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

October 24, 2024

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

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

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

Key Dates and Deadlines

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

Know Your Rights

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

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

Voter Identification

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

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

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

Accessibility and Accommodations

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

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

Preventing Voter Intimidation

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

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

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

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

Protecting Against AI Misinformation

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

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

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

Election Protection Hotline

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

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

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

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

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