               66

 1   this Legislature where we've ever had session the 

 2   day after the State of the State.  A new 

 3   legislative calendar, I get it.  We had a golden 

 4   opportunity to address the most pressing matter 

 5   affecting the public.  

 6                And I could say the second thing is 

 7   maybe we should be talking about a $6 billion 

 8   deficit.  No.  We're talking about voting 

 9   reforms.  Are you kidding me?  I don't think that 

10   should be the number-one priority.  This is a set 

11   of misplaced priorities, as it was last year.

12                Now, we had a press conference 

13   following the Democratic press conference today.  

14   And during that press conference my colleagues 

15   supported everything that we were advancing.  I 

16   referenced my own home county of Suffolk County.  

17   I referenced my own home sheriff, Sheriff Errol 

18   Toulon, who is a Democrat, who is a pro of the 

19   highest order.  He's a complete professional, 

20   enjoys respect all across the aisle.  He had 

21   expressed grave concerns to me personally about 

22   what this law would mean.  

23                And lo and behold, I brought him 

24   up -- and it has nothing to do with me bringing 

25   him up, but he issued a press release less than 


                                                               67

 1   an hour ago, maybe two hours ago.  And God, is it 

 2   relevant to what we're talking about.  

 3                These are quotes.  "'Judges used to 

 4   have some discretion on whether or not an 

 5   individual should be held on bail,' says Sheriff 

 6   Errol Toulon.  'Now, it's black and white -- no 

 7   bail for these crimes regardless of the impact to 

 8   the community.  The offender will be given a 

 9   court date and told to come back to court.'" 

10   These are not my words.  This is a duly elected 

11   sheriff who has to administer this ill-conceived 

12   law.

13                He also goes on to add and speak to 

14   the notion of nonviolent crimes.  This is 

15   something the average person will listen to and 

16   go, No, this can't be for real.  Nonviolent.  I 

17   read:  Assault in the third degree, aggravated 

18   vehicular assault, aggravated assault upon a 

19   person less than 11 years old.  Criminally 

20   negligent homicide.  Aggravated vehicular 

21   homicide.  Manslaughter in the second degree.  

22   Unlawful imprisonment in the first degree.  

23   Coercion in the first degree.  Arson in the third 

24   and fourth degree.  Grand larceny in the first 

25   degree.  Criminal possession of a weapon on 


                                                               68

 1   school grounds or criminal possession of a 

 2   firearm.  Specified felony drug offenses 

 3   involving the use of children, including the use 

 4   of a child to commit a controlled substance 

 5   offense and criminal sale of a controlled 

 6   substance to a child.  Promoting an obscene 

 7   sexual performance by a child.  Possessing a 

 8   obscene sexual performance by a child.  Promoting 

 9   a sexual performance by a child.  

10                These are not my words, ladies and 

11   gentlemen.  This is from a sheriff in Suffolk 

12   County.

13                Now, yesterday during the State of 

14   the State the Governor went at rapid fire and 

15   talked about his litany of accomplishments.  

16   Rapid fire.  In fact, it was so hard for him to 

17   keep up on what he thought he accomplished, he 

18   almost couldn't do it.  I only wish he had taken 

19   the time to talk about something like this.  Yes, 

20   invest in airports, yes, invest in 

21   infrastructure.  But this is investing in the 

22   public and protecting the public.  

23                This law is a travesty.  And it's 

24   our obligation to do something about it now.  I 

25   don't want to wait to see if it works.  It's not 


                                                               69

 1   working.  It was not working when it was enacted.  

 2   And people are saying, "Well, we've had 

 3   discussions."  It all came after the fact.  It 

 4   all came after the fact.  The input that was 

 5   necessary that should have been sought from the 

 6   get-go was not done.  That's a disservice to the 

 7   public.

 8                Lastly -- this is a direct quote -- 

 9   the release of 301 inmates under this new 

10   legislation is deeply concerning to Sheriff 

11   Toulon.  "As we look at the effects of the 

12   official enactment of bail reform, there are 

13   clearly serious issues with this state law.  

14   Judges must have discretion to determine bail 

15   based on a criminal defendant's likelihood to 

16   reoffend" -- and I have four pages of people who 

17   have reoffended since January 1st, less than 

18   10 days -- "and whether or not they will cause 

19   further pain to his or her victims and the public 

20   at large," says Sheriff Toulon.  "The New York 

21   State Legislature should amend or repeal bail 

22   reform now."  Not six months from now.  

23                The census in the Suffolk County 

24   jail is now down to about 750.  They let go 

25   30 percent of that population.  And I'm sure 


                                                               70

 1   there are some instances where it was warranted.  

 2   But in the overwhelming majority of cases, I 

 3   don't want to have to go back to my residents and 

 4   read this litany of crimes that are now exempt.  

 5   This is a grave disservice to the public.  We 

 6   need to act now.

 7                Now, not only have I heard the 

 8   Governor, I've heard the Mayor.  I told you I've 

 9   heard the State Democratic Party chair.  And I've 

10   listened to my colleagues in both the Senate and 

11   the Assembly talking about, Whoa, we might need 

12   to make changes.  In fact, I'm going to introduce 

13   a bill, I'm going to introduce a bill to protect 

14   against something that might have happened.  That 

15   should have been done before.  Not now.  

16                Every Democrat in this house voted 

17   for that legislation, and now a number of them 

18   are walking it back.  The Senate Democrats, the 

19   Assembly Democrats, and the Governor own this.  

20   And the public is getting more and more aware 

21   every single day.  Yes, I feel passionately, as I 

22   know my colleagues do who are with me in 

23   agreement, and those in opposition.  But I know 

24   what I'm hearing.  And I know what my obligation 

25   is.  And I couldn't go home to a community event 


                                                               71

 1   tonight and say, By the way, I wanted to talk to 

 2   you about polling place legislation, when these 

 3   types of things are happening.  

 4                There's a story that just came out 

 5   of Syracuse today, someone who was released, a 

 6   Navy vet who was accused of killing his 

 7   girlfriend, and he says it's accidental.  He 

 8   killed a person.  Killed a person and is 

 9   wholesale released.  That is not what the public 

10   expects.  That is not what the public deserves.  

11                I can't think of an issue that is 

12   more germane to the first day of this legislative 

13   session than criminal justice reform.  We are 

14   advocating for repeal.  And let me be clear, we 

15   believe there are opportunities for reform -- 

16   done the right way, under the right 

17   circumstances, by listening to people who are 

18   hired and elected to protect us and the public.  

19   To not address this and to not address it 

20   immediately is malpractice, malpractice on the 

21   part of this Majority and the New York State 

22   Assembly and the Governor.

23                Mr. President, thank you for your 

24   indulgence.  I disagree with the ruling of the 

25   chair and therefore appeal your decision.


                                                               72

 1                ACTING PRESIDENT BENJAMIN:   Thank 

 2   you, Senator Flanagan.

 3                I want to remind the house that the 

 4   vote is on the procedures of the house and the 

 5   ruling of the chair.

 6                Those in favor of overruling the 

 7   chair signify by saying aye.

 8                (Response of "Aye.")

 9                SENATOR GRIFFO:   Show of hands 

10   requested.

11                ACTING PRESIDENT BENJAMIN:   A show 

12   of hands has been requested and so ordered.

13                THE SECRETARY:   Ayes, 20.

14                ACTING PRESIDENT BENJAMIN:   The 

15   ruling of the chair stands, and the bill-in-chief 

16   is before the house.

17                Senator Ortt.

18                SENATOR ORTT:   Would the -- through 

19   you, Mr. President, would the sponsor yield to a 

20   few questions?

21                ACTING PRESIDENT BENJAMIN:   Does 

22   the sponsor yield?

23                SENATOR GIANARIS:   Yes, 

24   Mr. President.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               73

 1   sponsor yields.

 2                SENATOR ORTT:   Thank you, 

 3   Mr. President.

 4                Could the sponsor -- there was a 

 5   version of this bill last year that came before 

 6   this body that would have enrolled every 

 7   person -- noncitizens, illegal immigrants, what 

 8   have you -- were they to opt in.  Can the sponsor 

 9   explain the difference between that bill that 

10   passed this house and the bill that is before us 

11   today?  

12                SENATOR GIANARIS:   Mr. President, 

13   the bill differs in a number of ways.  But as 

14   relates to the question Senator Ortt is asking, 

15   this bill puts the onus on the two agencies that 

16   will initially be responsible for implementing 

17   automatic registration to not transmit to the 

18   Board of Elections any application for which they 

19   know that the applicant is not eligible, and that 

20   includes if they are not a citizen of the 

21   United States.

22                SENATOR ORTT:   Through you, 

23   Mr. President, if the sponsor will continue to 

24   yield.

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               74

 1   the sponsor yield?

 2                SENATOR GIANARIS:   Yes.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR ORTT:   Through you, 

 6   Mr. President, could the sponsor tell me how 

 7   these agencies would be able to determine if they 

 8   are in fact not eligible?

 9                SENATOR GIANARIS:   Sure.

10                The two agencies are the Department 

11   of Motor Vehicles and the Department of Health.  

12   And when one is applying through those agencies 

13   for services, whether it be a driver's license or 

14   what have you, identification is required.  Those 

15   two agencies are the two that actually have 

16   citizenship information as it relates to people 

17   who interact with those agencies.

18                So -- one second to get my list.  

19   For example, the Department of Motor Vehicles, if 

20   someone is not using -- or if someone is using a 

21   noncitizen information, it would take the form of 

22   the presentation of a foreign passport, consular 

23   ID, a foreign driver's license, permanent 

24   resident card, et cetera.  There's a list of ways 

25   that noncitizens can present identification to 


                                                               75

 1   the DMV.  If the DMV receives that information, 

 2   it is the obligation of the agency not to pass 

 3   that application for voter registration along to 

 4   the Board of Elections.

 5                SENATOR ORTT:   Through you, 

 6   Mr. President, will the sponsor continue to 

 7   yield?  

 8                ACTING PRESIDENT BENJAMIN:   Does 

 9   the sponsor yield?

10                SENATOR GIANARIS:   Yes.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR ORTT:   Through you, 

14   Mr. President.  Under this bill, what is the 

15   penalty for an illegal immigrant, noncitizen, who 

16   registers to vote and actually casts a ballot? 

17                SENATOR GIANARIS:   The penalty is 

18   the same in existing law for someone who 

19   improperly registers or improperly votes.  That 

20   is contained in the Election Law, Section 5-210.  

21   It is already a crime, and nothing as it relates 

22   to how we handle voter fraud changes in this 

23   bill.

24                SENATOR ORTT:   Through you, 

25   Mr. President, will the sponsor continue to 


                                                               76

 1   yield?  

 2                ACTING PRESIDENT BENJAMIN:   Does 

 3   the sponsor yield?

 4                SENATOR GIANARIS:   Yes.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR ORTT:   Through you, 

 8   Mr. President.  In the sponsor's bill there is 

 9   language that -- the presumption of innocent 

10   authorized error as it relates to someone who is 

11   registered to vote that would be a noncitizen or 

12   would be an illegal immigrant.  

13                Could the sponsor tell me and this 

14   chamber what the presumption of innocent 

15   authorized error means and how that would impact 

16   someone who is found to be unlawfully registered 

17   to vote under this law?

18                SENATOR GIANARIS:   I believe that 

19   the Senator is referring to the section of the 

20   bill that says if someone is not found to have 

21   intentionally and knowingly improperly 

22   registered, that the presumption will be that 

23   that was not done intentionally.

24                SENATOR ORTT:   Through you, 

25   Mr. President, yes.  


                                                               77

 1                Through you, Mr. President, my 

 2   question still remains as to how that would 

 3   impact someone that is found to be unlawfully 

 4   registered to vote.  An illegal immigrant, a 

 5   noncitizen, how would this language, which is new 

 6   to this bill, how would that impact a person who 

 7   would be found on one of those lists?

 8                SENATOR GIANARIS:   Mr. President, 

 9   as I'm sure the Senator knows, most criminal 

10   allegations require a showing of intent on the 

11   part of the accused.  So this bill does not 

12   change the fact that absent the showing of an 

13   intention to improperly register, there is a 

14   presumption that that was not the case.  

15                So we're not actually changing 

16   anything about the way the law functions as it 

17   relates to voter fraud other than to clarify, 

18   once again, that if there is not an indication 

19   that someone intentionally registered and voted 

20   improperly, that they will not be deemed to have 

21   intentionally voted and registered improperly.

22                SENATOR ORTT:   Through you, 

23   Mr. President, if the sponsor will continue to 

24   yield.

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               78

 1   the sponsor yield?

 2                SENATOR GIANARIS:   Yes.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR ORTT:   Through you, 

 6   Mr. President, I want to go back to this 

 7   question, because there is a distinct difference 

 8   from current law to what this bill would do.  

 9   Because under current law, someone has to 

10   affirmatively register to vote.  They have to opt 

11   in.  This bill, at its core, changes that to you 

12   would have to opt out, otherwise you would be 

13   automatically registered to vote.  

14                And so again, I go back.  By that 

15   logic, anyone that's automatically registered 

16   would have the presumption of innocence.  It 

17   would be very, very difficult for someone who 

18   wanted to prosecute and enforce existing law in 

19   the State of New York and this country, because 

20   you'd have the presumption that it was in error.  

21   And I view that as certainly as the purpose.  

22                I'm curious as to why that language 

23   was put into this bill when it was not in the 

24   original bill.

25                SENATOR GIANARIS:   Mr. President, 


                                                               79

 1   let me just clarify.  That language was in the 

 2   original bill.  That was always a part of what 

 3   we're trying to do.  

 4                What we're trying to solve is the 

 5   fact that there's up to 2 million New Yorkers who 

 6   are eligible to vote, unquestionably eligible to 

 7   vote, who are not on the voter rolls.  And a 

 8   number of other states have taken this approach 

 9   where, once we have the information that someone 

10   is an eligible voter and is of age, that they 

11   will be added to the rolls once the appropriate 

12   government agencies have that knowledge and 

13   transmit it to the Board of Elections.

14                SENATOR ORTT:   Through you --

15                SENATOR GIANARIS:   There -- I'm 

16   sorry, I wasn't concluded, Senator.

17                What I -- what I keep hearing, and I 

18   remember this from last year's debate as well, is 

19   some suggestion that there's a group of people 

20   out there who are nefariously organizing to 

21   register and go vote under penalty -- I guess, 

22   since I believe you're talking about noncitizens, 

23   under penalty of deportation.  And there's no 

24   evidence that that is occurring in New York or 

25   anywhere else.


                                                               80

 1                Now, mind you, if someone is so 

 2   motivated to do that, they can walk into the 

 3   Board of Elections right now and improperly 

 4   register to vote, and they would be subject to 

 5   appropriate penalties.  

 6                All we are trying to do here is make 

 7   it easier for people to vote.  That's what we did 

 8   last year, and that's what we're doing now.

 9                Now, I should also point out that my 

10   colleague who is asking his questions is opposed 

11   to this bill, clearly, but he also voted against 

12   early voting.  He voted against our efforts to 

13   have no-cause absentee voting.  He voted against 

14   16- and 17-year-olds being able to preregister to 

15   vote.  He voted against same-day registration.  

16   He voted against mandatory recounts in close 

17   elections.  And of course he voted against last 

18   year's iteration of the Automatic Voter 

19   Registration Act.

20                So I guess if I had the ability to 

21   ask you to yield and answer a question of mine, 

22   why do you oppose democracy so much that you 

23   can't find a single one of the bills that we 

24   passed to make it easy for people to vote in this 

25   state that you could support?  


                                                               81

 1                SENATOR ORTT:   Through you, 

 2   Mr. President, I will answer the sponsor's 

 3   question and then we'll get back to his bill, 

 4   which is why we're here today.  

 5                None of these Election Law changes 

 6   today, Mr. President, or last year, had anything 

 7   to do with democracy, and everyone knows that.  

 8   This is about the Majority cherry-picking laws to 

 9   try to drive up turnout in areas that they 

10   believe have a partisan advantage to them.  Plain 

11   and simple.  

12                And the bill that we have before us 

13   today doesn't increase voting, it increases 

14   registration.  It has nothing to do with 

15   increasing voting.  And in fact, when we get to 

16   the bill-in-chief and I'm on the bill, I will 

17   outline the many things that it will do to 

18   encourage, clearly, folks getting registered who 

19   either do not want to be or folks getting 

20   registered that should not be under federal and 

21   current state law.

22                So if we could get back to the 

23   sponsor's bill, would he continue to yield for 

24   some questions?

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               82

 1   the sponsor yield?  Does the sponsor yield?  

 2   Sponsor, do you yield?

 3                SENATOR GIANARIS:   Yes, 

 4   Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR ORTT:   Great.

 8                Through you, Mr. President, is a 

 9   signature required to be registered under this 

10   law?

11                SENATOR GIANARIS:   Yes, 

12   Mr. President.

13                SENATOR ORTT:   Through you, 

14   Mr. President.  Just one moment.  I would like 

15   the sponsor to yield for more questions.

16                ACTING PRESIDENT BENJAMIN:   Will 

17   the sponsor yield for a few questions?

18                SENATOR ORTT:   Through you, 

19   Mr. President, in the sponsor's bill --

20                ACTING PRESIDENT BENJAMIN:   Hold 

21   on.  We're waiting for the sponsor to yield.

22                Will the sponsor yield for a few 

23   questions?

24                SENATOR GIANARIS:   Yes, 

25   Mr. President.


                                                               83

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR ORTT:   Through you, 

 4   Mr. President.  The language in the sponsor's 

 5   bill -- I would direct him to Section 5-902, 

 6   "Failure to receive exemplar signature not to 

 7   prevent registration.  If a voter registration 

 8   exemplar signature is not received from an 

 9   applicant who submits a voter registration or 

10   preregistration application pursuant to this 

11   title and such a signature exemplar is not 

12   otherwise available," that that would not 

13   preclude the individual from being registered.  

14                So as I read it, you could have 

15   someone end up being registered without a valid 

16   signature.  Is that accurate?  And if not, could 

17   the sponsor educate me as to why that's not the 

18   case?  

19                SENATOR GIANARIS:   I believe the 

20   section that the Senator is referring to says 

21   that in the absence of a signature being 

22   transmitted due to the way the applications are 

23   processed or transmitted to the board, that the 

24   board will notify the registrant within a certain 

25   amount of time to have them submit a proper 


                                                               84

 1   signature and then subsequently allow them to 

 2   vote by affidavit ballot, if I remember 

 3   correctly, if they show up to vote before that 

 4   takes place.

 5                That is akin to so many instances 

 6   where the Board of Elections somehow doesn't have 

 7   someone's information on their registration form 

 8   and they go to vote and they are allowed to vote 

 9   by affidavit ballot, which as the Senator knows, 

10   I'm sure, does not count until the board goes and 

11   verifies that the person is actually eligible to 

12   vote.

13                SENATOR ORTT:   Through you, 

14   Mr. President, if the sponsor will continue to 

15   yield.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield? 

18                SENATOR GIANARIS:   Yes.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR ORTT:   Through you, 

22   Mr. President, if there is a challenge to a 

23   registration or to an absentee ballot -- which, 

24   as everyone in this room knows, does happen -- 

25   would the person bringing the challenge be able 


                                                               85

 1   to review or to view the signature of a specific 

 2   registered voter? 

 3                SENATOR GIANARIS:   Yes, I believe 

 4   so.

 5                SENATOR ORTT:   That's a yes, 

 6   Mr. President?

 7                SENATOR GIANARIS:   Yes.

 8                SENATOR ORTT:   Through you, 

 9   Mr. President, if the sponsor will continue to 

10   yield.

11                ACTING PRESIDENT BENJAMIN:   Does 

12   the sponsor yield?

13                SENATOR GIANARIS:   Yes.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR ORTT:   Through you, 

17   Mr. President, what is the -- I have to imagine 

18   right now the local Board of Elections are the 

19   ones who administer voter rolls.  This is 

20   changing it where it's calling on the State Board 

21   of Elections to administer these rolls.  What 

22   would the role be for the local Board of 

23   Elections?  Would they continue to also 

24   administer rolls, or would all of that activity 

25   transfer to the State Board of Elections?  


                                                               86

 1                SENATOR GIANARIS:   It's my 

 2   understanding, Mr. President, this would operate 

 3   through existing procedures the board has under 

 4   the Help America Vote Act, which has been in 

 5   place for many, many years.  The state board 

 6   maintains a database, and it can then communicate 

 7   with local boards as necessary to transmit the 

 8   appropriate information to them.

 9                SENATOR ORTT:   Through you, 

10   Mr. President.  So local Board of Elections would 

11   continue --

12                ACTING PRESIDENT BENJAMIN:   Are you 

13   asking the sponsor to yield?  

14                SENATOR ORTT:   Yes, through you, if 

15   the sponsor will yield. 

16                ACTING PRESIDENT BENJAMIN:   Will 

17   the sponsor yield?

18                SENATOR GIANARIS:   Yes, 

19   Mr. President.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR ORTT:   So through you, 

23   Mr. President, local Board of Elections would 

24   continue to do what they've done, as well as the 

25   State Board of Elections.  You'd have two 


                                                               87

 1   agencies overseeing voter rolls.

 2                SENATOR GIANARIS:   Yes, they would 

 3   operate the same way they are already operating 

 4   as it relates to things of this nature, yes.  

 5                And I would think the Senator will 

 6   be pleased with that, since he seems concerned 

 7   about appropriate oversight to make sure 

 8   everything is being done properly.

 9                SENATOR ORTT:   Through you, 

10   Mr. President, I am pleased.

11                Through you, Mr. President, would 

12   the sponsor continue to yield?  

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?

15                SENATOR GIANARIS:   Yes.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR ORTT:   Through you, 

19   Mr. President, is there a fiscal impact to this 

20   bill?  I have to believe that the State Board of 

21   Elections, despite existing procedures and 

22   practices, there's no question there is an 

23   additional workload to administer these voter 

24   rolls for new voters.  Which, no question, is the 

25   goal, to have more people registered.  So I find 


                                                               88

 1   it hard to believe that there's not a fiscal 

 2   impact to the state, at the least, under this 

 3   bill.

 4                SENATOR GIANARIS:   If the question 

 5   is will there be a fiscal impact, yes, I expect 

 6   the administration of this system will have some 

 7   costs associated with it.  

 8                I should also point out that the 

 9   legislation does not call for the bill to be 

10   implemented for two years, and that does give 

11   enough time both for the boards to ramp up and 

12   have the proper procedures in place and for the 

13   state to determine costs and make the appropriate 

14   appropriations.

15                SENATOR ORTT:   Through you, 

16   Mr. President, on the bill.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Ortt on the bill.

19                SENATOR ORTT:   Through you, 

20   Mr. President, I would like to thank Senator 

21   Gianaris for his answers.  

22                But the reality is that everyone in 

23   this chamber knows, and people across this state 

24   know, last year we made a major shift here in 

25   New York State.  We passed a law, affectionately 


                                                               89

 1   known as the Green Light Law, which provides 

 2   driver's licenses to illegal immigrants.  That 

 3   was the sole point of the bill.  And the result 

 4   of that is we've had tens of thousands of illegal 

 5   immigrants going to DMVs across the state to get 

 6   driver's licenses.  Not unsurprisingly, the DMV 

 7   is one of the agencies that any contact would 

 8   initiate automatic voter registration.  

 9                And two things I think are important 

10   in this bill.  One is it says should someone 

11   register to vote unlawfully, they may be subject 

12   to criminal penalties.  There's no "may" about 

13   it.  I'm not an attorney and I know the 

14   difference between "may" and "shall."  They shall 

15   face criminal penalties.  It is a crime.  It is a 

16   felony.  But yet it says "may."  

17                Now, the reason it says "may," as 

18   the sponsor talked about, is because we have 

19   language in here that there's a presumption of 

20   innocent authorized error.  Which legally means 

21   it will be very difficult to prosecute anyone who 

22   registers and casts a ballot.

23                Now, I don't know if there are 

24   legions of people who are festering to register 

25   illegally.  But I do know that laws that we are 


                                                               90

 1   passing in this chamber, including this one, are 

 2   certainly making it far more likely that someone 

 3   who is here illegally will be registered to vote, 

 4   because it automatically registers, it 

 5   automatically puts them in.

 6                And I have some disagreement with 

 7   the sponsor about the requirement of a signature, 

 8   because I clearly see here that somebody could be 

 9   registered absent a authorized signature.  And 

10   that's the only form of I.D. we have in this 

11   state, by the way, is our signatures.

12                So passing this bill today on the 

13   heels of last year's Green Light Law, and passing 

14   this bill here today instead of addressing 

15   greater needs, to me continues the theme of the 

16   Majority that there's a greater priority around 

17   those who have broken our laws than around those 

18   who follow them.  That can be, to me, undeniable.  

19                We know why this bill is being put 

20   forward today.  We know last year it passed in 

21   the Assembly -- the New York State Assembly, 

22   those conservative Democrats from the City of 

23   New York in the Assembly, did not pass this bill.  

24   They did not pass this bill.  And I heard from 

25   the Majority Leader over there they haven't even 


                                                               91

 1   conferenced this bill.  

 2                But here we are, out of the gate 

 3   today, passing this bill for one reason only, and 

 4   that's to further chip away at what it means to 

 5   be an American citizen, and to further chip away 

 6   and move towards giving voting rights to 

 7   noncitizens and those who are here illegally.  

 8   And there are people on this floor in the 

 9   Majority who have advocated for exactly that.  So 

10   we're not making this up.

11                So, Mr. President, I'll be voting no 

12   and I encourage all my members, both in my 

13   conference and the other conference, to vote no 

14   as well.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Jacobs.

17                SENATOR JACOBS:   On the bill.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Jacobs on the bill.

20                SENATOR JACOBS:   Thank you very 

21   much, Mr. President.  I just wanted to quickly 

22   echo a lot of the fine comments of my colleague.

23                When the Green Light legislation was 

24   brought up last year, I talked about it and my 

25   concerns in largely my experience as the Erie 


                                                               92

 1   County Clerk, who ran one of the larger auto 

 2   bureaus around the state, my concern of illegal 

 3   immigrants registering to vote at DMVs.  

 4                Over the years we've made it very 

 5   easy for individuals to register to vote at DMVs, 

 6   a very good thing.  But the procedures and 

 7   technologies we put in to make it easy never 

 8   contemplated that illegal immigrants would be 

 9   transacting business and getting driver's 

10   licenses at the DMV.

11                And the way it is designed right 

12   now, there's tablets that have been instituted 

13   where a couple of strokes on the tablet will 

14   register you to vote.  And one of the questions 

15   is "Are you a citizen of the U.S.?"  If the 

16   individual hits -- is not a citizen but does hit 

17   yes, that they are, they are registered to vote, 

18   that information goes to the Board of Elections, 

19   and that person will be able to vote at the next 

20   election.

21                I voiced significant concerns about 

22   that, that this will cause many of those that are 

23   illegal immigrants would be on our voter rolls.

24                What I see here today is the Green 

25   Light Bill on steroids.  This will remove even 


                                                               93

 1   that step of them having to hit that stroke on 

 2   the tablet.  They will be automatically 

 3   registered to vote.  And I think it is very clear 

 4   we will see a significant increase in 

 5   registrations and, in turn, vulnerability to 

 6   illegal immigrants actually voting.

 7                And I would say that I am heartened 

 8   to hear that perhaps the Assembly will slow down 

 9   this process and look to put some, at minimum, 

10   requirements that there is a citizenship question 

11   like actually the Commonwealth of Pennsylvania 

12   has done in amending their automatic voter 

13   registration legislation because of concerns and 

14   problems they will have.

15                I also just wanted to quote really 

16   quickly the Secretary of State of California, who 

17   is a Democrat, who has voiced significant 

18   concerns about the integrity of the voting 

19   process, and I will quote:  "My concern is it 

20   risks jeopardizing confidence in the electoral 

21   process."  

22                This is a real serious problem.  I 

23   had heard one comment that the DMV officials will 

24   only forward to the Board of Elections those -- 

25   those documents of -- those that have transacted 


                                                               94

 1   business of those that are citizens.  But 

 2   actually my reading and understanding of the 

 3   Green Light Bill is it prohibited DMV workers 

 4   from asking that question.

 5                So I think for many of these 

 6   reasons, this is going to exacerbate a problem 

 7   that was created, started with the Green Light 

 8   Bill.  For all those reasons, I vote no.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Borrello.

11                SENATOR BORRELLO:   On the bill.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Borrello on the bill.

14                SENATOR BORRELLO:   Thank you, 

15   Mr. President.  

16                Even though I'm the new guy here, 

17   Mr. President, I come here as a 10-year veteran 

18   of county government, including two years as 

19   county executive in Chautauqua County.  And I 

20   come here knowing full well that this body often 

21   unintentionally likes to create chaos at the 

22   local level -- chaos when it comes to unfunded 

23   mandates, chaos when it comes to administering 

24   the laws that were poorly thought out, without 

25   the proper resources.  


                                                               95

 1                And this is another example of that, 

 2   Mr. President, where we are going to heave upon 

 3   local government -- our DMVs, Department of 

 4   Health, everyone else that works hard every day 

 5   to deliver the services for counties all across 

 6   the state are now going to have to deal with this 

 7   and will likely not get the funding that they 

 8   need to do so.  This is something that I 

 9   certainly am very concerned with.  

10                Also, we are talking about fraud.  

11   And although my colleagues believe that there 

12   will be no fraud created here, I can tell you 

13   again, as a veteran of local government, that 

14   this will indeed encourage a tsunami of fraud 

15   that the folks in local governments at every 

16   small community and county across the state will 

17   have to deal with.  This is not the way to go 

18   about this.  

19                It's also interesting to me that 

20   this is about people only coming in contact with 

21   government in some way.  This is not about 

22   registering everyone.  This is about registering 

23   people who have come into contact with government 

24   to collect benefits, to perhaps address mental 

25   health issues that they have.  Those are the 


                                                               96

 1   folks that are going to automatically be 

 2   registered -- people that may not even understand 

 3   the impact of voting.  It's about influencing 

 4   people who otherwise should not understand and 

 5   will not understand.  I find that really 

 6   abhorrent.  

 7                So I'll be voting no on this.  Thank 

 8   you, sir.

 9                ACTING PRESIDENT BENJAMIN:   Are 

10   there any other Senators wishing to be heard?  

11                Seeing and hearing none, debate is 

12   closed.

13                The Secretary will ring the bell.

14                Read the last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect on the earlier occurrence 

17   of (i) two years after it shall have become a 

18   law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Gianaris to explain his vote.

24                SENATOR GIANARIS:   Thank you, 

25   Mr. President.  Let me thank my colleagues who 


                                                               97

 1   are supporting this important legislation.

 2                I guess on this first day of 

 3   legislative business it's becoming clear we're 

 4   going to enjoy watching the robust Republican 

 5   primary for Congress in Western New York 

 6   unfolding on our floor.  

 7                (Laughter.)

 8                SENATOR GIANARIS:   So I guess we're 

 9   going to get used to hearing the voices of a 

10   couple of our good colleagues.

11                Some of the things I heard during 

12   the debate were frankly startling, and I just 

13   wanted to focus on it.

14                One of my colleagues said that this 

15   bill has nothing to do with voting, it has to do 

16   with registering to vote.  Let me just let that 

17   sink in for a second.  Because you can't vote 

18   unless you're registered to vote.  So obviously 

19   making more people registered means more people 

20   are eligible to vote, which means more people 

21   will in fact vote.  

22                And we know from other states that 

23   have implemented automatic registration -- there 

24   are 16 of them across this country -- that that's 

25   exactly the effect that it has.  


                                                               98

 1                I did mention the long list of bills 

 2   that we have done to make it easier for people to 

 3   vote and make our democracy work better.  And the 

 4   fact that a number of the bills that we passed -- 

 5   in fact all of them, I think, that I listed -- 

 6   were opposed by some of the same people that were 

 7   expressing concerns and opposition to this bill.

 8                And one of the responses was that 

 9   this is some kind of diabolical scheme to make 

10   sure that more people in areas of the state that 

11   are favorable to Democrats are voting.  I would 

12   encourage my colleagues to look at the data from 

13   the November elections.  The amount of early 

14   votes that were cast in this state were far 

15   disproportionately outside the City of New York 

16   than in the City of New York.  Which means all we 

17   really did was make it easier for the over a 

18   quarter-million people in the state who took 

19   advantage of early voting to vote in parts of 

20   upstate New York, in the suburbs of New York.  

21                And so I can't imagine for the life 

22   of me why some of my colleagues would want the 

23   people they represent to not vote.  Actually, I 

24   can imagine why, but it's exactly for the reason 

25   that they suggested they're opposing this bill, 


                                                               99

 1   which is they only want the people to vote who 

 2   they think are going to vote for them.  And 

 3   that's what this comes down to.

 4                I am glad that people upstate got to 

 5   vote in bigger numbers, I'm glad that people in 

 6   Western New York got to vote in bigger numbers 

 7   because we did early voting.  And automatic 

 8   registration is only going to make that happen 

 9   all the more.  And I would think that's something 

10   we should all be able to agree on in this 

11   chamber.

12                I do want to stress one other thing, 

13   because demagoguery was in effect today here on 

14   this floor once again.  The agencies 

15   responsible -- let me repeat, the agencies 

16   responsible for implementing this plan have the 

17   responsibility not to transmit applications for 

18   registration to the Board of Elections if they 

19   know that the person is not eligible to vote.  

20   The two agencies that we have in this bill, DMV 

21   and DOH, Motor Vehicles and Department of Health, 

22   are the two agencies that have that information.  

23                So it is not just simply up to the 

24   applicant to decide whether they're going to be 

25   passed along to the board or not.  Government 


                                                               100

 1   representatives in these agencies will bear that 

 2   responsibility as well.  So there is a safeguard 

 3   against the types of fraud our colleagues are 

 4   concerned about.  Which, by the way, there's no 

 5   evidence it's been taking place in all the states 

 6   that have already implemented automatic 

 7   registration.

 8                And the last point I'd like to make 

 9   is someone, in speaking on the bill, said that 

10   the problem they have is that people who will not 

11   understand what it means to vote will be 

12   registered to vote.  That is a horrible and 

13   dangerous reason to deny people the right to 

14   vote.  That has been used as the basis for all 

15   sorts of awful laws in this country to 

16   disenfranchise people, everything from tests -- 

17   I.Q. tests or tests to ensure someone is educated 

18   enough to know what they're doing when they vote.

19                And so I would really caution my 

20   colleagues.  I mean, make your political points 

21   and do what you've got to do, we all understand 

22   it.  But do not harken back to the things this 

23   country has left far in the past of establishing 

24   some kind of criteria that you decide you want 

25   for whether someone should be able to vote or 


                                                               101

 1   not.

 2                If someone is of age and if someone 

 3   is a citizen, they get to vote in this country.  

 4   That's how it works.  Because everyone deserves 

 5   representation, and everyone deserves to have 

 6   their voice heard in our democracy.

 7                So I am proud that we're taking this 

 8   important step today, Mr. President.  I thank my 

 9   colleagues who are making our democracy work that 

10   much better.  Thank you.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Gianaris to be recorded in the affirmative.

13                Senator Savino to explain her vote.

14                SENATOR SAVINO:   Thank you, 

15   Mr. President.  

16                First, welcome back, everyone.  And 

17   I want to thank Senator Gianaris for, first, 

18   explaining my explanation of the vote, because he 

19   covered a lot of the things that I wanted to say.  

20                But I also want to say to him that 

21   earlier this year when this bill first came out, 

22   there was a recognition that there were some 

23   errors.  And what he did is he took the time to 

24   correct it and make it better and answer the 

25   concerns that people had.  


                                                               102

 1                And so let's think about where we're 

 2   asking people to go.  First I want to -- I also 

 3   want to make one point.  Earlier this year when 

 4   we passed the Green Light Bill, we didn't give 

 5   anybody driver's licenses.  We gave people the 

 6   opportunity to apply.  And on balance, it was the 

 7   right thing to do, because people are driving on 

 8   our roads and it's in our interest, as the 

 9   public, to make sure that they are adequately 

10   licensed, prepared and trained and know how to 

11   operate a motor vehicle.  And, more importantly, 

12   if they're caught without a driver's license, 

13   there's an aggravated complaint against them.  

14   That's why we did that.

15                The two agencies that will 

16   administer this automatic voting are the two 

17   agencies that are required by law to collect 

18   information from people.  You have to produce it 

19   for them; you cannot get public assistance 

20   benefits, you can't get Department of Health 

21   benefits unless you prove who you are.  

22                So we know that the people who are 

23   going to be going in there, they're going to fill 

24   out that application and also they are going to 

25   have to sign, after having guaranteed that if you 


                                                               103

 1   are not a citizen of the United States, you must 

 2   check the box below:  Noncitizens who register or 

 3   preregister to vote may be subject to criminal 

 4   penalties, and such voter registration or 

 5   preregistration may result in deportation or 

 6   removal, exclusion from admission to the United 

 7   States, or denial of naturalization.  

 8                Now, I will say this.  I've been in 

 9   the Senate 15 years now, going into my 16th year.  

10   I have gone before the voters every two years 

11   since 2004.  I'm pretty popular.  People like me.  

12   I haven't met a single person yet who was willing 

13   to commit a felony to vote for me or risk 

14   deportation, and I'd be damned if anybody else 

15   could find a voter who was willing to do that for 

16   them.  

17                This is common sense.  It provides 

18   the necessary protections.  It does something to 

19   address the fact that we are spending millions of 

20   dollars every year on elections that nobody is 

21   turning out to.  We need to find a way to make it 

22   easier for people to vote, and this is in the 

23   right direction.  I vote in the affirmative.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               104

 1   Savino to be recorded in the affirmative.

 2                Senator Myrie to explain his vote.

 3                SENATOR MYRIE:   Thank you, 

 4   Mr. President.

 5                I'd first like to start with 

 6   thanking our Deputy Majority Leader for his 

 7   sponsorship of the bill, for his explanation and 

 8   debate of the bill, and really leading the 

 9   conference in starting off with democracy, as we 

10   did last session.  

11                I want to ask New Yorkers to pay 

12   very close attention to the first debate that we 

13   had this year.  I want you to listen to both 

14   sides of these arguments and ask yourself why 

15   New York has been the worst in voter 

16   participation for so long.  What you hear is 

17   apathy and outright disdain for the voter:  This 

18   is an unfunded mandate.  This has nothing to do 

19   with voting.  You don't understand how to vote.  

20   Why are we increasing participation?  

21                Is it any wonder why this state has 

22   been at the bottom of the entire country?  The 

23   disrespect for the voter was on full display 

24   today.  

25                And what this Majority has done, in 


                                                               105

 1   the face of inaction, in the face of opposition, 

 2   in the face of apathy, has said, We respect the 

 3   voter.  We want you to participate in your 

 4   democracy.  We want to make it easier for you to 

 5   do it.  You want to talk about unfunded mandates, 

 6   we put $10 million in the budget for early 

 7   voting.  You want to ask us, is this a partisan 

 8   advantage?  There were 256,000 New Yorkers who 

 9   participated in early voting of all parties.  

10                This had nothing to do with us 

11   trying to gain an advantage.  Because guess what?  

12   We have the advantage.  We're in the majority.  

13   This is about increasing participation in our 

14   democracy.

15                Now, there were several references 

16   to the Green Light Law.  And I understand that 

17   change is difficult.  But what we saw when the 

18   Green Light Law went into effect were tens of 

19   thousands of our New Yorkers applied for licenses 

20   that couldn't do it before.  And in every single 

21   instance, guess how many instances of fraud we 

22   have found?

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Myrie, how do you vote?

25                SENATOR MYRIE:   I vote in the 


                                                               106

 1   affirmative.  

 2                (Laughter.)

 3                SENATOR MYRIE:   Thank you.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Myrie to be recorded in the affirmative.

 6                Senator Boyle to explain his vote.

 7                SENATOR BOYLE:   Mr. President, to 

 8   explain my vote.  

 9                I'd like to speak for the millions 

10   of Americans who have not been discussed in this 

11   entire debate, those New Yorkers that do not want 

12   to be registered to vote.  There are many, many, 

13   many of them, for many reasons.  

14                All of us have knocked on doors in 

15   our districts over the years.  I've gone to rich 

16   places, poor places, and in the middle, and in 

17   the houses next door no one's registered to vote.  

18   I may see them outside, say, "You know, you're 

19   not registered to vote."  "Yeah, I don't want to 

20   be."  "Why not?"  I've had a thousand different 

21   answers:  I don't want to be called for jury 

22   duty.  I don't want to be put on any list.  I 

23   don't want to -- I think you're all corrupt.  Not 

24   you, Phil, but all the rest of the people, all 

25   the rest of the politicians are corrupt.  I want 


                                                               107

 1   nothing to do with this system.  

 2                And so we're going to find in the 

 3   years to come we're going to have people that are 

 4   registered to vote that did not want to be 

 5   registered to vote.  And I know you say we can't 

 6   do it; why are we making them opt out?  We've 

 7   been very good over the last many years about 

 8   making it easier, more access -- DMV, all the 

 9   other ways that people can go to register to 

10   vote.  They can go to the post office.  It's 

11   very, very simple.  Let them opt in and have the 

12   freedom to choose whether they want to be 

13   registered to vote, and they'll make the 

14   decision.

15                I vote in the negative.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Boyle to be recorded in the negative.

18                Senator Funke to explain his vote.

19                SENATOR FUNKE:   Thank you, 

20   Mr. President.  

21                Let me take a little bit broader 

22   view of this issue.  There's been a lot of 

23   discussion about responsibility today, and I wish 

24   people would take responsibilities for certain 

25   things.  


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 1                I think we should do everything we 

 2   can to encourage people to vote, I really do.  

 3   But what we're discussing here is a balance 

 4   between rights and responsibilities, it seems to 

 5   me.  That's a long-standing discussion that goes 

 6   back to our founding fathers.  

 7                Voting is a fundamental right.  So 

 8   is free speech, so is the right to bear arms, so 

 9   is freedom of religion.  However, in every case 

10   we balance rights with responsibility.  You have 

11   the right to free speech; you can't threaten 

12   violence and you can't cry "fire" in a crowded 

13   theater.  If you want to assemble and protest, 

14   you need a permit, and that permit may require 

15   you to use a different location than the one that 

16   you prefer.  

17                We have freedom of religion, but the 

18   courts have ruled expressions of religion have to 

19   be limited in the public square and on the public 

20   property.  And to the extent that they can 

21   happen, they must be done under clear guidelines 

22   and with clear limitations.  

23                We have the right to bear arms, but 

24   we also have numerous restrictions and permits 

25   that limit that right.  All of which my 


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 1   colleagues on the other side certainly support 

 2   and constantly argue for more restrictions.

 3                So now we come to voting.  People 

 4   should vote.  That's the backbone of our 

 5   democracy.  No one should interfere with the 

 6   right to vote or unduly restrict it.  But can 

 7   anybody say with a straight face that filling out 

 8   a half-page form is somehow an unreasonable 

 9   restriction?  Does anybody think that it's really 

10   too hard to register to vote, that people don't 

11   know where they can find a registration form?  I 

12   doubt anybody sincerely believes that.  

13                Instead, we have a situation where 

14   of all the rights that exist, my Democratic 

15   colleagues want this one unrestricted and free of 

16   the responsibility and the accountability that 

17   accompanies every other right that we enjoy.  

18   They don't want to require even a minimal effort 

19   from our citizens.  Some may even say they don't 

20   even care if somebody is actually a citizen.  

21                And why?  I'm going to say it again.  

22   I think it goes back to politics.  It is a state 

23   where Democrats already outnumber Republicans 

24   almost three to one.  God bless you.  And now 

25   automatically registering the balance of the 


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 1   populace is going to help you even more.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Funke, how do you vote?

 4                SENATOR FUNKE:   So this isn't about 

 5   rights or balancing rights with responsibility or 

 6   overcoming barriers to voting, Mr. President.  

 7   This is about one political party trying to gain 

 8   a further advantage.  That's why I'm voting no.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Funke to be recorded in the negative.

11                Senator Sanders to explain his vote.

12                SENATOR SANDERS:   Thank you, 

13   Mr. President.

14                First I want to congratulate my new 

15   colleague.  I think that was his first speech.  

16   Well done.  

17                I've heard the arguments, and some 

18   of the arguments that are being raised against 

19   this really need consideration, and we really do 

20   need to give to it, give consideration.  

21                However, I am, you know, perturbed 

22   when I hear things like people who don't 

23   understand how to vote, and things of that 

24   nature, because I come at -- my background, my 

25   father was a sharecropper and there were laws 


                                                               111

 1   that they could -- that forbade them from voting.  

 2   They had to read a section of the Constitution.  

 3   And no matter how well they read it, they were 

 4   voted against.  It was said no, you didn't do it 

 5   right.  So that argument is very -- it's personal 

 6   to me.

 7                I'm glad that we put in money so 

 8   that this is not an unfunded mandate.  

 9   Mr. President, the problems of democracy can only 

10   be solved by using democracy, and more democracy, 

11   not less.  Not taking away freedoms, but more 

12   freedom.

13                Under those conditions, 

14   Mr. President, I vote yes.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Sanders to be recorded in the affirmative.

17                Senator Hoylman to explain his vote.

18                SENATOR HOYLMAN:   Thank you, 

19   Mr. President.  Happy New Year.  

20                I wanted to thank Senator Gounardes 

21   and Senator Myrie for their leadership.

22                You know, Happy New Year, everyone.  

23   But it is a sad state of affairs for our friends 

24   across the aisle when they say more New Yorkers 

25   voting creates a partisan advantage for 


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 1   Democrats.  That doesn't make sense.  

 2                To me, our friends across the aisle 

 3   need to come up with better ideas.  I can 

 4   understand why your leader was so visibly 

 5   frustrated -- I would argue, incandescent with 

 6   rage -- that we are taking up an issue that 

 7   expands the franchise and that allows more 

 8   New Yorkers to vote.  Because, Mr. President, 

 9   clearly, clearly the ideas on this side of the 

10   aisle are prevailing.

11                And I'll point out the fact, when it 

12   comes to voter fraud, that incident rates of 

13   voter fraud are between 3/10,000ths and 

14   25/10,000ths of a percent.  So, Mr. President, 

15   you are more likely to be struck by lightning 

16   than impersonate another voter at the polls.  

17                I vote aye.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Hoylman to be recorded in the affirmative.

20                Senator Harckham to explain his 

21   vote.

22                SENATOR HARCKHAM:   Thank you, 

23   Mr. President.

24                Happy New Year, everyone.

25                I just want to follow up on the 


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 1   excellent comments of Senator Gianaris, one 

 2   specifically, that we somehow should restrict 

 3   access to voting because people might be applying 

 4   for mental health services.  In New York State we 

 5   do not disenfranchise people who have mental 

 6   health issues and who seek services.  That's the 

 7   stigmatization that has killed people for 

 8   decades, that we fight against.

 9                You know, a number of us in a 

10   bipartisan way traveled around the state with the 

11   Opioid Task Force, and the number-one issue that 

12   we heard is stigmatization.  And it is rampant 

13   across this state with substance use disorder, 

14   with mental health issues.  And we don't say, in 

15   the State of New York, we don't want to offer you 

16   the right to register to vote because, by the 

17   way, we're concerned you might have a mental 

18   health issue.  I just had to comment on that.

19                I vote aye.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Harckham to be recorded in the affirmative.

22                Senator Lanza to explain his vote.

23                SENATOR LANZA:   Thank you, 

24   Mr. President.  

25                You know, it seems to me lately I've 


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 1   noticed that the very tolerant left considers any 

 2   disagreement or opposition as incandescent rage 

 3   to be stamped out and not listened to.  So let me 

 4   lay a little incandescent rage on the floor here.  

 5                Let me say I want every eligible 

 6   citizen, person, who desires to register to vote 

 7   to register to vote, every single last person 

 8   here in the state who is eligible.  And we should 

 9   do all we can to make that an easy and fair 

10   policy and process.

11                I'm going to vote no on this 

12   legislation for one simple reason.  In spite of 

13   the discussion concerning there being safeguards 

14   with respect to those who are not eligible to 

15   vote being automatically registered, the very 

16   language in this bill circumvents those.  

17                Here's the way it will work.  Under 

18   the Green Light Law, someone appears at 

19   Motor Vehicles, applies for a driver's license 

20   who is not a citizen.  That person will be 

21   automatically registered to vote.  I take 

22   exception to what Senator Savino mentioned as 

23   this requirement for a signature.  I know, 

24   Senator Carlucci, it's early in the year for me 

25   to be disagreeing with Senator Savino.  


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 1                (Laughter.)

 2                SENATOR LANZA:   But the very 

 3   legislation says whether or not there is a 

 4   signature on that document, that person is 

 5   registered to vote.  

 6                With respect to the sponsor's 

 7   statement that Motor Vehicles has a 

 8   responsibility with respect to whether or not 

 9   someone here is a citizen or not, we know by the 

10   original law that they can't even ask that 

11   question in terms of whether or not someone is a 

12   citizen.  So there is no safeguard here that a 

13   person who is not a citizen will be registered to 

14   vote.

15                Now, I know for many that's okay.  

16   For me, it is not, and that's why I'll be voting 

17   no.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Lanza to be recorded in the negative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 2, those Senators voting in the 

23   negative are Senators Akshar, Amedore, Borrello, 

24   Boyle, Flanagan, Funke, Gallivan, Griffo, 

25   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 


                                                               116

 1   O'Mara, Ortt, Ritchie, Robach, Serino and 

 2   Tedisco.

 3                Ayes, 40.  Nays, 20.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                Senator Gianaris, that completes the 

 7   reading of the controversial calendar.

 8                SENATOR GIANARIS:   Is there any 

 9   further business at the desk?

10                ACTING PRESIDENT BENJAMIN:   There 

11   is no further business at the desk.

12                SENATOR GIANARIS:   I move to 

13   adjourn until Monday, January 13th, at 3:00 p.m., 

14   intervening days being legislative days.

15                ACTING PRESIDENT BENJAMIN:   On 

16   motion, the Senate stands adjourned until Monday, 

17   January 13th, at 3:00 p.m., intervening days 

18   being legislative days.

19                (Whereupon, at 2:09 p.m., the Senate 

20   adjourned.)

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