S1036

The New York State Senate passed S1036, legislation that would allow voters to register and cast ballots at vacation homes or second residences, codifying four decades of Court of Appeals precedent on voter intent and residency. The bill passed 37-22 on a party-line vote, with all 22 nays coming from Republican senators. Sponsor Sen. Myrie argued the measure clarifies existing law to reduce costly litigation and applies broadly to college students attending school across the state, not just wealthy second-home owners. "The Court of Appeals has already said that what matters in these cases is the voter's intent and their ability to be connected to the place that they choose to register at," Myrie said. "This bill is seeking to clarify that, make that clear in statute." Myrie cited a 2020 congressional election decided by 109 votes that required extended litigation over registration questions. Opponents, led by Sen. Walczyk, contended the bill creates an improper "special voting privilege" for wealthy New Yorkers and enables double voting. "They should be voting where they live, where their home is, not where their vacation home is," Walczyk said. A floor amendment by Walczyk to require voter ID at polls was ruled nongermane and defeated on appeal. The bill takes effect immediately.