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Why the Botched N.Y.C. Primary Has Become the November Nightmare | Why the Botched N.Y.C. Primary Has Become the November Nightmare |
(1 day later) | |
Election officials in New York City widely distributed mail-in ballots for the primary on June 23, which featured dozens of hard-fought races. The officials had hoped to make voting much easier, but they did not seem prepared for the response: more than 10 times the number of absentee ballots received in recent elections in the city. | Election officials in New York City widely distributed mail-in ballots for the primary on June 23, which featured dozens of hard-fought races. The officials had hoped to make voting much easier, but they did not seem prepared for the response: more than 10 times the number of absentee ballots received in recent elections in the city. |
Now, nearly six weeks later, two closely watched congressional races remain undecided, and major delays in counting a deluge of 400,000 mail-in ballots and other problems are being cited as examples of the challenges facing the nation as it looks toward conducting the November general election during the pandemic. | Now, nearly six weeks later, two closely watched congressional races remain undecided, and major delays in counting a deluge of 400,000 mail-in ballots and other problems are being cited as examples of the challenges facing the nation as it looks toward conducting the November general election during the pandemic. |
Gov. Andrew M. Cuomo and other officials are trading blame for the botched counting in the city, and the Postal Service is coming under criticism over whether it is equipped to handle the sharp increase in absentee ballots. | Gov. Andrew M. Cuomo and other officials are trading blame for the botched counting in the city, and the Postal Service is coming under criticism over whether it is equipped to handle the sharp increase in absentee ballots. |
Election lawyers said one area of concern in New York City was that mail-in ballots have prepaid return envelopes. The Postal Service apparently had difficulty processing some of them correctly and, as a result, an unknown number of votes — perhaps thousands — may have been wrongfully disqualified because of a lack of a postmark. | Election lawyers said one area of concern in New York City was that mail-in ballots have prepaid return envelopes. The Postal Service apparently had difficulty processing some of them correctly and, as a result, an unknown number of votes — perhaps thousands — may have been wrongfully disqualified because of a lack of a postmark. |
Thousands more ballots in the city were discarded by election officials for minor errors, or not even sent to voters until the day before the primary, making it all but impossible for the ballots to be returned in time. | Thousands more ballots in the city were discarded by election officials for minor errors, or not even sent to voters until the day before the primary, making it all but impossible for the ballots to be returned in time. |
In recent days, President Trump has also jumped into the fray, repeatedly citing the primary in New York City for his unfounded claims that mail-in voting is susceptible to fraud. There is no evidence that the primary results were tainted by criminal malfeasance, according to a wide array of election officials and representatives of campaigns. | |
Still, candidates and political analysts are warning that government officials at all levels need to take urgent action to avoid a nightmare in November. | Still, candidates and political analysts are warning that government officials at all levels need to take urgent action to avoid a nightmare in November. |
“This election is a canary in the coal mine,” said Suraj Patel, a Democrat running for Congress in a district that includes parts of Manhattan, Brooklyn and Queens, who has filed a federal lawsuit over the primary. | “This election is a canary in the coal mine,” said Suraj Patel, a Democrat running for Congress in a district that includes parts of Manhattan, Brooklyn and Queens, who has filed a federal lawsuit over the primary. |
Mr. Patel trails the incumbent, Representative Carolyn B. Maloney, by some 3,700 votes, though more than 12,000 ballots have been disqualified, including about 1,200 that were missing postmarks, he said. | Mr. Patel trails the incumbent, Representative Carolyn B. Maloney, by some 3,700 votes, though more than 12,000 ballots have been disqualified, including about 1,200 that were missing postmarks, he said. |
He is among the plaintiffs in a lawsuit filed in July that is asking a federal court to order election officials to count disqualified ballots. The lawsuit included testimony that election officials had mailed out more than 34,000 ballots one day before the June 23 primary. | He is among the plaintiffs in a lawsuit filed in July that is asking a federal court to order election officials to count disqualified ballots. The lawsuit included testimony that election officials had mailed out more than 34,000 ballots one day before the June 23 primary. |
A winner has also not been declared in a congressional district in the Bronx, where Ritchie Torres, a Democratic city councilman, holds a comfortable lead over several other contenders. | A winner has also not been declared in a congressional district in the Bronx, where Ritchie Torres, a Democratic city councilman, holds a comfortable lead over several other contenders. |
Other states and localities had vote-by-mail primaries during the pandemic, with some scattered reports of problems — though nothing on the scale of New York City’s weekslong process. Even before the outbreak, the city’s Board of Elections had a reputation as a troubled agency that ran elections rife with problems. | Other states and localities had vote-by-mail primaries during the pandemic, with some scattered reports of problems — though nothing on the scale of New York City’s weekslong process. Even before the outbreak, the city’s Board of Elections had a reputation as a troubled agency that ran elections rife with problems. |
New York City election officials insisted last week that they were doing their best under the extraordinary circumstances. | New York City election officials insisted last week that they were doing their best under the extraordinary circumstances. |
They pointed out the difficulties in protecting election workers from the coronavirus, and cited state laws requiring the disqualification of ballots for various small errors — including missing signatures on ballot envelopes or envelopes sealed with tape — for contributing to the high number of invalidated ballots. | They pointed out the difficulties in protecting election workers from the coronavirus, and cited state laws requiring the disqualification of ballots for various small errors — including missing signatures on ballot envelopes or envelopes sealed with tape — for contributing to the high number of invalidated ballots. |
Election officials also said the changing plans for the state’s presidential primary — it was initially canceled before being reinstated by the courts — had delayed the process of sending out absentee ballots. | Election officials also said the changing plans for the state’s presidential primary — it was initially canceled before being reinstated by the courts — had delayed the process of sending out absentee ballots. |
The city’s Board of Elections is not expected to certify the vote until Tuesday. Thirteen weeks later, on Nov. 3, the state and city could face another crush of absentee ballots. | The city’s Board of Elections is not expected to certify the vote until Tuesday. Thirteen weeks later, on Nov. 3, the state and city could face another crush of absentee ballots. |
Frederic M. Umane, the board’s secretary, defended the handling of the election, calling the ballot-counting process “slow, but accurate and open.” | Frederic M. Umane, the board’s secretary, defended the handling of the election, calling the ballot-counting process “slow, but accurate and open.” |
He said the board’s operation was greatly affected by the outbreak. | He said the board’s operation was greatly affected by the outbreak. |
“Our staff was decimated by Covid,” Mr. Umane said, noting the board had about 350 permanent workers and other temporary workers, many of whom were sick and could not work before the primary. | “Our staff was decimated by Covid,” Mr. Umane said, noting the board had about 350 permanent workers and other temporary workers, many of whom were sick and could not work before the primary. |
Mr. Umane said the board might need hundreds more workers for the November election. | Mr. Umane said the board might need hundreds more workers for the November election. |
Primaries were conducted across the state, but New York City seemed to encounter the biggest problems, in part because it had many closely contested races and substantial voter participation. | Primaries were conducted across the state, but New York City seemed to encounter the biggest problems, in part because it had many closely contested races and substantial voter participation. |
Mr. Cuomo, a third-term Democrat, acknowledged last week that the primary was flawed, likening mail-in voting to other “systems that we were working on but were not ready,” such as remote learning and telemedicine, and suggesting the problem lay at a local level. | Mr. Cuomo, a third-term Democrat, acknowledged last week that the primary was flawed, likening mail-in voting to other “systems that we were working on but were not ready,” such as remote learning and telemedicine, and suggesting the problem lay at a local level. |
“We did have — not we — boards of elections had operational issues, some better, some worse, and they have to learn from them,” Mr. Cuomo said. “And we want to get the lessons and make the system better and make it better for November.” | “We did have — not we — boards of elections had operational issues, some better, some worse, and they have to learn from them,” Mr. Cuomo said. “And we want to get the lessons and make the system better and make it better for November.” |
A person familiar with the internal operation of the city’s Board of Elections, but not authorized to speak on the record, said that having to increase the number of mail-in ballots had caused enormous struggles at the agency. | A person familiar with the internal operation of the city’s Board of Elections, but not authorized to speak on the record, said that having to increase the number of mail-in ballots had caused enormous struggles at the agency. |
“Imagine saying, ‘I’m having a dinner party for 10 people,’ and then they say, ‘No, it’s 100 people,’” the person said. “It’s a very deep learning curve.” | “Imagine saying, ‘I’m having a dinner party for 10 people,’ and then they say, ‘No, it’s 100 people,’” the person said. “It’s a very deep learning curve.” |
The person added that the board made missteps along the way, including not hiring enough people to count the absentee ballots. Even the vendors hired to produce the ballots seemed overwhelmed. | The person added that the board made missteps along the way, including not hiring enough people to count the absentee ballots. Even the vendors hired to produce the ballots seemed overwhelmed. |
In comments on Saturday, Mr. Cuomo said his administration had offered help to local election boards, including “personnel to do counting,” though no boards seemed to take the state up on its offer. He also noted that some boards did not start counting ballots until the second week of July. “Well, what was that?” he said. | In comments on Saturday, Mr. Cuomo said his administration had offered help to local election boards, including “personnel to do counting,” though no boards seemed to take the state up on its offer. He also noted that some boards did not start counting ballots until the second week of July. “Well, what was that?” he said. |
Mr. Trump has repeatedly referred to the New York primary over the last two weeks, warning that the “same thing would happen, but on massive scale” across the country on Nov. 3. | Mr. Trump has repeatedly referred to the New York primary over the last two weeks, warning that the “same thing would happen, but on massive scale” across the country on Nov. 3. |
The president returned to the topic on Thursday as means of justifying his suggestion that the general election might need to be postponed, a trial balloon that was widely panned by even his fellow Republicans. | The president returned to the topic on Thursday as means of justifying his suggestion that the general election might need to be postponed, a trial balloon that was widely panned by even his fellow Republicans. |
New York State lawmakers said they had responded to the problems last month by approving a roster of fixes to the vote-by-mail system, though it was not clear if Mr. Cuomo would sign the bills. Among other changes, the legislation would allow the counting of ballots received shortly after the election without postmarks and would require officials to notify voters of small errors in their ballot envelopes. | New York State lawmakers said they had responded to the problems last month by approving a roster of fixes to the vote-by-mail system, though it was not clear if Mr. Cuomo would sign the bills. Among other changes, the legislation would allow the counting of ballots received shortly after the election without postmarks and would require officials to notify voters of small errors in their ballot envelopes. |
Election experts pointed to an array of causes for the issues in the primary: In late April, as the toll from the coronavirus mounted, Mr. Cuomo ordered a wide expansion of absentee voting, sending every New Yorker eligible to vote in the primary an application for an absentee ballot. | |
While the intention may have been to encourage voting, the infrastructure lagged: Until a wave of changes approved in 2019, New York had been behind other states in adopting measures like early voting. | While the intention may have been to encourage voting, the infrastructure lagged: Until a wave of changes approved in 2019, New York had been behind other states in adopting measures like early voting. |
“The state has long had some of the strictest rules when it comes to being able to cast an absentee ballot, and it wasn’t built to support the increased volume,” said Lawrence Norden, director of the Election Reform Program at the Brennan Center for Justice. | “The state has long had some of the strictest rules when it comes to being able to cast an absentee ballot, and it wasn’t built to support the increased volume,” said Lawrence Norden, director of the Election Reform Program at the Brennan Center for Justice. |
The counting of absentee ballots is more labor intensive than machine counts of in-person votes, which in the past had made up more than 90 percent of New York’s election returns. Jerry H. Goldfeder, a veteran election lawyer, said the board did not have enough money to hire workers to process absentee ballots. | The counting of absentee ballots is more labor intensive than machine counts of in-person votes, which in the past had made up more than 90 percent of New York’s election returns. Jerry H. Goldfeder, a veteran election lawyer, said the board did not have enough money to hire workers to process absentee ballots. |
“They could have asked for money and hired more staff, because they knew in advance they were going to get an avalanche of absentee ballots,” Mr. Goldfeder said. “There’s nothing magical about that.” | “They could have asked for money and hired more staff, because they knew in advance they were going to get an avalanche of absentee ballots,” Mr. Goldfeder said. “There’s nothing magical about that.” |
In all, the New York City Board of Elections sent more than 750,000 ballots with prepaid return envelopes, and some 400,000 were mailed back. Postage on prepaid envelopes costs less than a stamp and is charged to the payer only if used. | In all, the New York City Board of Elections sent more than 750,000 ballots with prepaid return envelopes, and some 400,000 were mailed back. Postage on prepaid envelopes costs less than a stamp and is charged to the payer only if used. |
Prepaid envelopes are not typically postmarked by the post office’s sorting systems, though the Postal Service recommends that ballot envelopes use a special bar code to help identify them. Officials say they make every effort to identify ballots and assure a postmark, a critical element in determining if ballots were sent by the Election Day deadline. | Prepaid envelopes are not typically postmarked by the post office’s sorting systems, though the Postal Service recommends that ballot envelopes use a special bar code to help identify them. Officials say they make every effort to identify ballots and assure a postmark, a critical element in determining if ballots were sent by the Election Day deadline. |
That means going so far as to use human “gatekeepers” to backstop the Postal Service’s massive computerized sorting systems, who pull ballot envelopes out, one at a time, and feed them through a cancellation machine to assure a postmark. | That means going so far as to use human “gatekeepers” to backstop the Postal Service’s massive computerized sorting systems, who pull ballot envelopes out, one at a time, and feed them through a cancellation machine to assure a postmark. |
But it was far from foolproof: Michael Calabrese, a manager at the Postal Service’s Manhattan processing plant, could only confirm that extra gatekeepers were on hand to locate stray ballots on Election Day itself. | But it was far from foolproof: Michael Calabrese, a manager at the Postal Service’s Manhattan processing plant, could only confirm that extra gatekeepers were on hand to locate stray ballots on Election Day itself. |
Even so, some unmarked ballots got through. | Even so, some unmarked ballots got through. |
“It’s not a 100 percent process,” he said, under questioning from Judge Analisa Torres of Federal District Court in Manhattan. “It’s not something we could normally do, but in order to capture and read those ballots, we did that.” | “It’s not a 100 percent process,” he said, under questioning from Judge Analisa Torres of Federal District Court in Manhattan. “It’s not something we could normally do, but in order to capture and read those ballots, we did that.” |
The postal agency defended its performance, but also acknowledged that “some ballots may not have been postmarked.” It said it would take “action to resolve the issue going forward.” | The postal agency defended its performance, but also acknowledged that “some ballots may not have been postmarked.” It said it would take “action to resolve the issue going forward.” |
“We continue to work with the secretary of state and all New York boards of election and look forward to a successful general election,” Xavier C. Hernandez, a Postal Service spokesman, said. | “We continue to work with the secretary of state and all New York boards of election and look forward to a successful general election,” Xavier C. Hernandez, a Postal Service spokesman, said. |
Bruce Gyory, a Democratic political consultant, said the state and city needed to drastically increase election staff for November. “This is logistics,” Mr. Gyory said. “It isn’t rocket science.” | Bruce Gyory, a Democratic political consultant, said the state and city needed to drastically increase election staff for November. “This is logistics,” Mr. Gyory said. “It isn’t rocket science.” |
He added that such steps could make it more difficult for Mr. Trump to cite problems in New York to dispute the results of the general election. | He added that such steps could make it more difficult for Mr. Trump to cite problems in New York to dispute the results of the general election. |
“He is trying to create doubt,” Mr. Gyory said. “Because he knows he’s going to lose the election if things don’t change.” | “He is trying to create doubt,” Mr. Gyory said. “Because he knows he’s going to lose the election if things don’t change.” |
Jeffery C. Mays, Luis Ferré-Sadurní and Emma G. Fitzsimmons contributed reporting. | Jeffery C. Mays, Luis Ferré-Sadurní and Emma G. Fitzsimmons contributed reporting. |
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