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Summary Conclusions and Recommendations Background and Overview Methodology Appendix A Appendix B Appendix C Release: Surveys Find New ID Checks Threaten To Disenfranchise Voters

Right Number, But the Wrong Answer

A Survey of New York 's Local Boards of Elections' Answers
about New Identification Requirements for Voters

Summary

This fall, many New York voters will be required to present identification at the polls in order to vote on machines as the result of a new federal law - The Help America Vote Act (HAVA). NYPIRG conducted a survey of the New York's County Boards of Elections to determine how the identification (ID) provisions were being interpreted and explained to voters (see attached questionnaire).

Our results are troubling. Few Boards of Elections are accurately informing impacted voters of their right to present a wide variety of IDs at the polls on Election Day. Our survey also revealed that there is a wide disparity of information being given out to New Yorkers who call their local Board of Elections. Our findings indicate a lack of meaningful guidance and oversight by the State Board of Elections and demonstrate substantial confusion at the county Board of Elections level. Unfortunately, the distribution of factually incorrect information by local Boards could also lead to the disenfranchisement of voters on Election Day. Among our findings (detailed in Chart A) are:

• Only 8 of New York's 58 local Boards of Elections (14%) gave substantially complete and correct information to surveyors about what types of ID would be accepted at the polls. (Chemung, Chenango, Clinton, Livingston, New York City, St. Lawrence, Wayne and Yates)
• Twenty-four local Boards of Elections (41%) incorrectly identified only a driver's license, non-driver ID, social security card or social security numbers as being HAVA compliant forms of ID. (Under HAVA, impacted voters can use a variety of IDs including a driver’s license, social security card, current and valid photo ID, a current utility bill, a bank statement, a government check, a paycheck, or another government document that shows the name and address of the voter.)
• Eight counties incorrectly told surveyors that no voters would be required to show ID at the polls on Election Day. (Chautauqua, Erie, Herkimer, Monroe, Niagara, Oswego, Otsego and Ulster)
• Many county boards seem confused or unsure about HAVA's ID provisions. Sixteen boards answered they were unsure of the answers to certain basic questions. (Surveyors were not forwarded to another individual to have those questions answered.)
• The OrangeCounty Board of Elections incorrectly stated that impacted voters would not have the opportunity to show ID at the polls and would be forced to vote by affidavit (paper) ballot. SchoharieCounty also indicated that some voters would not be given the chance to show ID at the polls and would be forced to vote by affidavit ballot.
• Out of 58 boards surveyed, only 13 indicated that student IDs would be accepted as a current and valid form of ID. Seventeen counties said student IDs were not acceptable (The remaining counties were unsure, replied 'possibly' or incorrectly responded that no one would be subject to ID checks this fall.) These answers raise the possibility that students will be presented with additional obstacles to voting on Election Day.