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'A Clear Option to Bring the Party in a Different Direction': Alessandra Biaggi on Her Run for Congress in NY-17


State Senator Alessandra Biaggi


State Senator Alessandra Biaggi, a progressive Democrat, garnered national attention after announcing her run in the new 17th Congressional District of New York against Rep. Sean Patrick Maloney, who chairs the Democratic Congressional Campaign Committee (DCCC) and currently represents the 18th district. Both districts are north of New York City in the Hudson Valley.

All of New York’s congressional and state legislative districts were just redrawn in a mandatory decennial process based on new Census information. It got particularly messy in New York, which is losing one seat in the House of Representatives, going from 27 to 26 come next year. Primaries for the House and State Senate are in August, following the June primaries for State Assembly and statewide seats.

The new district lines have altered many plans -- Biaggi, who represents parts of the Bronx and Westchester in the State Senate, had been running in what was supposed to be the new 3rd Congressional District. But when maps drawn by Democrats who control the State Legislature were thrown out by the courts and new maps drawn by an appointed “special master” were released, that district was among many that were significantly reconfigured. Biaggi had to reconsider.

Meanwhile, Maloney announced he would run in the district where he lives but that is mostly still made up of Rep. Mondaire Jones’ 17th district. Jones in turn declined to stay put and fend off Maloney, and declared his candidacy for the new 10th district, based in downtown Manhattan and a large swathe of Brooklyn.

Then, Biaggi made her decision to run in the new 17th district, taking on the powerful Maloney, who had just pushed Jones out, inviting a wave of criticism.

“Voters can have a say and vote for someone who is a progressive Democrat who actually has a record of making progress…or they can vote for a selfish corporate Democrat who clearly only cares about himself,” Biaggi said in a recent appearance on the Max Politics podcast from Gotham Gazette, hosted by executive editor Ben Max.

Though she does not live in the district, Biaggi cited ties to the area and a plan to move within its new bounds, but said her motivations to run included bringing more fight to Congress to tackle the most pressing issues of this era and to stop the kind of leadership Maloney represents.

Biaggi said she was angered that the new map motivated Maloney to avoid a slightly more challenging race in his existing district and effectively pushing out the district’s current “beloved” representative in Jones. 

Biaggi said she sees a lack of “urgency” and “effort” from current elected officials to get things done, and pledged to bring a different perspective and energy to Congress if elected, including on issues like reproductive rights, fighting climate change, health care, gun control, and more.

Amid the chaos of New York’s redistricting, Biaggi said even she has had trouble following all the twists and turns and worries the combination of the new maps and two separate primaries will have a negative effect on voter turnout. Asked about why redistricting had gone awry under the Democratic Legislature, Biaggi said one key reason was related to the independent, bipartisan commission first tasked with drawing new maps and that there was  “no requirement for them to compromise.”

The maps are now final and New York will be among the states where races determine control of the House. New York’s 17th will be considered a swing district in the fall but it does have a solid Democratic lean. Still, it is expected to be a strong year for Republicans. First, the primaries.

With Democratic control of the House, Senate and the White House, Biaggi said there should be more momentum to pass legislation that addresses the most pressing issues.

“There is an incredible amount of urgency that is needed in our leaders around a lot of issues,” said Biaggi, who is chair of the State Senate Committee on Ethics and Internal Governance and has led on issues related to workplace protections against sexual harassment and overhauling the state’s ethics oversight agency, while also helping to pass a very long list of Democratic priorities over her nearly two terms. “There are a lot of new and progressive and young leaders who feel like we are not acting fast enough.”

Biaggi said a key issue she and her opponent Maloney differ on is health care. Unlike Maloney, Biaggi supports “Medicare for All.” She criticized Maloney for voting with Republicans when he was first elected, which, Biaggi claimed, slowed enhancement of the Affordable Care Act.

“Obamacare is one of the most important policies that I think any Democratic administration has passed. It has helped not just Democrats, but people across this country and it’s something that I think makes our party very proud,” she said. She also pointed to Maloney and the DCCC he leads supporting anti-abortion, pro-gun rights incumbent Rep. Henry Cuellar in a Texas primary where he is being challenged by progressive Jessica Cisneros.

Biaggi said she is drawing from her successful 2018 primary campaign against then-State Senator Jeff Klein, a moderate who led the Independent Democratic Conference (IDC) of breakaway Democrats who formed a power-sharing agreement with Republicans. Biaggi ousted Klein and several other progressive challengers beat members of the IDC in what wound up being a major Democratic wave year that flipped the State Senate and thus meant all of state government was in Democratic hands for the first time in nearly a decade.

Despite being “outspent” and “underestimated,” Biaggi said she attributes her 2018 win to her authentic message. Biaggi said it is crucial for voters to feel like they can trust their elected leaders, and believes her previous record of legislative accomplishments is a marker of her credibility and reliability. 

Winning a campaign requires building a strong coalition of people that reflect the communities within the district, said Biaggi.

“People, really at the end of the day, are where the power comes from,” she said. It is important for voters to “feel like you hear and see them and honor them and the struggles that they also are going through.”

When people do not feel empowered to vote, they do not show up at the polls, Biaggi said.

“What makes me excited to vote…is when someone is bringing to me something that is bold,” she said. “We have such a lack of Democrats who are willing to take bold positions.”

Often touted by Republicans as a radical progressive, Biaggi said the issues she supports – abortion rights, fully funded schools, and protecting the environment – are mainstream and popular among Americans. 

If these issues are perceived as “too far left,” then America is “in a lot of trouble,” Biaggi said in response to whether she would need to moderate her stances given she’s moving to a more purple district.

The significance of Biaggi’s run against Maloney transcends New York State politics, she said.

“I think that this is a race that represents a clear option to bring the party in a different direction,” she said, though she said she did not know whether the race would garner national attention or become a focus for the progressive movement.

In the current political climate, Biaggi said the people behind policy are just as important as policy itself. People who deny election results and bills that restrict voting access are threatening American democracy, she said.

“We are not dealing with a traditional Republican Party,” she said. “What is it gonna take for this party to realize that we are not actually dealing with good faith actors and that we have to do whatever it takes for good, just like they do whatever it takes for evil?”

[LISTEN to the full conversation: Max Politics Podcast: Alessandra Biaggi on Running for Congress and Taking on Sean Patrick Maloney]

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Lindsay Shachnow, Gotham Gazette

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What's In, What's Out: 2022 State Legislative Session Ends with Major Policy Decisions


An Albany rally for abortion rights (photo: Mike Groll/Office of Governor Kathy Hochul)


State lawmakers voted on legislation late into the night Thursday, the scheduled end of the legislative session, and while the State Senate finished its business the Assembly continued passing bills throughout Friday and into Saturday.

A number of major deals were reached in the final week as the session came to a crescendo, while other marquee proposals fell by the wayside.

And as of Saturday morning, with the Senate on break but the Assembly still wrapping up business, the fate of at least two major pieces of legislation passed by the upper chamber was uncertain in the lower house. Neither wound up passing by the time the Assembly adjourned at about 8:30 a.m. Saturday.

With the end of the session, lawmakers return to their districts for campaign season ahead of the state primary elections — June for the Assembly and August for the Senate — and the fall general election. That doesn't mean they can't be called back into session to pass more legislation, which advocates for some failed measures have already begun calling for.

Legislators have been preparing for the final push on a host of bills since the state budget was finalized in April. This week saw the passage of a slew of legislation, driven by Democratic supermajorities in both houses, to strengthen voting rights, abortion access, gun control, street safety, and much more. Several New York City-focused bills passed, including an extension of mayoral control of city schools (with other changes attached), a new mechanism to allow NYCHA to raise funds for public housing repairs, and more.

Other proposals, like Good Cause Eviction protections for tenants, a replacement for the 421-a real estate development tax exemption, parole reform, a ban on gas hookups in newly-constructed buildings, and others appear dead, at least for the time being. Meanwhile, the Clean Slate Act — to seal most convictions after a sentence and parole period served — and the Build Public Renewables Act — to allow the New York Power Authority to finance renewable energy projects — were passed by the Senate but ultimately shelved by the Assembly.

Major Bills Pass Both Houses of the Legislature
The Assembly passed the New York Voting Rights Act Thursday afternoon, after the omnibus voter-protection bill passed the State Senate the day before. The bill is modeled on the federal Voting Rights Act, passed in 1965 to protect the rights of Black voters and largely defanged over the last decade by the U.S. Supreme Court. It is one of several moves Democratic majorities in both chambers are taking to respond to gaps or lapses in federal protections. The bill now goes to Hochul, who is expected to sign it after supporting the concept earlier this year.

"I am proud that New York is standing as a true bastion of voting rights despite the anti-democratic rollbacks being set forth by Republicans across the nation," said Senate Majority Leader Andrea Stewart-Cousins.

Lawmakers passed legislation to protect medical providers from misconduct charges and subpoenas for performing abortions in anticipation of a U.S. Supreme Court decision that would strike down Roe v. Wade. The Legislature fell short of passing a state constitutional amendment that would enshrine the right to abortion and civil rights protections based on sex, gender orientation or expression, disability, and other categories.

"I look forward to signing these bills into law," Governor Kathy Hochul, a Democrat, said in a statement on the abortion-related measures that were passed. "Make no mistake: for as long as I am governor, New York will be a safe harbor for all those who need abortion care."

The Legislature also passed a series of gun control measures in the wake of mass shootings in Buffalo and Uvalde, Texas, and on the heels of another Wednesday in Tulsa. The bills would raise the age to legally buy or own a semi-automatic rifle from 18 to 21, and require "microstamping" on new guns, which allows bullets to be linked to the weapon that fired them. Other legislation would disallow most people from purchasing body armor, bolster background checks, and make it possible for more people to file extreme risk protection orders to prevent certain people from purchasing firearms (thus strengthening the “red flag” law).

“The horrific mass shootings in Buffalo and Uvalde have shown us, once again, that our country needs to have a conversation about the national obsession with guns. But it has also shown us that we cannot wait to take action," said Assembly Speaker Carl Heastie.

A two-year extension of mayoral control of New York City schools was passed with additional caveats that have rankled Mayor Eric Adams. The extension comes with changes to the Panel for Education Policy and requirements to lower class sizes in city schools over five years. Adams criticized the legislation earlier this week, threatening that the mandate will mean reducing other school programs to pay for it if the state doesn't provide additional funding to the city — something disputed by the leader of the legislative effort, Queens State Senator John Liu, chair of the Senate’s New York City education committee. Liu pointed to additional state education funding already set to head to the city that can be used for the class size reductions.

In a statement after its passage, the mayor expressed hope that cuts could be avoided.

“While there is more work to do to deliver on the priorities New Yorkers are asking for, we are optimistic that there is a way forward on key elements, including ensuring we achieve the shared goal of smaller class sizes without forcing the city into a fiscal crisis and impacting programs for our most vulnerable students," Adams said Friday.

Lawmakers passed legislation to renew New York City’s School Zone Speed Camera program, championed by Brooklyn Senator Andrew Gounardes and Manhattan Assemblymember Deborah Glick, and expand its operation to 24 hours a day.

“Our life-saving speed cameras have proven to slow drivers down – but we can’t operate this program when reckless driving occurs the most: overnight and on weekends," said New York City Department of Transportation Commissioner Ydanis Rodriguez. "We are using every resource available, from enforcement to street redesigns, to curb senseless traffic violence and we look forward to the Governor’s bill signing.”

Lawmakers passed legislation to create the NYCHA Preservation Trust, a public benefit corporation that could lease up to 25,000 public housing apartments and borrow money for repairs and maintenance. The bill, supported by Mayor Adams and championed by Brooklyn Senator Julia Salazar and Assemblymember Steve Cymbrowitz, is one mechanism experts have been looking to fund the tens of billions of dollars needed to fix New York City's crumbling public housing stock.

The Legislature also passed a bill sought by the mayor making it easier for distressed hotels to be converted into affordable housing. The legislation would build on the Housing Our Neighbors With Dignity Act, passed in 2021, which set aside $100 million for the conversions. Another $100 million was set aside for the same purpose in this year's state budget. The law passed this week would ease regulations to allow those modifications to take place.

Adams applauded the Legislature on a number of actions it took this week in a statement Friday: “The creation of a NYCHA Trust will funnel billions of dollars to residents for critical repairs. Legislation facilitating the conversion of vacant hotels to housing will deliver much needed relief to our homelessness crisis. And keeping pedestrians on our streets safe and allowing life-saving 24/7 speed cameras is a victory for us all."

The Freelance Isn't Free Act passed both chambers Friday. The bill, modeled after a law passed several years ago in New York City, would guarantee labor protections for independent contracts. The legislation, championed by Brooklyn Senator Andrew Gounardes and Rochester Assemblymember Harry Bronson, mandates timely payments and contracts for jobs paying over a certain amount, requires the state to provide some legal assistance to freelancers, and includes anti-retaliation measures, among others. The bill is one of several dealing with labor that were approved as session drew to a close, while others languished.

Both houses approved a nation-leading ban on the sale of dogs, cats, and rabbits by pet stores, as advocated for by bill sponsors Senate Deputy Leader Michael Gianaris of Queens and Manhattan Assemblymember Linda Rosenthal, the ASPCA, and many others.

In a last-minute change of heart, the Senate passed a two-year moratorium on cryptomining after the bill passed the Assembly in April. The bill would prevent the state from issuing new permits for carbon-burning plants used to power the servers used for some cryptocurrency. It also requires the state to study the impact of cryptomining on climate change. The legislation faced an uphill battle in the State Senate after months of lobbying and political spending by the cryptocurrency industry in opposition. It is unclear whether Hochul will sign the bill into law.

And there were many other bills passed by both houses in the final days of the 2022 session, on top of others approved previously, like the Adult Survivors Act.

Two Big Unknowns Shelved by Assembly
The Assembly was considering a vote on the Clean Slate Act, which would automatically seal the criminal records after a matter of years barring re-offenses and certain other criteria. But after passing in the Senate the Assembly declined to take it up before adjourning on Saturday morning. Civil rights advocates said the bill would help prevent discrimination in housing, employments, and other areas for formerly incarcerated individuals and reduce recidivism.

The Build Public Renewables Act to expand the development of alternative energy projects was also in limbo as of Saturday morning but not taken up by the Assembly. The bill, passed by the State Senate, would allow the New York Power Authority to create and own renewable energy plants and phase out fossil fuel-burning plants. The bill passed the State Senate, where lawmakers hoped it would help the state reach its climate goals of reducing greenhouse emissions by 85% by 2050 and have 70% of electricity come from renewable sources by 2030. The BPRA is seen by many advocates and legislators as a necessary follow-up to the landmark 2019 Climate Leadership and Community Protection Act, which set the state’s ambitious carbon reduction and clean energy standards.

And while there was much less optimism that the Assembly would take it up, the lower house also declined to pass legislation approved by the Senate that would professionalize the New York City Board of Elections, home to notorious dysfunction, patronage, and nepotism. 

Other High-Profile Bills Not Passed by Both Houses
Deals on other high-profile issues like Good Cause Eviction and the replacement of the 421-a real estate tax exemption, used in the construction of affordable housing, have not come together. The two houses also did not come to agreement on a bill to ban gas hook-ups in new construction (as of certain dates in the near future), something New York City passed last year.

The two houses did not come to a deal for first passage of an Equal Rights Amendment to the state constitution that would protect abortion and many other rights and marginalized groups. Legislators also failed to follow through on a promise to re-introduce and pass state constitutional amendments for same-day voter registration and universal absentee voting — both of which passed two straight legislative classes but were defeated by voters last year. Any proposed constitutional amendment must pass two consecutive legislative classes in order to then appear on the general election ballot for voter approval or disapproval. If these measures are not passed this year, they would not be able to make the ballot before 2025 at the earliest.

Lawmakers also decided not to act on two parole reform bills long-sought by advocates. The legislation, known as the Elder Parole Bill and the Fair and Timely Parole Act, would help reduce the number of people in prison by requiring parole hearings for people over 55 who have served 15 years of a sentence; and by requiring release on parole after a minimum sentence is completed barring a current public safety threat.

“Today, New York State’s lawmakers are leaving their posts and going on recess with full knowledge of the fact that people are needlessly dying every three days in the prisons they oversee," said Jose Saldana, executive director of the Release Aging People in Prison Campaign. "More than 70 people – disproportionately Black Elders – are projected to die behind bars by the time they return."

And though there was little optimism from supporters that it would move by the end of the session, the New York Health Act, which would institute a single-payer health care system in the state, again did not move in the Legislature though majorities in both houses have supported the bill in the past.

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by Ethan Geringer-Sameth, reporter, Gotham Gazette
     

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Ben Max contributed to this story.

Little Being Done to Address New York’s Prison-to-Shelter Pipeline


A housing rally (photo:John McCarten/City Council)


Two out of five people returning to New York City from prison last year were released to a shelter or another placement for homeless adults, according to the New York State Department of Corrections and Community Supervision (DOCCS). At roughly 2,050 people, it was enough to fill the largest hotel in midtown Manhattan. They often ended up sleeping on the streets.

Those inside the so-called prison-to-shelter pipeline say cycling through the criminal legal and shelter systems is destabilizing and dehumanizing as they attempt to reenter society. The typical initial shelter stay for unhoused people under DOCCS supervision is 34 to 38 days, a grueling period compounded by the pressures of finding – at a minimum – permanent housing and employment.

"There should be a quicker process and these things should be asked and anticipated because it's dangerous out there in the streets," said a man who had recently been released from Rikers Island after being held on a parole violation. State parole officers directed him to Bellevue Men's Shelter in midtown Manhattan, where most New York City residents leaving incarceration are sent when they have no place else to go.

"I had no idea what I was in for when I went to Bellevue," he said, calling the level of sanitation and security "atrocious." After a few hours he decided to leave. "I started going to other organizations, sleeping on the train at night," he said, speaking on the condition of anonymity because of a pending parole hearing.

People have gone from state prison into New York City shelters more than 25,000 times over the past eight years, according to the Coalition for the Homeless. A DOCCS spokesperson said the agency tries to "avoid" referring ex-prisoners to shelters by exploring housing options and making referrals to other agencies.

The cycle is also prevalent in the city jail system; in 2021, there were at any point on average 2,300 people in the city shelter system either on parole, released from jail, or both, according to the city's Department of Social Services (DSS).

The system reinforces racial disparities in the criminal legal system and in housing. Black people make up roughly half the people in DOCCS custody and, according to Coalition for the Homeless, 56% of heads of household in city shelters (including single adults), despite being only a quarter of the New York City population. As of March, there were about 49,000 people sleeping in DSS shelters each night, with thousands more in other types of shelters, on the streets and subways.

The lack of stable housing is one of many factors that lead to recidivism, especially for homeless people who frequently come in contact with police. Supportive housing with tailored-social services has been shown in some cases to reduce recidivism.

New York City officials have for years blamed the state's reentry planning for being limited and short-sighted, beginning only a matter of months before the end of often-yearslong prison sentences. Advocates have added to that list rampant discrimination from landlords and a lack of both city and state investment in transitional and deeply affordable housing.

"There's not one entity that bears responsibility for making sure people leaving prison and jail have a place to call home even though stable housing is clearly key on a common sense level," said Lily Shapiro, policy counsel at the Fortune Society, a large reentry service provider based in New York City.

While DOCCS covers parole, which includes approving and sometimes making referrals for housing, it doesn't provide or ensure it for the vast majority of those leaving prison who cannot afford to rent an apartment. The city is legally required to provide temporary shelter through its Department of Social Services, and the Mayor's Office of Criminal Justice (MOCJ) and Department of Probation offer some reentry services. Housing is often secured through a patchwork of reentry service providers using a mix of city, state, and federal vouchers.

While the pattern is the same year after year, few pieces of legislation have percolated in Albany and little funding has been set aside this year to address the situation.

"The sad reality is that the state government dumps state prisoners and parolees into New York City, often directly into our shelters, in a way that doesn't help anyone," then-Mayor Bill de Blasio said at a press conference in June 2021.

At the city level, Mayor Eric Adams has presented few detailed plans around reentry services or transitional housing. His administration has focused on expanding safe haven shelter beds and long-term capital spending on affordable housing. In late May, he announced police and social workers have connected over 1,300 New Yorkers to shelter as part of his Subway Safety Plan.

The city is in the process of developing a long-term transitional housing plan to help those returning from incarceration, a spokesperson for Mayor Adams told Gotham Gazette. The details of that plan will be made public when they are ready, the spokesperson said.

"Even if we had the most robust transitional services that would not solve the problem in and of itself," Shapiro said. "But to be clear we do not have the most robust safety net for people coming home from prison."

“There is not a tremendous amount in the state budget that passed that would impact the prison-to-shelter pipeline, which is a very complex issue,” she added.

The state legislative session ending this week and the city budget being negotiated ahead of the new fiscal year that starts July 1 are two of the last major policy-making periods of 2022. During state budget negotiations earlier this year, advocates and some legislators pushed for the Housing Access Voucher Program and a stronger Fair Chance for Housing Act. The two bills could help New Yorkers who are on parole and homeless find permanent housing only in the long run. They would likely do little to stop people going immediately from prison or jail to shelter and according to the bill's sponsor, Senate Housing Chair Brian Kavanagh, there is no carve-out in the voucher program for those set to leave prison. Neither bill passed and they appear unlikely to advance before the state legislative session ends.

Governor Kathy Hochul and the Legislature staked out $25 billion for a five-year affordable housing plan to create or preserve 100,000 units, including 10,000 supportive units that include social services. The program would help address the affordable housing crisis, a key driver of homelessness in New York, as well as challenges around stable housing for those with mental illness and substance use disorders. Still, as with the Housing Access Voucher Program, it appears to do little to stop the immediate transfer of people from prison to shelter.

Asked about the prison-to-shelter pipeline, a spokesperson for Hochul said the state was funding a new 70-bed transitional housing pilot at the Edgecombe Residential Treatment Facility run by DOCCS in Washington Heights. Transitional housing programs offer temporary shelter with accompanying services geared toward people exiting prison, including help securing employment and a permanent home. While the maximum stay at Edgecombe will be 90 days, the administration believes it will serve up to 625 people a year with average stays of 40 days. It is expected to open August 1, according to officials. Statewide, 3,400 people went directly from prison to shelter last year.

A spokesperson for Assemblymember Kenny Burgos, who chairs the Subcommittee on Reentry and Transitional Services, could not point to any policies or funding in the state budget that would provide an alternative to the release of incarcerated individuals into shelters.

Advocates say there is a need for greater reentry planning prior to release. "As soon as people are in prisons, prison officials should be helping people plan for their discharge," said Jacquelyn Simone, policy director at Coalition for the Homeless.

According to a state spokesperson, DOCCS works with individuals prior to release "to develop possible residences to submit for approval, in order to avoid a referral to the local Department of Social Services."

"Additionally, DOCCS has a Re-Entry Services Unit that networks, seeks out and investigates housing options, shares either new or existing resources, and connects with agencies with a history of working with persons with criminal justice involvement," the spokesperson said.

Service providers said parole officers often deny permanent residence with a family member or friend for a reason that may seem arbitrary, like the fact that the household has another person with a criminal record or a dog.

"That can really destabilize people and take away options that would have otherwise been viable for them,” Simone said.

There has been little legislative oversight of discharge planning, or reentry services more broadly, and none in the offing. "I am not aware of any oversight being planned at the moment," wrote Christain Barbato, Burgos' spokesperson, in an email.

At the city level, a spokesperson for Mayor Adams pointed to the proposed $171 million in his executive budget for new safe haven and stabilization beds, which are, respectively, types of shelter beds that have low barriers to entry and typically come with on-site services.

The City Council is seeking an additional $28 million in the city budget for 1,000 new beds at the city’s Justice-Impacted Supportive Housing initiative for people exiting the city jail system, which is run by the Mayor’s Office of Criminal Justice. The funding would bring the total number of JISH beds to 1,500. The additional funding also has the support of Comptroller Brad Lander, according to a spokesperson.

“New Yorkers returning to their communities after being incarcerated are too often being funneled into homelessness, exacerbating the housing insecurity challenges that undermine the health of our neighborhoods and city," Speaker Adrienne Adams said in a statement to Gotham Gazette.

"A past legal record can also be a continuing barrier to housing and other economic opportunities for stability that we must address to make our communities stronger and our city safer, as we seek to break this pipeline to homelessness," Speaker Adams said. She noted the proposed Clean Slate Act, a state bill that would automatically seal conviction records for non-sex-offenses after the end of a sentence and parole periods of different lengths based on the types of convictions involved. The Council passed a resolution in support of the legislation in May and it also has the backing of Mayor Adams. It would not impact housing discrimination during the period immediately following release because it goes into effect only after a set number of years post-parole.

A MOCJ program with the Exodus Transitional Community, a social service provider for people involved in the criminal legal system, has provided temporary housing in hotels for more than 800 formerly incarcerated individuals, according to a mayor's office spokesperson.

The city also has two shelters specifically for people with a criminal history coming online in the "coming months," according to a Department of Social Services spokesperson. Together they are expected to have the capacity to shelter 170 people at a time.

Like Hochul, Mayor Adams also proposed major spending on affordable housing. His executive budget includes $5 billion to NYCHA and the Department of Housing Preservation and Development as part of a $22-billion, ten-year capital spending plan.

But affordable housing often comes with its own barriers, like discrimination based on source of income or criminal history.

Housing advocates are pushing for the Fair Chance for Housing Act in New York City, which would make it illegal for landlords to check the arrest or conviction records of prospective tenants. The bill was co-sponsored by more than half the City Council – including the current speaker, Adrienne Adams – last year but wasn't passed before the end of session. It has not been reintroduced in the current session.

Hochul backed a state-level Fair Chance for Housing Act but it lost the support of advocates who said exceptions added to the text rendered it toothless.

On Thursday, legislators passed a state bill that would allow formerly incarcerated people to live in public housing, the largest single stock of affordable housing in New York City. People leaving incarceration would still have to contend with NYCHA's long wait list. The bill now goes to the governor's desk.

"This bill would relieve families from hiding family members who are formerly incarcerated individuals, that would risk their public housing eligibility," reads a memo from Burgos, the legislation's sponsor.

Last year, New York City expanded the housing voucher program, known as CityPHEPS, which covers a portion of rent relative to income. The City Council called for the voucher increase to be fully funded in the fiscal year 2023 budget in its response to Mayor Adams' preliminary budget. Last week, lawyers for the nonprofit watchdog Housing Rights Initiative filed a sweeping lawsuit against 120 real estate companies alleging widespread discrimination against people using the vouchers. And there is no clear program for ensuring that people leaving prison have access to the vouchers.

After three weeks sleeping on the trains and looking for housing, the man who left Bellevue secured a different kind of voucher – for a hotel room that had been repurposed through the city's Exodus program in 2020. It has given him more stable footing as he considers his next move. "I would like to start a business one day," he said, to provide virtual services like social media and skiptracing to people in prison. It was a recent Sunday afternoon and he was sitting in a booth in the back of an uncrowded restaurant in Times Square. "Finally, at last, things are starting to come together and get better," he said.

The city's current Exodus contract goes through June of this year, according to a mayoral spokesperson. It is unclear whether it will be extended.

Note: This article was updated to reflect the passage of legislation Thursday to permit incarcerated people to live in public housing.

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by Ethan Geringer-Sameth, reporter, Gotham Gazette
     

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Suozzi, Williams Attack Absent Hochul Throughout Democratic Primary Debate


Jumaane Williams and Tom Suozzi


At the first debate of this year’s Democratic primary for governor, New York City Public Advocate Jumaane Williams and U.S. Rep. Tom Suozzi presented a cordial front to one another on Thursday night even as they sought to distinguish their individual political ideologies. The candidates reserved their barbs for Governor Kathy Hochul, who declined to participate in Thursday’s but has agreed to two upcoming debates.

Over the course of an hour, Williams and Suozzi expressed their similar and differing positions on various issues confronting New York including gun violence, the potential repeal of Roe v. Wade federal abortion rights, the state’s economic recovery, the worsening opioid crisis, and climate change, among others. Williams, who lost to Hochul in the 2018 primary for lieutenant governor,  is an avowed “activist elected official” and a progressive left candidate backed by the likes of the Working Families Party. Suozzi describes himself as a “common sense Democrat” with more moderate leanings similar to Hochul, though on Thursday he repeatedly sought to position himself to the governor’s left on some issues, like gun control, and to her right on others, like tackling crime.

On several occasions, Williams and Suozzi were in agreement, and trained their criticisms towards the absent governor. Thursday’s debate was hosted by Spectrum News, airing in New York City on its NY1 network, and moderated by political anchors Errol Louis and Susan Arbetter.

Williams said his top issue is public safety, while Suozzi said that crime in the state is the leading issue for his campaign. But they vary on the solutions that they presented, in particular on gun violence, an issue at the forefront in the wake of the tragic mass shootings in Buffalo and in Uvalde, Texas, as well as the ongoing pandemic-era spikes in shootings and murders in New York City and other cities around the state and country.

Williams, as he has in the past, insisted on investments in communities and in non-law enforcement solutions to gun violence prevention. “What we have to stop doing is spending more money on the consequence of accountability, which you should have for doing those things, and spend more on the prevention,” he said. 

In his response, Williams took a shot at Hochul for having received an endorsement from the National Rifle Association (NRA) in the past. “Buffalo, where I was, is reeling from that hate crime, but they've been reeling from other types of violence as well that no one has addressed,” he added. 

“I agree with everything that Jumaane said and I'm glad that he pointed out the hypocrisy of this governor, who sought the NRA’s endorsement, voted with the NRA, took money from the NRA and had an ‘A’ rating from the NRA in Congress,” said Suozzi, referring to Hochul’s record of roughly a decade ago and noting that he himself had a “F” grade from the gun rights organization. Suozzi touted his 15-point “crime intervention and prevention” plan including measures such as better implementing the state’s Red Flag law, which was enacted in 2019 and allows guns to be taken away from people who are deemed a threat to themselves or others. “We need to educate the police, social workers, mental health experts, teachers, family members that you can take guns away from people that are mentally unstable, that have a drug and alcohol problem, by bringing them through a due process procedure,” he said. 

Where there were key distinctions between the two Democrats was on broader criminal justice issues. The Legislature and Governor Hochul recently approved additional tweaks to the state’s bail reform law that was first approved in 2019 but which has, with very limited evidence, been broadly blamed by critics for the state’s recent uptick in crime. The new changes were relatively minimal, including allowing judges to set bail for more gun crimes. However, Hochul and other leaders such as New York City Mayor Eric Adams and Suozzi have called for allowing judges to consider a “dangerousness standard” when setting bail, a proposal that progressive legislators have rejected. 

Suozzi supported the changes to the law, though he insisted “we need many, many more.” He has also pushed for the dangerousness standard and faulted Hochul for failing to get it approved. It was one of several issues where Suozzi said Hochul has not shown enough leadership or come through for Adams, whom Suozzi is close with and supported throughout his winning mayoral campaign.

Williams reiterated that there is no evidence of a link between higher crime and the bail reform laws of 2019. “The Democratic Party I belong to does a horrible job in talking about public safety,” he said. He also noted that demands by progressives to put $1 billion in the state budget for gun violence prevention were ignored. 

When pressed by the moderators, Williams pointed out that he has never used the phrase “defund the police,” saying he never thought it was the right framing but that he also doesn’t believe it appropriate to try to lecture activists on their language. Williams has long been part of the movement that garnered national momentum in 2020 and aims to move funding from law enforcement to social services and community resources.

“We know that law enforcement has a role to play. We want to lift that up with transparency and accountability. But if we want to support them, one thing we could do is make sure that everyone else has the services that they need as well,” he said.

With recent indications that the U.S. Supreme Court is leaning towards overturning Roe v. Wade, which established the federal right to abortion, New York leaders have been taking steps to make the state a haven for reproductive rights. At Thursday’s debate, Suozzi and Williams were asked how they would protect abortions if they were governor and given a chance to explain their own evolution on the issue. Both said they support making abortion a constitutional right in the state (Roe protections were enshrined in New York law in 2019).

“This state has to strengthen its laws, has to make sure that it is a sanctuary for folks to come get the service that they need,” Williams said. “What we also have to make sure we do is elongate that conversation so we have reproductive justice. So that people can have affordability, Black, brown, [immigrants], when they make this decision.”

He also reiterated that his past reservations about abortion – which he expressed more than a decade ago – were based on his personal faith and experience. “I brought myself into it. That should not have been done,” he said, insisting that he has since “removed myself…when I answer this question, make sure I answer it first from the people who will be most affected.” 

Suozzi touted his “100% rating from Planned Parenthood” and said he had never been opposed to abortion. “We have to do everything we can to keep New York State as a model for the rest of the nation to make sure that abortion remains safe, legal and accessible,” said Suozzi. But, he added, “I've always said that abortion should remain safe and legal. I used to say that it should be safe, legal and rare and we should encourage education and contraception.” He now says safe, legal, and accessible but reaffirmed he believes in expanding education and contraception to avoid unintended pregnancies.

When the candidates were given an opportunity to cross-examine each other, their questions were designed to elicit criticisms of Hochul not to differentiate from the other.

Williams asked Suozzi how he managed to receive an F from the NRA when Hochul received an A, though they are both moderates. “I'm a lifelong Democrat and kept those values,” Suozzi said. He contrasted himself with Hochul’s past conservsative positions such as her opposition to drivers licenses for undocumented immigrants and her current left leanings, including her appointment of an avowed democratic socialist to her administration. “She used to be on the far right and now she's on the far left. I don't know what she stands for,” he said. 

Suozzi, in turn, asked Williams his assessment of Hochul’s performance. Williams pointed to a recent Siena poll from April showing Hochul’s approval drop. “That means people believe that the job she's doing is not good for them,” he said. “They can feel it. They are facing eviction. They are facing foreclosure. They can't pay for their medicine. They can't pay for their medical care. They feel it right now.”

The two candidates did offer different prescriptions for economic revival, whether in New York City where Mayor Adams wants workers to return to the office or in Upstate New York, where local economies have struggled for decades. 

Suozzi said the requisite for the return to offices is public safety. “People are not coming back to their office buildings in New York City because they don't feel safe. They don't feel safe to take the subway…and it's not COVID, it's crime,” he said, though there is limited evidence to support that assertion. He did say he was open to conversation with the private and public sectors about allowing remote work where possible. On the upstate economy, Suozzi insisted that the state needs to cut taxes and regulations. 

Williams said the state needs to lead in embracing a hybrid work model that allows for a work and life balance without affecting productivity. “This is a great example of where people like the governor are trying to force the old normal when the veil has been lifted and we understand that we have a new normal,” he said. 

He also criticized the governor for continuing failed policies of the past that he said have not helped Upstate New York, such as former Governor Andrew Cuomo’s Buffalo Billion program. “Instead of dumping money into these big projects, instead of dumping money into big corporations coming, what if we gave small businesses upstate and across the state…the same tax incentives that were given to these projects that never produced the things we wanted to produce?,” he said. 

One component of a possible economic boost upstate has been proof-to-work cryptocurrency mining, which comes at a major energy and environmental cost. Williams called for a two-year moratorium on that type of mining, aligned with a possible moratorium being considered by the State Legislature, noting that it has been banned in certain other countries. 

Suozzi emphasized his pro-environment record, but he insisted that climate solutions will have to be implemented and funded at the federal level. “[We] can't do it all by ourselves here in New York state where we're pushing our utility rates through the roof and it's hurting the people that can least afford to pay their utility rates,” he said. Pressed by Arbetter to answer the question about the proposed moratorium, he did somewhat reluctantly say he would consider a “brief” moratorium on crypto-mining. 

When pressed on how they would handle covid restrictions if cases should spike again in the state, both candidates criticized the Cuomo (and by extension Hochul) administration for how it handled the pandemic. 

Williams said he would be open to reinstituting minor restrictions and protections such as vaccine and mask mandates. “What we need to do when those numbers are going up is we need to do a little bit of restrictions at that time so we can prevent stronger ones moving forward,” he said. 

Suozzi was more circumspect about bringing back any restrictions. “I just want to be very clear that I supported mandates back in 2020, and most of 2021. But there's come a time now that mandates are too toxic in our culture, and they're not appropriate at this time,” he said. 

There was also a clear gulf between the two candidates’ approach to the opioid crisis, which has worsened significantly in recent years, particularly during the pandemic. 

Williams insisted on a non-punitive approach of “compassionate care,” pointing to the success of two overdose prevention centers in New York City that have saved lives. “We want to make sure that we're treating people as human beings who need assistance,” he said. 

Suozzi, however, seemed opposed to the centers and implied that they encouraged open drug use, though that is what they are designed to prevent. “It’s not fair to communities that they're being overburdened with these injection sites, with methadone sites, all concentrated in certain neighborhoods and not in other neighborhoods,” he said, while calling for a comprehensive plan to address mental health in the state including the expansion of Kendra’s Law, which allows for court-ordered out-patient treatment of individuals who may be a danger to themselves or others and was expanded already this year in the April state budget deal.

Both candidates called for more funding for the SUNY and CUNY systems, though Williams pushed for “free public education” while Suozzi said “the answer to everything is not college” and insisted the state must invest in skills and jobs training. 

In two lightning rounds, the candidates gave brief answers to various questions, both significant and trivial. 

Neither was in favor of permanently suspending the state’s gas tax, which was suspended till the end of the year in the state budget.

Suozzi supported a four-year extension of mayoral control of city schools – Mayor Adams was just awarded a two-year extension. Williams insisted it should be “municipal control” instead, with the City Council and other local electeds playing a greater role.  

Williams did not say whether the Legislature should lift the state cap on charter schools. Suozzi said the state cap should remain intact but the cap in New York City, which has already been met, should be lifted. 

They both supported an increase in the state minimum wage. And they both were in favor of banning state elected officials from trading stocks. 

Asked which former governor they consider a role model, Suozzi pointed to Mario Cuomo. 

Williams said, “The only thing I can say is, in about four years, I'd like to say myself.”

[LISTEN: Max Politics Podcast: Tom Suozzi on His Run for Governor]

***
by Samar Khurshid, senior reporter, Gotham Gazette
     

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Series of Voting and Election Reforms on Table for Final Days of 2022 State Legislative Session


Out to vote (photo: Michael Appleton/Mayoral Photography Office)


The likelihood of Albany Democrats getting failed elections reforms back on the ballot in the next two years is dwindling as the end of the state legislative session approaches.

Despite promising to get back on the horse immediately after a surprising referendum defeat last November, Democrats with supermajorities in both houses of the Legislature do not appear to have reintroduced proposed state constitutional amendments to establish same-day voter registration and universal absentee voting. State legislators could still introduce and pass them before the scheduled end of session this week – but time is running out. 

Those are among a wide range of voting-related legislation lawmakers are considering with the final day of session. The last session day is scheduled for June 2 though lawmakers can be called back through the rest of the year.

Lawmakers have already enacted a number of changes this year, including an extension of the temporary no-excuse absentee voting in place since the onset of the pandemic, prepaid postage for absentee ballots, and poll sites on certain college campuses.

A number of other bills are awaiting Governor Kathy Hochul's signature, including one to preserve eligible votes on rejected affidavit ballots. Another to shorten the voter registration deadline to 10 days before an election appears poised to pass both houses and be signed by the governor. Hochul, a Democrat, championed both of these in her State of the State agenda in January.

Another concept she supported, voter protection legislation modeled on the federal Voting Rights Act, appears to have stalled in the Assembly. Hochul has never explicitly backed the bill legislators have advanced, which was set to pass the State Senate on Tuesday.

"Governor Hochul has taken bold action to expand voting rights and is committed to making sure New York State will continue to be a national leader on voting rights protections," wrote Avi Small, a spokesperson for the governor, in an email.

Democrats, including state party chair Jay Jacobs, backed a late-stage push to change local elections to even years in line with federal and state elections to raise voter turnout. Republicans blasted the proposal, which could disrupt voting patterns in a state where they are significantly outnumbered. The bill appears to be shelved for this year.

Lawmakers and election reformers are pushing a number of other bills they hope to pass in the waning days of session.

Those include changes to the way elections are administered at the New York City and county levels, further adjustments to absentee voting, rules for siting polling places, voting rights for incarcerated people, and a ban on touch-screen voting machines, among many others. Like the New York Voting Rights Act, a number of bills have advanced in the Senate but not the Assembly, including a host of board of elections reforms, and in some cases in the Assembly but not the Senate.

State Constitutional Amendments
Lawmakers have not introduced two state constitutional amendments that would make voting easier after New York voters rejected them in ballot referenda last fall. The amendments would allow for same-day voter registration and universal absentee voting. After the surprising defeat Democrats promised to begin the multi-year amendment cycle again when they returned to Albany.

State constitutional amendments must pass in consecutive legislative sessions, which are two years, and go before voters before going into effect. If Democrats fail to pass the amendments in this session, they will have to wait until 2025 at the earliest to try their luck again with voters because of the legislative cycle.

With same-day registration, lawmakers are looking at what some consider the next best option: lowering the voter registration deadline to the 10 days before polls close – the shortest period allowed in the state constitution – from the current 25 days before an election. Hochul supported changing the deadline in her State of the State policy agenda released in January. A bill has advanced out of the election committees in both chambers.

Lawmakers acted quickly in January to extend the temporary statute that authorizes universal absentee voting due to the risk of COVID-19. They also passed a similar bill to allow universal absentee voting in school district elections in 2022. The state budget included $4 million for postage on absentee ballots and ballot applications, the first state funding since the June 2020 primaries.

New York Voting Rights Act


On Tuesday, the State Senate passed a broad voter-protection bill intended to fill holes in the federal Voting Rights Act. This session was the first time lawmakers voted on the John R. Lewis Voting Rights Act of New York since it was introduced in 2020. It remains for the Assembly election law committee to advance, where there appears to be little appetite for the bill for reasons that are unclear. While Governor Kathy Hochul called for a state-level Voting Rights Act in her State of the State agenda, she has not publicly supported the bill.

"Governor Hochul will review this legislation if it passes both houses of the legislature," wrote Small, Hochul's spokesperson. Spokespeople for the Assembly Democratic majority have repeatedly declined to comment on the legislation’s status in that chamber.

The New York Voting Rights Act would give the state Attorney General the ability to review and reject proposed changes to voting policy in areas with a history of voter suppression. Before provisions of the federal VRA were stripped away by the U.S. Supreme Court, a similar "preclearance" authority applied to the Bronx, Brooklyn, and Manhattan

The bill requires more expansive interpretation, protections against voter intimidation and deception, and requirements to track metrics that would indicate potential rights violations. The legislation would also lower barriers to suing administrators for violating the voting rights of racial, ethnic, or linguistic groups.

‘Wrong Church’
Both houses of the Legislature passed a bill in May that would help preserve votes when a voter casts an affidavit ballot outside their assigned poll site. It now awaits Hochul's signature.

The legislation would eliminate a provision of election law known as "wrong church," which results in thousands of ballots being tossed each year.

If a voter attempts to vote in a polling place that is not their own, poll workers are supposed to direct them to the correct site. That doesn't always happen. Often when a voter's name doesn't appear on the rolls, they are instead handed a provisional affidavit ballot to cast a vote – including in down-ballot local races in which they may be ineligible to vote. Those entire ballots ultimately get tossed – almost always unbeknownst to the voter who believed they were voting in the right place – including for the top-of-ballot races the voter would have been eligible for had they been at the right poll site.

The legislation that passed, would allow those top-of-ballot votes (like for president or governor) to count as long as the voter's Assembly district is on the ballot, even if they are at the wrong site and handed an affidavit ballot. The Senate's version of the bill was originally broader, applying to all poll sites in the voter’s county, rather than Assembly district. The passed bill also has a later start date than the Senate's original proposal, becoming effective after this year's general election rather than before.

Advocates applauded the move as an incremental step forward. "This might not be the broadest bill we wanted but we think it achieves a lot of the protection that we wanted," said Jarret Berg, an election lawyer and co-founder of the advocacy group VoterEarlyNY, who has been working with lawmakers to pass the legislation. "We obviously don't know how much but by passing a law like this we can watch it for the next federal cycle."

Other Absentee Voting Bills
A bill to allow local boards of elections to designate absentee ballot drop-off locations passed the Senate in January but remains in committee in the Assembly. The legislation was first introduced in 2020 after concerns about the timely delivery of ballots through the U.S. Postal Service.

Another bill would require administrators to count ballots where a voter's intent is "unambiguous" even if there are other stray marks on the paper, which often result in ballots being thrown out. That bill passed the Senate in January and the Assembly in May. It still needs the governor's signature to be enacted. Time is running out for it to apply to the June primaries for statewide offices and Assembly seats.

Last December, Governor Hochul signed legislation to establish a digital application system to request absentee ballots and another online system to track cast absentee ballots. Hochul also enacted a bill to expedite the counting of absentee, military, and affidavit ballots.

Poll-Site Location
The Hochul administration has enacted two laws intended to increase the number and convenience of poll sites and boost voter turnout.

The "Make Voting Easy Act," signed in December, requires local boards of elections to designate at least one early voting poll site for every 30,000 registered voters in a county. In April, lawmakers also enacted legislation through the state budget that will require poll sites on many college campuses beginning in November.

Other legislation to enact so-called "portable" early voting locations passed the Senate in January and has been stuck in committee in the Assembly. The legislation would allow local elections boards to open pop-up early voting sites for a minimum of three consecutive days in order to increase access in hard-to-reach areas. The portable sites cannot replace existing polling places.

Every county outside New York City allows voters to cast ballots at any early voting site within their borders. In New York City, residents can only vote at assigned sites, sometimes fairly distant from their home or work. Advocates want to see the city Board of Elections move to an unassigned vote center model like other counties have. While there are no proposed bills to require this, the current law mandates administrators establish early vote centers if it is technically feasible, according to Berg of VoteEarlyNY. That question has not been considered by election commissioners since early voting first began in 2019, Berg said.

Election Administration and Board of Elections Professionalization
Each year, New York's elections are marred by technical errors and administrative blunders that disenfranchise voters and dash faith in elections. Voting rights advocates blame Board of Elections' explicitly bipartisan framework that gives party leaders power to make appointments, often rewarding loyalty at the expense of professionalism.

A number of bills have been introduced to improve election administration standards. Few deal with the partisanship underpinning, which is partially a matter of the state constitution.

Legislation on the table include bills that would set standard qualifications for Board of Elections commissioners and employees in New York City and beyond, require more training for commissioners, staff, and poll workers, and make local commissioners more accountable to the public and state regulators. While many bills have seen engagement in the Senate, the Assembly has been less enthusiastic to take them up.

"New Yorkers shouldn’t have to wait for another headline-grabbing BOE blunder to get their election system fixed,” said Ben Weinberg, policy director at the good government group Citizens Union.

"The Senate has done an excellent job moving these reforms forward, and lawmakers in both houses should pass them this session," he said.

Getting the most attention is a bill sponsored by Senator Liz Krueger and Assemblymember Nily Rozic, two New York City Democrats, that would inject a number of these components into the New York City Board of Elections, one of the country's most notorious boards. While it doesn't change the bipartisan structure of the BOE, which would require a state constitutional amendment, the bill would set other professional standards and modify the makeup the board.

That includes reducing the number of commissioners from ten to two, while leaving them to be chosen by party leaders and confirmed by the New York City Council. It would more clearly delineate some of the duties of commissioners and key officers and require board members to meet certain qualifications, among other provisions.

The bill passed in the Senate on May 17. It has so far failed to gain traction in the Assembly where it remains in committee.

Rights Restoration
After the passage of a bill last year to restore the voting rights of people on parole, advocates are now looking at voting for people in prison and jail as the next frontier in enfranchising the disenfranchised.

A bill was introduced in 2019 to statutorily restore the vote to incarcerated people that advocates feared would be vulnerable to challenge in the courts. Last year, lawmakers drafted an amendment to insert that right directly into the state constitution. Advocates, like the Let New York Vote coalition, supported the amendment but it has garnered little attention this session.

Neither the amendment nor the 2019 bill have advanced out of committee. With days left in session, it is unlikely the amendment will pass in time to be considered for a second time in the next legislative session. If it doesn't, the soonest it could get on the ballot to be approved or rejected by voters is 2025.

Hybrid Voting Machines
Election reform groups areressing lawmakers to ban so-called "all-in-one" touchscreen voting machines, which they say are vulnerable to malfunction, confusion, and hacking. The machines, also known as hybrid voting machines, use a touchscreen to cast a vote and can either print and then scan a machine-marked ballot or submit the vote electronically.

Election security experts have raised concerns about the lack of accountability and integrity having a non-physical ballot would bring. Last year, the State Board of Elections denied certification of an all-in-one machine, the ExpressVote XL, which the New York City Board of Elections was seeking to use.

A bill to prohibit hybrid voting machines is expected to pass in the Senate this session, as it did last year. It has never been voted on in the Assembly. The bill has the support of advocates like the Let New York Vote coalition and Public Advocate Jumaane Williams.

"These hybrid voting machines are expensive, inaccessible, and risky, and we cannot allow them to be used in New York elections," Williams said in a statement. "Albany can pass the hybrid ban bill now before the summer elections, and it absolutely must."

"Our current system is already the current gold standard: voter-marked paper ballots and optical scanners," said Susan Lerner, executive director of Common Cause New York. "Any one-in-all voting machine would be a serious –and expensive – needless step backwards."

Passed the Senate, but not the Assembly
Seven other voting-related bills passed the Senate this year but have yet to move through the Assembly.

One would codify the right of voters to register in the district of a second home. Another would enact the Democracy Preservation Act, which would prohibit political contributions from corporations owned by foreign entities and nationals. A third would change the order candidates appear on the ballot to ensure candidates for executive office appear first, regardless of whether they are federal or state.

On Tuesday, the Senate passed four more bills that have not moved in the Assembly. They include the New York Voting Rights Act and a bill sponsored by Senate Majority Leader Andrea Stewart-Cousins that would make voter suppression and deception crimes and raise penalties for related offenses. The Senate also passed a bill to regulate and create a statewide database of public voting and elections data. The fourth would make interfering with elections electronically a misdemeanor offense. None of them have been advanced out of committee in the Assembly.

Passed the Assembly, Not the Senate
In May the Assembly passed three voting-related bills that have yet to cross the finish line in the Senate. The bills would allow for an additional day of voting during states of emergency; protect the confidentiality of voter registration information of victims of sexual violence; and extend eligibility for party positions to non-binary people.

Mike Murphy, a spokesperson for the Senate Democratic Majority, said Tuesday that the chamber was expected to pass the latter two bills but not the one related to voting during emergencies.

***
by Ethan Geringer-Sameth, reporter, Gotham Gazette
     

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‘Running on the Issues People Care About’: Tom Suozzi Makes His Case for Governor Ahead of June Democratic Primary


Rep. Tom Suozzi (photo: Suozzi's office)


As he runs for Governor of New York this year, U.S. Representative Tom Suozzi is offering his experience and approach as a “common sense Democrat” to voters in the fast-approaching primary. Suozzi, of Long Island, argues his more than two decades in elected office, including executive and legislative roles, record of accomplishment, and vision for the future of the state differentiate him from his opponents and demonstrate his ability to follow through on his campaign promises.

“Every politician says ‘I’m gonna do this, I’m gonna do that’,” said Suozzi, who represents New York’s 3rd congressional district covering parts of Long Island and Queens, in a recent appearance on the Max Politics podcast from Gotham Gazette. “I’ve got a record of 16 years as a chief executive in government and five-and-a-half years in Congress of delivering money back to the state of New York and getting things done.”

During the interview with Gotham Gazette editor Ben Max, Suozzi discussed his campaign, how he differentiates himself from his competitors, and a wide range of issues affecting New Yorkers including the baby formula shortage, reproductive rights, taxes and affordability, and the regional mass transit system.

Suozzi also reflected on his 2006 run for governor and how his loss that year to Eliot Spitzer has informed his current campaign. He addressed his personal finances and argued repeatedly that he would better serve New Yorkers than Hochul.

The Democratic primary for governor is scheduled to take place in June -- with early voting June 18-26 and primary day June 28. Suozzi is running against Governor Kathy Hochul, who took office less than a year ago after the resignation of Governor Andrew Cuomo, and New York City Public Advocate Jumaane Williams, who is running to the left of the more moderate Hochul and Suozzi. The congressman is courting many of the same voters Hochul is attempting to appeal to, and he is making a concerted effort to woo those further toward the middle and right of the political spectrum, especially on issues like crime and criminal justice reform.

New York’s political calendar has gotten messy after the decennial redistricting process went awry. Along with the statewide primaries, those for state Assembly seats will also be held in June. But the primaries for State Senate and the U.S. House of Representatives that were also supposed to be in June were court-ordered to move to August when Democrat-drawn legislative maps were ruled unconstitutional by a judge. Suozzi said on the podcast that a consolidated primary would save money and secure higher voter turnout, but he predicted Hochul would leave the dates unchanged in order to prevent Cuomo from having more time to enter the primary.

Suozzi commented on how, if elected, he would address hot button issues like the baby formula shortage and access to abortion in a post-Roe United States, pending a Supreme Court ruling that is expected in June and, based on a leak draft majority opinion, could overturn 50 years of reproductive rights precedent.

Suozzi said he would harness the state’s purchasing power to provide formula directly to New Yorkers. Discussing abortion, Suozzi said he would approach things similar to how Hochul has acted in the wake of the Supreme Court leak, but would put more emphasis on preventing unintended pregnancies by promoting education and contraception.

“We have to do everything we can to ensure that abortion remains safe, legal, and accessible in New York State,” he said.

On what he’s learned since his first run for governor in 2006, Suozzi said he better understands the inner workings of the press, relationships, legislation, and the bureaucracy, with deeper insights into the insider’s game of New York politics as well as much more government experience.

Suozzi, who trails Hochul in the polls and in fundraising by wide margins, outlined his strategy focused on talking directly to voters, including a series of telephone town halls with registered Democrats.

“I’m losing my voice as you can hear because I’ve been talking so much,” he said. He will have important opportunities in upcoming debates -- scheduled for June 7 and 16 -- to speak directly to voters while standing next to his opponents.

Throughout his campaign, Suozzi says he aims to communicate that he is a “common sense Democrat” who is “running on the issues that people care about” including crime, taxes and affordability, education, and government corruption, which he said he added to the list given that Hochul’s first pick for Lieutenant Governor, Brian Benjamin, resigned after being charged with public corruption from his time as a State Senator.

Suozzi attributes New York’s increase in net out-migration – more people leaving than arriving in the state – to crime and the high cost of living.

“When I was born, New York state had 45 members of Congress…Today we have 27 members of Congress, and it’s going down to 26 in January because of the new Census,” he said. “It’s not sustainable. We can’t survive this way.”

Suozzi said it is possible to “serve people better and save money in the process” by increasing state aid to localities, especially for education, while cutting property and income taxes.

Asked how he would cut costs in government programs without reducing important services or lowering workers’ wages, he emphasized his pro-union bona fides and referenced his previous work in Nassau County where, as county executive, he said he reduced the workforce through attrition, technology, and the consolidation of departments without cutting services or wages. He acknowledged he did raise taxes early on, but indicated the local economic and fiscal circumstances were far different than what the state is facing now.

When asked repeatedly, Suozzi did not note any specific improvement plans for the MTA, which runs the New York City subway and buses and the commuter rails, but said he would bring in “talented people” who “know how to get things done.” He said that as a member of Congress he does not have the staff or time to focus in on all the details of how the MTA is run to have a plan in place for better execution and efficiency at the state-run authority where the governor holds immense sway, but promised that as governor he would be able to use his management skills to make significant improvements to the agency that is notoriously underperforming and wasteful.

The key to providing more affordable housing options for New Yorkers is to increase supply, he said. Asked particularly about increasing housing around Long Island transit hubs to undo the suburbs’ significant lack of contribution to the state and metro region housing supply, Suozzi referenced the “cool downtowns” program he had implemented as Nassau county executive. He said he would revive and expand the program for suburban areas with more apartments near train stations to attract young renters and home-buyers.

Suozzi said he would also build more affordable housing units by offering tax incentives, limiting the rate of return to developers, and ensuring union workers are paid prevailing wages.

Toward the end of the discussion, Max asked Suozzi about his taxes and large stock portfolio. The Campaign Legal Center filed an ethics complaint against Suozzi in September for failing to disclose his stock trading activity, allegedly violating the Stop Trading on Congressional Knowledge (STOCK) Act. Suozzi has repeatedly said he did not know he needed to make additional disclosures beyond what he regularly did and that as soon as it was flagged he said he would start doing so.

Asked if he could guarantee New Yorkers he has never used his position to make gains in financial transactions (a form of insider trading), Suozzi said he could and took some offense to the question. He denied any involvement in the trades that his broker makes on his behalf. In fact, he said that the broker had recently made a trade he disagreed with but that it was the nature of the way he has set things up to avoid conflicts of interest.

He also said he would not release his tax returns before the June primary, but since his appearance on Max Politics, Suozzi reversed course, pledging to soon release his tax returns.

In making his closing argument on the podcast, Suozzi warned that if Hochul won the Democratic nomination she would lose in the general election.

“If Democrats want to keep New York state in Democratic hands, they should elect Tom Suozzi in the Democratic primary,” he said. “I’ll run [New York State] better, more effectively, more efficiently, and better for the taxpayers, with the people’s interest at heart.”

[LISTEN to the full conversation: Max Politics Podcast: Democrat Tom Suozzi on His Run for Governor]

***
Lindsay Shachnow, Gotham Gazette

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Latino Vote Podcast: Latinos & 2022 Redistricting in New York


Latino leaders at the Dominican Day parade (photo: William Alatriste/City Council)


Former New York City Council Speaker Melissa Mark-Viverito and Lucia Gomez, the political director of the New York City Central Labor Council, joined host Eli Valentin on this episode of the Latino Vote podcast to share insights on the recently-completed 2022 redistricting process in New York and what it may mean for Latino political power.

Read more: Latino Vote Podcast: Latinos & 2022 Redistricting in New York

As End of Albany Session Approaches, Legislators Near Consensus on New York Equal Rights Amendment Including Abortion Protections


A rally for reproductive rights (photo: Don Pollard / Governor’s Office)


Momentum is building behind an Equal Rights Amendment to the New York State Constitution that would enshrine reproductive rights and a range of anti-discrimination protections into the state's highest governing document.

Versions of the amendment have circulated in the Legislature for years without being reconciled among the two chambers, the Senate and Assembly. But it has gained new urgency with the expected U.S. Supreme Court demise of Roe v. Wade, as states look to shore up their own abortion rights.

On Thursday, the Assembly introduced a new version of the legislation that is substantively the same as the bill being discussed in the Senate, indicating lawmakers are approaching consensus.

The amendment's sponsors expressed optimism a version of the ERA will pass this legislative session, a requisite to getting it approved by voters before 2025. Previous attempts at passage in 2019 and 2020 failed because of disagreements between Senate and Assembly Democrats over the breadth of protected categories.

"It seems like where we were in disagreement was truly in the weeds of how different constitutional experts interpret how you write things into constitutions," Senator Liz Krueger, a Manhattan Democrat and the amendment's prime State Senate sponsor, told Gotham Gazette of recent discussions.

"The central staff are still in negotiation with each other," she said. "I think we've come much closer but I can't tell you it's soup yet."

Assembly Member Rebecca Seawright, another Manhattan Democrat and the Assembly sponsor, told Gotham Gazette in a statement, "I’m very optimistic that we will pass equal rights legislation this year."

Mike Murphy, a spokesperson for the Senate Democratic Majority wrote in an email, "we are still discussing and hope to have path forward."

Spokespeople for Assembly Speaker Carl Heastie, a Bronx Democrat, did not respond to requests for comment.

The current bill would prohibit discrimination based on sexual orientation, gender identity and expression, and pregnancy and "pregnancy outcomes." The latter would enshrine abortion rights in the state constitution, according Krueger and a legislative source in the Assembly. Both bills also protect against discrimination on the basis of ethnicity, disability, and national origin.

The state enacted a statute in 2019 to protect reproductive rights and the state Human Rights Law contains a number of the protections outlined in the ERA. Placing them in the state constitution would give those rights a higher standard of review and protections from challenge in the courts. A federal ERA to ensure equal rights for women was introduced in 1923 but has never been ratified, though a number of states have adopted their own ERAs.

The Krueger-Seawright ERA would make New York's one of the most expansive in the country. The bill would make the protections self-executing, meaning they would not have to be further clarified in future legislation. They would also prohibit actions that have a discriminatory impact, whether or not it was intentional – a step beyond interpretations of the U.S. Constitution's Equal Protection Clause, according to a legislative memo attached to the bill.

Constitutional amendments must be passed in two consecutive legislative sessions and then be ratified by voters in a ballot referendum. With this year being the second in a two-year legislative session, the amendment must pass both houses this year or be ineligible for a second passage in the next two years. The last day of the legislative session is scheduled for June 2, though there is always a chance of a special session before year’s end. If an ERA passes this year and again next year (in the new Legislature based on this year’s election), it could appear on the general election ballot across the state as soon as fall 2023.

Prior to 2021, the Assembly advanced a version of the amendment that was not self-executing and incuded protections only on the basis of sex, but not gender identity or other categories. Seawright's latest introduction would be self-executing and added language to protect sexual orientation, pregnancy and pregnancy outcomes.

In previous years, Krueger's ERA included protections on the basis of age – something the current iteration in both houses leaves out. Krueger told the Capitol Pressroom on Monday that she is still pushing for its inclusion in negotiations with other lawmakers.

There is also the question of a right to privacy, which Krueger has said is critical to ensuring other rights but which does not appear in the legislation she is currently working on.

She said the question is, "whether establishing right to privacy needs to be said separately or whether it's a de facto given," adding, "things like that are what seem to be holding up our ability to finalize, not fundamental disagreements over the purpose of this constitutional amendment."

Democratic Governor Kathy Hochul called for an Equal Rights Amendment as part of the "Equity Agenda" she released in January. She renewed those calls in the aftermath of the leaked draft Supreme Court decision that, if handed down, would eliminate federal abortion rights under the 1973 Roe v. Wade decision.

The ERA is "something we're looking at right now," Hochul said at a virtual press conference on May 10. "There are still a number of versions out there. This is something we actually looked at a number of years ago, and I supported this as lieutenant governor."

"At the time," she said, "we felt more secure that these rights would not be stripped away by the Supreme Court, but you had to be ready for anything, especially after the 2016 election. And now we're seeing the results of that."

When asked whether the governor would sign the legislation if it passed both chambers, a spokesperson for Hochul referred Gotham Gazette to the May 10 statement.

Former Governor Andrew Cuomo backed an ERA year after year in his policy agendas and budget proposals but it never passed before he resigned last year amid multiple sexual harassment and corruption allegations.

"We will pass an expanded, nation-leading Equal Rights Amendment so that no matter what happens at the federal level, all New Yorkers will be afforded the complete and unequivocal protections they deserve," Cuomo said in a statement as part of his 2020 State of the State agenda.

***
by Ethan Geringer-Sameth, reporter, Gotham Gazette
     

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Max Politics Podcast: Senator Andrew Gounardes on End of Legislative Session Priorities & More


State Senator Andrew Gounardes (photo: NY Senate Media Services)


May 25, 2022 - Max Politics Podcast: Senator Andrew Gounardes on End of Legislative Session Priorities & More

State Senator Andrew Gounardes, a Brooklyn Democrat, joined the show to discuss major issues being negotiated as the end of this year's state legislative session nears. Gounardes discussed speed camera legislation, mayoral control of New York City schools, the 421-a real estate/affordable housing tax program, Mayor Adams' relationship with the State Legislature, and more.

Listen to the conversation and let us know what you think, on Twitter @TweetBenMax. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts at Max Politics.

Read more: Max Politics Podcast: Senator Andrew Gounardes on End of Legislative Session Priorities & More

Stringer Preps State Senate Primary Challenge to Hoylman


Scot Stringer, left, and Brad Hoylman (photo: @bradhoylman)


New York State Senator Brad Hoylman, a Manhattan Democrat, is running for reelection in a redrawn district after a chaotic state redistricting process. But the incumbent could face serious competition in the August primary as former New York City Comptroller and mayoral candidate Scott Stringer is gearing up to challenge him.  

Hoylman had previously considered a bid for an open seat in New York’s 10th congressional district, which is currently represented by U.S. Rep. Jerry Nadler, who is now running in the redrawn 12th district, represented by fellow Democratic Rep. Carolyn Maloney. There is already a crowded field for the new 10th district seat, including former Mayor Bill de Blasio. 

But Hoylman decided to eschew that primary and seek reelection. He currently represents District 27, which covers parts of Manhattan’s east and west side including the neighborhoods of Greenwich Village, Chelsea, Hell's Kitchen, Columbus Circle, Times Square, the Upper West Side, the East Village, Midtown East, and the Lower East Side.

After redistricting, Hoylman lives in District 47, which is situated entirely on the west side, stretching from the Meatpacking District through the Upper West Side up to West 100th Street — some of which is Stringer’s old base. Another candidate, Maria Danzilo, who unsuccessfully ran for City Council on the Upper West Side last year, is also running against Hoylman. 

“I'll be running on my record of legislative accomplishments, which I think will stand up to just about anyone,” Hoylman said in an interview. 

“It's been challenging every step of the way but I've succeeded on issues that I think many thought were not possible,” he added, “whether it's the Child Victims Act or the Adult Survivors Act, protecting transgender New Yorkers, fighting for tenants and seniors, and passing the most groundbreaking legislation on climate action.”

Hoylman’s new district includes about 52% of the residents from his current district, which means he will have vast swathes of new constituents. “I look forward to talking to those voters,” said Hoylman, who is not unfamiliar with other parts of Manhattan given his unsuccessful 2021 bid for Manhattan Borough President.

Those new voters are largely on the Upper West Side, which has been Stringer’s base for nearly 30 years. He represented the area as a member of the State Assembly from 1992 to 2005, and its voter-rich territory catapulted him to two terms as Manhattan Borough President and two as Comptroller, and came out relatively strong for him in his 2021 mayoral bid, which crashed in most other parts of the city after sexual misconduct allegations were made against him.

A person close to Stringer said that an analysis showed the numbers even more in his favor – that Hoylman has only represented 41% of Democratic registered voters in the new district while 57% of those voters are new to him. 

In an interview, Stringer would not confirm whether he is launching a campaign for Hoylman’s district which, as City & State first reported, he was rumored to be considering when the race would’ve been for an open seat if Hoylman ran for Congress.

But Stringer is taking steps that would set him on the path to a primary contest. He has been out in the streets with “a coalition of folks,” he said, collecting petition signatures to get on the August primary ballot -- primary day is August 23, with early voting preceding it. On Wednesday, he tweeted a photo of himself holding literature that clearly reads, “Scott Stringer for State Senate.” But he subsequently reiterated that he isn’t confirming his bid. 

“I haven't confirmed anything. We have not had a formal announcement yet,” he said in a brief phone interview. “So we're not going to dive right in. But an announcement will come as we get things a little further down the line.” 

“We're taking things slow, building consensus,” he added. 

Though he would in part be returning to his political roots and likely able to rely on many loyal supporters, Stringer faces some serious disadvantages. In last year’s mayoral race, he was a leading contender in the Democratic primary as one of the only elected officials in the race, along with then-Borough President Eric Adams, and a citywide one at that. But his campaign was thrown into disarray after multiple women came forward with allegations of sexual harassment that dated back decades. Stringer denied the allegations but lost the support of several elected officials and groups who had previously endorsed him. He later came in fifth in the primary. 

“We always talk about men's reputations being harmed and this false idea of cancel culture and yet, Scott Stringer is making the decision that he's going to come back into public life, political life, without ever taking accountability for his actions,” said Erica Vladimer, co-founder of the Sexual Harassment Working Group (SHWG), a group of current and former legislative aides who were sexually harassed and have led the effort to enact new state laws to prevent and punish such behavior.

Vladimer, who is running for a Democratic state committee position, also noted that Stringer’s campaign sought to discredit the account of one of his accusers, Jean Kim, who said he groped her when she worked on his unsuccessful campaign for public advocate in 2001. “He is acting as every candidate does. He is taking the actions of someone who expects to see their name on the ballot and expects to hold the public trust, and he doesn't deserve that,” Vladimir said. 

“Everyone deserves the opportunity to rectify harm and be welcomed back into whatever spaces they want to be a part of. He has yet to take any steps to prove that he deserves to be welcomed back into public service,” she added. 

Hoylman, on the other hand, “has been an ally of survivors since I've known him,” she said. Just this week, the Adult Survivors Act, which Hoylman sponsored, was signed into law by the governor. The legislation creates a one-year look-back window for adult sexual assault survivors to sue their alleged abusers.

Stringer has maintained support from several prominent elected officials from his home base including Rep. Nadler, Assemblymember Linda Rosenthal, former Manhattan Borough President Ruth Messinger, and others. Opinions of him are even divided within the Sexual Harassment Working Group. Elizabeth Crothers, another co-founder of the group, has repeatedly come to Stringer’s defense since the allegations were made last year. “While I don't use the word ‘integrity’ often nor lightly, I've seen that Scott has integrity - even when others don't,” she tweeted the day of the mayoral primary last June. “Whatever the election results, that will remain true.”

Hoylman, dealing with a new district and Stringer's machinations, quickly lined up and announced a series of endorsements in the last week, including from several progressive elected officials who had been allies of both men in the past, such as his Senate colleagues Senators Jessica Ramos, Julia Salazar, and Alessandra Biaggi, all of whom were among those who had endorsed Stringer in the mayoral primary but then rescinded that support upon Kim's allegations. 

“It's gonna be a tough race for [Stringer],” said Chris Coffey, CEO of Tusk Strategies, who co-ran Andrew Yang’s Democratic primary campaign for mayor last year, often clashing with Stringer’s campaign aides. “Brad is a popular legislator who has gotten a tremendous amount done in his time in Albany. So Scott is running against an incumbent and a popular incumbent. I don't know that that's the race that Scott intended it to be.” 

Coffey said Hoylman is not only one of the most effective members of the state Legislature, but also a strong campaigner and fundraiser. “As far as I know, he doesn't really have any negatives,” he said. And Stringer, he pointed out, did not fare so well on the Upper West Side in last year’s mayoral race despite it being his political stronghold. Kathryn Garcia, the former city sanitation commissioner who came in second to Adams in the primary, dominated the area.

“People have a choice now between a competent, well-liked legislator who has no baggage that I know of,” Coffey said, “versus someone who has just had this kind of tough experience in the mayoral race and not done well, even if he's a generally well-liked person, which I think [Stringer] is.”

***
by Samar Khurshid, senior reporter, Gotham Gazette
     

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Note - This article has been updated to note that Maria Danzilo is also running for the District 47 Senate seat. 

Max Politics Podcast: Alessandra Biaggi on Running for Congress and Taking on Sean Patrick Maloney


State Senator Alessandra Biaggi (photo: NYS Senate Media Services)


May 24, 2022 - Max Politics Podcast: Alessandra Biaggi Takes on Sean Patrick Maloney

State Senator Alessandra Biaggi joined the show to discuss her decision to run in New York's new 17th Congressional District, where she is set to compete in the Democratic primary against Rep. Sean Patrick Maloney, who currently represents the 18th Congressional District.

Listen to the conversation and let us know what you think, on Twitter @TweetBenMax. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts at Max Politics.

Read more: Max Politics Podcast: Alessandra Biaggi on Running for Congress and Taking on Sean Patrick Maloney



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