Tuesday, March 17, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 17, 2009 11 3:20 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: 15 Reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, March 16, the Senate met pursuant to 19 adjournment. The Journal of Friday, March 13, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 may we at this time adopt the Resolution 12 Calendar in its entirety, with the exception 13 of Legislative Resolutions 791 and 812. 14 ACTING PRESIDENT VALESKY: 15 Senator Klein, did we want to do the 16 amendments first before the Resolution 17 Calendar? 18 SENATOR KLEIN: We have two 19 amendments. 20 On behalf of Senator Schneiderman, 21 on page 5 I offer the following amendment to 22 Calendar Number 23, Print Number 1647, and ask 23 that said bill retain its place on the third 24 reading of the calendar.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: So 2 ordered. 3 SENATOR KLEIN: The second, on 4 page 6, I offer the following amendments to 5 Calendar Number 25, Senate Print 1755, and ask 6 that the said bill retain its place on the 7 Third Reading Calendar. And that's also by 8 Senator Schneiderman. 9 ACTING PRESIDENT VALESKY: So 10 ordered. 11 Now, with respect with the Senate 12 Resolution Calendar, all those in favor of 13 adopting that calendar in its entirety, with 14 the exception of Legislative Resolutions 791 15 and 812, please signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT VALESKY: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT VALESKY: The 21 Resolution Calendar is adopted. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can we take up Senate Legislative Resolution

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(518) 371-8910 1 Number 791. I ask that the resolution be read 2 in its entirety and move for its immediate 3 adoption and have Senator Maziarz speak on the 4 said resolution. 5 ACTING PRESIDENT VALESKY: The 6 Secretary will read. 7 THE SECRETARY: By Senators 8 Onorato and Maziarz, Legislative Resolution 9 Number 791, commemorating the 98th Anniversary 10 of the Triangle Shirtwaist Factory Fire on -- 11 ACTING PRESIDENT VALESKY: Can we 12 have some order, please, in the Senate. 13 Thank you. 14 THE SECRETARY: -- on March 25, 15 2009. 16 "WHEREAS, It is the sense of this 17 Legislative Body to commemorate the 98th 18 Anniversary of the Triangle Shirtwaist Factory 19 Fire on March 25, 2009; and 20 "WHEREAS, On Tuesday, March 24, 21 2009, at 1:00 p.m., a special memorial 22 ceremony, including an exhibit and a 23 legislative resolution honoring the memory of 24 those who were lost, will be held by the

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(518) 371-8910 1 New York State Commissioner of Labor, M. 2 Patricia Smith, and the New York State Senate, 3 commemorating the Triangle Shirtwaist Factory 4 Fire, following in the footsteps of former 5 Labor Commissioner Frances Perkins, who said: 6 "They did not die in vain, and we will not 7 forget them"; and 8 "WHEREAS, It is the further intent 9 of this Legislative Body to recognize the 10 ongoing efforts of UNITE HERE, the Union of 11 Needletrades, Industrial and Textile 12 Employees, in striving to make working 13 conditions for the American people the safest 14 in the world; and 15 "WHEREAS, Each year, UNITE HERE, 16 together with the New York City Fire 17 Department, commemorates the anniversary of 18 the Triangle Shirtwaist Factory Fire at the 19 original site of the tragedy with a wreath and 20 speeches, and members of Ladder Company 20, 21 the first to respond to the fire, toll their 22 bell and raise their ladder to the sixth 23 floor. This year the ceremony will take place 24 on Wednesday, March 25, 2009, at the corner of

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(518) 371-8910 1 Washington Place and Greene Street; and 2 "WHEREAS, With the terrible attack 3 of our nation on September 11, 2001, still so 4 painfully fresh in our hearts and minds, it is 5 more important than ever that we reflect on 6 the strength and heritage of our great 7 country. We owe a debt of gratitude and 8 remembrance to our immigrant forebears and, 9 while the Triangle toll was a grievous wound 10 for our Jewish and Italian grandparents and 11 ancestors, all should join together to record, 12 remember and memorialize the sacrifices and 13 courage of all the immigrants who built this 14 nation so that their children and descendants 15 would reap the rewards of their achievements 16 and enjoy the benefits of life and liberty in 17 America, the greatest country in the world; 18 and 19 "WHEREAS, At the turn of the 20 century, urban working conditions in the 21 United States were appalling. Noplace else 22 were these conditions more deplorable than in 23 New York's garment industry. Here, young 24 women, mostly recent immigrants, toiled from

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(518) 371-8910 1 dawn to dusk. In the winter of 1909, a strike 2 was organized; the union believed that if it 3 could get 3,000 workers to go out on strike, 4 the strike would be successful. Amazingly, 5 20,000 women, including workers from the 6 Triangle Shirtwaist Factory, joined the 7 strike, but despite their courageous efforts, 8 the conditions did not improve; and 9 "WHEREAS, The shirtwaist was the 10 uniform of the new woman. The first women to 11 go out to work as 'typewriters' wore it; so 12 did the 'Gibson Girls' that Charles Dana 13 Gibson drew playing golf or croquet. It was 14 the first civilian garment simple and loosely 15 fitted enough to be made in factories by the 16 dozens, instead of custom-made one at a time 17 by dressmakers or tailors; and 18 "WHEREAS, By the early 1890s, 19 shirtwaists were being made in modern 20 factories, at long rows of sewing machines 21 powered by electricity. Max Blanck and Isaac 22 Harris, owners of the million-dollar Triangle 23 Shirtwaist Company, with operations in 24 New York and Philadelphia, were the

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(518) 371-8910 1 'shirtwaist kings.' Their biggest factory 2 occupied the top three floors of a new, 3 fireproof building a block from Washington 4 Square in New York and employed approximately 5 600 people; and 6 "WHEREAS, The employees were 7 putting on their hats and coats at quitting 8 time on Saturday, March 25, 1911, when someone 9 noticed smoke curling from the long rag bin 10 under the under the cutting tables along the 11 windows on the eighth floor. The month's 12 accumulation of linen and muslin scraps caught 13 fire, then the fabric that was laid out on the 14 tables, then the paper patterns strung open on 15 the wire above them, then the big wicker 16 baskets full of bundled work that stood by 17 each sewing machine; and 18 "WHEREAS, There were no sprinklers; 19 only three weeks before, an association of 20 property owners had met to oppose the fire 21 department's campaign to require them; and 22 "WHEREAS, In the Triangle fire, all 23 but one of the terrified seamstresses and 24 cutters on the eighth floor escaped, whether

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(518) 371-8910 1 by one of the two small elevators or down one 2 of the building's two narrow stairways, each 3 wide enough for only one person to descend at 4 a time. Somebody telephoned a warning to the 5 executives on the 10th floor, where the fire 6 quickly spread, and many from the offices and 7 the pressing and shipping rooms on the 8 10th floor, including the shirtwaist factory 9 owners themselves, caught an elevator or 10 escaped over the roof; and 11 "WHEREAS, Tragically, nobody told 12 the ninth floor. By the time they knew, they 13 were caught between fires above and below 14 them. Some ran for the elevators, others for 15 the doors to the stairs. One set of doors was 16 locked to keep girls from leaving early. The 17 doors to the other stairway opened inward, and 18 almost immediately the terrified crush made it 19 impossible to open them. Soon the stairs were 20 cut off by the fire; and 21 "WHEREAS, The elevator operators 22 did their best, each making seven or eight 23 trips through smoke and flames. But as the 24 fire grew, it forced one after another of the

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(518) 371-8910 1 desperate waiting crowds of girls and young 2 women to leap into the open shaft, until 3 finally the elevators could not rise because 4 they were jammed by bodies; and 5 "WHEREAS, The rest of the 6 ninth-floor workers were forced to the 7 windows. They stood on the ledges as long as 8 they could, waiting for the fire ladders, but 9 the city's longest ladder reached only to the 10 sixth floor. And as the fire reached out the 11 windows after them, they began to jump, many 12 holding hands, to their deaths on the 13 sidewalks and fences below; and 14 "WHEREAS, The date March 25th holds 15 a special significance for all working people 16 because of this tragic Triangle Shirtwaist 17 Factory Fire in New York City that took the 18 lives of 146 garment workers, a tragedy that 19 occurred on March 25, 1911; and 20 "WHEREAS, Among those lost were 21 many sisters, mothers, daughters and family 22 groups, including Mrs. Caterina Maltese and 23 her daughters, Lucia and Rosaria; and 24 "WHEREAS, This tragedy became the

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(518) 371-8910 1 most vivid signal of the need for workplace 2 safety and spawned the labor movement. The 3 Factory Investigating Commission was formed 4 following the fire to study and make 5 recommendations on working conditions. This 6 marked the beginning of auspicious political 7 careers for both the chairman, Robert T. 8 Wagner, Sr., who went on to become a U.S. 9 Senator, and its vice chairman, Alfred E. 10 Smith, who became New York State Governor. In 11 addition, among the investigating inspectors 12 were Frances Perkins and Rose Schneiderman, 13 women who were pivotal in the history of 14 American labor. The findings of the 15 commission became the basis for far-reaching 16 safety laws across the nation and forged the 17 New York State Department of Labor. The 18 Triangle Shirtwaist Factory Fire started a 19 movement to fight sweatshops which continues 20 to this day; and 21 "WHEREAS, For the first time ever, 22 thanks largely to the efforts of architect 23 Marianne DiPalermo McCauly, historian Jeff 24 Gottlieb, and the Calandria Italian American

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(518) 371-8910 1 Institute, a list of names of 135 of the 146 2 victims has been compiled. As a result, it 3 has been determined that the tragic victims 4 were almost entirely Jewish and Italian 5 immigrants; and 6 "WHEREAS, The Triangle Shirtwaist 7 Factory Fire serves as a sad reminder that 8 worker safety laws are necessary to ensure a 9 safe working place for all Americans. We 10 honor the memory of the 146 immigrant victims 11 of this calamity, and their loved ones, by 12 remaining vigilant to ensure that a similar 13 tragedy never happens again; and 14 "WHEREAS, Upon the occasion of the 15 98th Anniversary of the Triangle Shirtwaist 16 Factory Fire, it is the sense of this 17 Legislative Body to join with UNITE HERE, the 18 New York State Department of Labor, and the 19 New York State Legislature in commemoration of 20 a tragic event of such meaningful significance 21 to the history and purpose of the American 22 labor movement; now, therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to commemorate

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(518) 371-8910 1 the 98th Anniversary of the Triangle 2 Shirtwaist Factory Fire at a special ceremony 3 to be held March 24, 2009, and to acknowledge 4 the efforts of UNITE HERE, Governor David A. 5 Paterson, Senator Malcolm A. Smith, Senator 6 Dean Skelos, the Commissioner of Labor, 7 M. Patricia Smith, and the New York State 8 Legislature; and be it further 9 "RESOLVED, That copies of this 10 resolution, suitably engrossed, be transmitted 11 to Bruce Rayner, general president, UNITE 12 HERE; John W. Wilhelm, president hospitality 13 industry, UNITE HERE; David Melman, vice 14 president, UNITE HERE; Edgar Romney, 15 international executive vice president, UNITE 16 HERE; Ed Vargas, assistant to the president, 17 UNITE HERE; Zachary S. Weiss, chair of the 18 New York State Workers' Compensation Board; 19 Nicholas Scoppetta, New York City Fire 20 Commissioner; Vincent C. Maltese, president, 21 Triangle Shirtwaist Factory Fire Memorial 22 Society; Serphin Maltese; and New York State 23 Commissioner of Labor M. Patricia Smith." 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Maziarz, on the resolution. 2 SENATOR MAZIARZ: Thank you very 3 much, Mr. President. 4 Thank you very much, Mr. Testo, for 5 reading this history of this tragic event. 6 As many of us know, I join with my 7 colleague Senator George Onorato, the chairman 8 of the Senate Labor Committee, in introducing 9 this resolution yet once again, a resolution 10 that was introduced in this body I think every 11 year of the 20-plus years that our former 12 colleague Senator Serph Maltese served here. 13 This was a special resolution for 14 the labor movement in the State of New York. 15 March 25, 1911, was a tragic, tragic day where 16 these young, mostly female, mostly Italian and 17 Jewish immigrant women working at the Triangle 18 Shirtwaist Factory were forced to choose not 19 between life and death, but the method that 20 they would die. Most of them held hands and 21 jumped from the upper floors of the Triangle 22 Shirtwaist Factory building. 23 But from this tragedy came some 24 good to working men and women, not just in the

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(518) 371-8910 1 City of New York but throughout the State of 2 New York. The investigations of the reasons 3 for this fire really led to the beginning of 4 the safe workplace movement in the State of 5 New York. And those safe workplace movements 6 and those types of investigations continue 7 today. 8 We all know, of course, from having 9 heard this resolution so many times from 10 Senator Maltese that both his grandmother and 11 two of his aunts perished in this fire. 12 On Tuesday, March 24th, next 13 Tuesday, at 1:00 p.m. in the concourse, a 14 special commemoration ceremony will be held to 15 commemorate the tragedy of March 25, 1911, but 16 also to celebrate how far we have come in this 17 state for worker safety. 18 Thank you very much, Mr. President. 19 ACTING PRESIDENT VALESKY: Thank 20 you, Senator Maziarz. 21 Senator Onorato, on the resolution. 22 SENATOR ONORATO: Thank you, 23 Mr. President. 24 I join my colleague Senator Maziarz

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(518) 371-8910 1 in supporting this resolution. Ninety-eight 2 years ago next Wednesday, March the 25th, one 3 of the most horrifying industrial disasters in 4 the history of New York State claimed the 5 lives of 146 workers in the Triangle 6 Shirtwaist Factory Fire in Greenwich Village. 7 At 4:30 in the afternoon, when the 8 fire broke out on the eighth floor of the 9 10-story building and quickly spread to the 10 ninth and 10th floors, frantic young immigrant 11 workers either perished in the flames, 12 suffocated, or jumped out of the factory 13 windows to their deaths. 14 Of the 500 workers in the factory 15 that day, almost 150 were lost. Even the fire 16 trucks that responded to the scene were of 17 little help. Their ladders and hoses only 18 reached to the sixth floor. 19 And all this happened in a building 20 that had been locked from the outside to keep 21 the sweatshop humming along and keep the 22 workers from leaving the factory during their 23 shifts. 24 These workers began their long

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(518) 371-8910 1 factory shifts that day underpaid, exploited, 2 unprotected from employer abuse, and they 3 ended their shifts in agony and in tragedy. 4 While it may be close to impossible 5 to imagine the horror of that day, it is 6 vitally important that we never forget the 7 victims of the Triangle Shirtwaist Factory 8 Fire. And that is what we are doing here 9 today in the New York State Senate. 10 While government action came too 11 late to help the 146 who perished, new laws 12 were passed in New York State to provide 13 needed protections for workers and new safety 14 standards in the factories. The deaths of the 15 Triangle Shirtwaist Factory workers, while 16 horrific, surely helped to save the lives of 17 many workers of their generation and workers 18 of the future. 19 The Triangle Shirtwaist Factory 20 tragedy also helped spur the growth of the 21 International Ladies' Garment Workers Union, 22 helping to provide a strong voice for those 23 whose pleas for safety, fair wages and 24 reasonable work hours and other basic worker

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(518) 371-8910 1 rights had too long fallen on deaf ears. 2 Today we join together to remember 3 those who died in the fire, and we pledge to 4 renew and expand our commitment to workers' 5 rights and safety. This is the best and most 6 appropriate way that we can honor the memory 7 of the Triangle Shirtwaist Factory victims on 8 this, the 98th anniversary of their death. 9 I also want to take note of Senator 10 Maltese's prior introduction of this 11 resolution and also share with him the loss of 12 members of his family. 13 Thank you, Mr. President. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Onorato. 16 Are there any other Senators who 17 wish to be heard? 18 Seeing none, the question is on the 19 resolution. All in favor signify by saying 20 aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT VALESKY: 23 Opposed, nay. 24 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 resolution is adopted. 3 At the request of the sponsor, the 4 resolution is open for multisponsorship. 5 Anyone wishing not to cosponsor the resolution 6 should inform the desk. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, at 9 this time can we take up Legislative 10 Resolution 812. I ask that the title be read 11 and move for its immediate adoption. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Sampson, Legislative Resolution Number 812, 16 honoring Dr. Jean G. Leon upon the occasion of 17 her retirement as the Senior Vice President of 18 the Central Brooklyn Family Health Network. 19 ACTING PRESIDENT VALESKY: On the 20 resolution, all in favor signify by saying 21 aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT VALESKY: The 3 resolution is adopted. 4 This resolution is also open to 5 sponsorship by any member of the Senate. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, 8 can we at this time take up the reading of 9 Senate Calendar Number 21. 10 ACTING PRESIDENT VALESKY: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 51, by Senator Breslin, Senate Print 2092, an 14 act to amend the Insurance Law, in relation to 15 service contracts. 16 SENATOR KLEIN: Would you lay 17 this bill aside for the day, please. 18 ACTING PRESIDENT VALESKY: The 19 bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 91, by Member of the Assembly Glick, Assembly 22 Print Number 2714, an act to amend the 23 Education Law, in relation to requiring. 24 ACTING PRESIDENT VALESKY: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT VALESKY: 8 Senator Maziarz, to explain his vote. 9 SENATOR MAZIARZ: Thank you, 10 Mr. President, to explain my vote on Calendar 11 Number 91, Senate Bill 2296, sponsored by my 12 colleague Senator Stavisky, of which I am a 13 proud cosponsor of this legislation. 14 I think this is very important. 15 Information about domestic violence and 16 stalking prevention at SUNY campuses is 17 important. I quite frankly would like to see 18 and am sponsoring legislation to extend this 19 even to lower levels of education, in high 20 school. 21 There was a tragic incident that I 22 told Senator Stavisky about in my district 23 where a young boy just out of high school, on 24 his way to college, murdered a young girl and

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(518) 371-8910 1 then committed suicide himself. And I think, 2 if legislation like this had been in place at 3 that level, that this tragedy may have been 4 prevented. 5 So I join my colleague in 6 sponsoring it and supporting this legislation. 7 Thank you. 8 ACTING PRESIDENT VALESKY: 9 Senator Maziarz to be recorded in the 10 affirmative. 11 Senator Stavisky, to explain her 12 vote. 13 SENATOR STAVISKY: Thank you, 14 Mr. President. Thank you, Senator Maziarz. 15 This legislation requires campuses 16 to provide information to incoming students 17 about domestic violence and stalking 18 prevention. This is, unfortunately, an 19 increasingly common occurrence on not only 20 college campuses but in society in general. 21 And I agree that we should even think in terms 22 of providing information for high school 23 students. 24 But I'm delighted to support this

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(518) 371-8910 1 legislation. It passed the Assembly, and 2 hopefully the Governor will sign it. Because 3 it's another tool in the arsenal, so to speak, 4 to providing information to college students 5 where increasingly we've had occurrences such 6 as what occurred in Senator Maziarz's 7 district. 8 So I vote aye, Mr. President. 9 ACTING PRESIDENT VALESKY: 10 Senator Stavisky to be recorded in the 11 affirmative. 12 The Secretary will announce the 13 results. 14 THE SECRETARY: Ayes, 61. Nays, 15 1. Senator Lanza recorded in the negative. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 98, by Member of the Assembly Jeffries, 20 Assembly Print Number 5365, an act to amend 21 the Public Buildings Law, in relation to 22 designating. 23 ACTING PRESIDENT VALESKY: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 102, by Senator Stewart-Cousins, Senate Print 11 2810 -- 12 SENATOR MORAHAN: Lay the bill 13 aside. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside. 16 Senator Klein, that completes the 17 noncontroversial reading of the calendar. 18 SENATOR KLEIN: Can we now move a 19 controversial reading of the calendar. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will ring the bells. 22 The Secretary will proceed with the 23 controversial reading of Calendar Number 102. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 102, by Senator Stewart-Cousins, Senate Print 2 2810, an act to amend the Election Law. 3 SENATOR MORAHAN: Explanation. 4 ACTING PRESIDENT VALESKY: 5 Senator Stewart-Cousins, an explanation has 6 been requested. 7 SENATOR STEWART-COUSINS: Yes, 8 thank you, Mr. President. 9 This bill would really work towards 10 removing yet another barrier in terms of 11 voters actually participating in the election 12 process. What this bill will do is create the 13 same standards for absentee ballots as is 14 accepted on petitions. 15 Right now, you can sign a petition 16 and you can use your name, your middle 17 initial, and your last name, and it will be 18 considered valid. When it comes to absentee 19 ballots, however, even though that signature 20 was accepted by law, by New York State law on 21 the petition, it will be challenged, possibly, 22 and can be thrown out. 23 So in the case, for example, of 24 Susan Brenner-Morton, who in 2005 cast an

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(518) 371-8910 1 absentee ballot, she had a hyphenated name, 2 like I do, and instead of filling out Susan 3 and the whole hyphenated name, she put Susan 4 B. Morton. And because the law did not allow 5 for her name to be shown only by the initial 6 B, her vote was thrown out. 7 The petition was not thrown out and 8 could never have been challenged, because it's 9 acceptable on the petition. 10 So again, what this law would do 11 would be to make the standard on the absentee 12 ballot the same as it is in the petition and 13 allow for people who are indeed registered, 14 qualified, verified voters to be able to use 15 an initial as their middle name, or whatever 16 commonly acceptable title is, again, 17 acceptable, and have their absentee ballot 18 counted and not disposed of. 19 ACTING PRESIDENT VALESKY: 20 Senator Morahan. 21 SENATOR MORAHAN: Mr. President, 22 will Senator Stewart-Cousins yield. 23 ACTING PRESIDENT VALESKY: 24 Senator Stewart-Cousins, will you yield?

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(518) 371-8910 1 SENATOR STEWART-COUSINS: I will 2 yield. 3 ACTING PRESIDENT VALESKY: The 4 Senator yields. 5 SENATOR MORAHAN: Senator, do you 6 see a difference between a petition and an 7 absentee ballot? 8 SENATOR STEWART-COUSINS: I see a 9 difference in terms of process, yes. 10 One, obviously, the petition 11 process is the very first step to the 12 electoral process. If you do not manage to 13 get through the petition process, then you 14 never get a chance to vote or to be voted for. 15 So the petition process is the first step. 16 It's the gateway to the election process. 17 SENATOR MORAHAN: I understand 18 that. 19 Through you, Mr. President, if the 20 Senator would continue to yield. 21 ACTING PRESIDENT VALESKY: 22 Senator Stewart-Cousins, do you yield? 23 SENATOR STEWART-COUSINS: I do. 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR MORAHAN: Senator, it's 3 my understanding and I think we all recognize 4 that when you circulate a petition, the 5 witness attests to the identity of the person 6 signing the petition, as opposed to when they 7 sign at the Board of Elections or wherever on 8 an affidavit or on an absentee ballot. 9 Do you recognize that difference? 10 SENATOR STEWART-COUSINS: Is that 11 a question? 12 No. No, that's absolutely correct. 13 SENATOR MORAHAN: I know it's 14 correct, but do you see it's more valid? 15 In other words, when you collect 16 a -- through you, Mr. President, if the 17 Senator will continue to yield. 18 ACTING PRESIDENT VALESKY: Do you 19 yield, Senator Stewart-Cousins? 20 SENATOR STEWART-COUSINS: Yes, I 21 yield. 22 SENATOR MORAHAN: Senator, when 23 we circulate petitions, the witness certifies 24 the identity of the person signing the

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(518) 371-8910 1 petition. So there is -- notwithstanding the 2 use of initials, there is an identification 3 process. 4 As opposed to the ballot, the 5 absentee ballot, where it's handed in or 6 mailed in and there's no one there to attest 7 to the identity of the signer other than by 8 comparing the signature on the ballot to 9 what's on the registration rolls. 10 SENATOR STEWART-COUSINS: That's 11 right. 12 SENATOR MORAHAN: So therefore, 13 to relate this -- through you, Mr. President. 14 ACTING PRESIDENT VALESKY: 15 Senator, do you continue to yield? 16 SENATOR STEWART-COUSINS: I do. 17 ACTING PRESIDENT VALESKY: The 18 sponsor yields. 19 SENATOR MORAHAN: So to relate 20 this as equal to the petition process really 21 is not germane or accurate. 22 SENATOR STEWART-COUSINS: I 23 disagree. 24 I understand that the particular

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(518) 371-8910 1 process that you outlined is different. But 2 through you, Mr. President, when one signs the 3 absentee ballot, that signature will be 4 compared to the signature that already exists 5 on the record. 6 So whereas in the petition the 7 person who witnesses may not have a comparable 8 signature, when you use the absentee ballot 9 process that process allows for you to be able 10 to compare the signature to a signature that's 11 already existing on file. So there is 12 verifiability. 13 The question is whether or not your 14 signature or my signature, which is verifiable 15 and verified, should be deemed inappropriate 16 or illegal because instead of using, say, a 17 middle initial, you spelled it out, and 18 possibly when you signed the registration card 19 30 or 40 years ago you only used an initial. 20 The reality -- go ahead. 21 SENATOR MORAHAN: Through you, 22 Mr. President, will the Senator continue to 23 yield. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Stewart-Cousins, do you continue to 2 yield? 3 SENATOR STEWART-COUSINS: I do. 4 ACTING PRESIDENT VALESKY: The 5 sponsor yields. 6 SENATOR MORAHAN: Senator, is it 7 possible that within the same household that 8 several members of that household could have 9 the same name -- or initials, rather? In 10 other words, George and Georgia. 11 SENATOR STEWART-COUSINS: It 12 could. That certainly could be the 13 possibility. 14 I doubt, however, that they would 15 all have the same signature. 16 SENATOR MORAHAN: Well, the 17 signature is one thing. But if it's not full, 18 if you don't have the first name and the last 19 name, doesn't this water down the 20 identification process if more than one person 21 has the same initials? 22 I know of households where 23 virtually everyone in the household has the 24 same three initials.

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(518) 371-8910 1 SENATOR STEWART-COUSINS: Through 2 you, Mr. President. 3 Again, I would never, never dispute 4 what you say. Obviously there are Jr.'s and 5 Sr.'s and Is and IIs and IIIs, we know that. 6 SENATOR MORAHAN: We have George 7 Foreman, four Georges. 8 SENATOR STEWART-COUSINS: 9 Exactly. And it even transcends gender many 10 times. 11 But the reality is we are talking 12 about the actual signature. And this bill 13 allows that comparison. 14 So even if everybody has the same 15 initial -- for example, even using your 16 analogy, if it were George B. Foreman, George 17 B. Foreman, George B. Foreman, you would still 18 have to rely on the actual evidence of what 19 the signature looks like, should that be the 20 case, to determine which George B. Foreman was 21 actually voting in the election. 22 So all I'm saying is that there are 23 things by which this signature can be 24 compared, and we need to allow for that to

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(518) 371-8910 1 happen. 2 SENATOR MORAHAN: Thank you. 3 Mr. President, will the Senator 4 continue to yield? 5 ACTING PRESIDENT VALESKY: 6 Senator Stewart-Cousins, do you yield? 7 SENATOR STEWART-COUSINS: I do. 8 ACTING PRESIDENT VALESKY: The 9 sponsor yields. 10 SENATOR MORAHAN: Senator, your 11 position really is, as I understand it, that 12 the people at the Board of Elections are 13 qualified, if you will, to attest to the 14 validity of a signature. I don't know that 15 they're expert, you know, handwriting 16 specialists or whatever that would allow them 17 to make that analysis. 18 I also know -- and maybe you'll 19 enlighten me -- that on any given day when I 20 scribble out my name, it may not look the same 21 as it was the day before or 20 minutes before, 22 depending on how I approach the signature 23 process. 24 So I think it would be, if you

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(518) 371-8910 1 would agree, an unfair burden to put on those 2 collecting up the absentee ballots to really, 3 in a court or wherever, to attest to the 4 validity of this signature. 5 SENATOR STEWART-COUSINS: Well, 6 through you, Mr. President, I would say that 7 our employees at the Board of Elections are 8 certainly qualified and probably as competent 9 as someone who witnessed a petition in terms 10 of a signature. 11 But the reality is that should 12 there be a question as to the validity of the 13 signature, then there are processes which, 14 beyond whether or not someone thinks that this 15 is right or not, they can indeed have a 16 handwriting analyst take a look at it. There 17 are things that can happen. 18 What I'm suggesting, though, as we 19 look at those barriers to people actually 20 participating in the election process, is that 21 we shouldn't create new barriers. That we 22 should allow for reasonable people to do 23 reasonable things. 24 That if indeed, again, when I

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(518) 371-8910 1 registered to vote X number of years ago, I 2 decide to spell out my middle name and now I 3 only use an A, I think it's reasonable to say 4 that I'm still the same person and that I 5 should be able to cast my vote without being 6 afraid that it will be disposed of. 7 So I think in this way you save a 8 lot of money, in terms of a whole court 9 process, saying, "Oh, no, this is really me, 10 that's my maiden name and it's a hyphenated 11 name, but I only use the initial." I think 12 that -- and women in particular, because of 13 the hyphenated names, run into this over and 14 over again. 15 So it is, to me, just a 16 common-sense approach which mirrors the 17 petition process which indeed, should it 18 become a very sticky situation, has other 19 opportunities in order to really confirm the 20 validity of the signature. 21 SENATOR MORAHAN: Mr. President, 22 will the Senator continue to yield. 23 ACTING PRESIDENT VALESKY: 24 Senator Stewart-Cousins, do you yield?

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(518) 371-8910 1 SENATOR STEWART-COUSINS: Yes, I 2 do. 3 ACTING PRESIDENT VALESKY: The 4 sponsor yields. 5 SENATOR MORAHAN: Senator, you 6 mentioned the cost of the process or if it's 7 challenged. 8 But wouldn't this, you know, by 9 sheer dint of reducing the qualification or 10 the need to put the whole name in, wouldn't 11 this encourage even more questions by just 12 sheer dint of less to examine? Wouldn't it 13 cost more in the long run and open up the 14 process even more than it is now? 15 SENATOR STEWART-COUSINS: Well, 16 you know, I guess probably we look at this 17 process a little bit differently. 18 I honestly believe, again, that 19 people hold this electoral process for the 20 most part as sacred as you and I do. And when 21 they are going to cast their vote, I don't 22 think that they're saying, Well, if I use "D" 23 instead of Daisy, it's because I really want 24 to defraud the system.

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(518) 371-8910 1 I think that they use "D" instead 2 of Daisy because, as you were saying, that's 3 who they felt -- that's what they did that 4 day. But it doesn't, it doesn't invalidate 5 the process, the vote, the legitimacy of the 6 vote. 7 And again, I mean, I would imagine 8 most elections go through without having to 9 even get down to the absentee ballot. But 10 when it does get down to the absentee ballot 11 and it does get that close, I, like you, 12 probably assume that most of these people are 13 legitimate voters who for whatever reason 14 could not appear at the polling site and 15 wanted more than anything to have their voice 16 heard. 17 So I know there's a process to 18 question beyond that, and I trust that 19 process. But I don't think that we should 20 create barriers with the assumption that 21 people are, you know, not trying to just vote. 22 SENATOR MORAHAN: Thank you, 23 Senator. 24 SENATOR STEWART-COUSINS: You're

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(518) 371-8910 1 welcome. 2 SENATOR MORAHAN: Mr. President, 3 on the bill. 4 ACTING PRESIDENT VALESKY: 5 Senator Morahan, on the bill. 6 SENATOR MORAHAN: Senator 7 Stewart-Cousins mentions barriers and taking 8 the trouble or making it difficult. 9 I don't know what's so tough about 10 signing your name. I really don't. It seems 11 to me that if I put down "Thomas P. Morahan," 12 it's no big deal if indeed I agree that my 13 right to vote is sacred and it's very, very 14 important. And most people take it as very, 15 very important activity and are proud to sign 16 their name. So I really don't see that it 17 presents any great barrier for me to sign it 18 "Thomas P. Morahan" versus "T.P. Morahan." I 19 really don't know. 20 Now, I don't have any Jr.'s, I had 21 all daughters. But one was Theresa, and she 22 had the first name "T." So I don't know if 23 that would -- I think she had a better 24 handwriting.

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(518) 371-8910 1 However, on any given day, I think 2 anything we add to the process to verify who 3 it is that is voting -- and I also want to 4 make a point on the petition that the person 5 is standing in front of you, and when you sign 6 as a witness you're saying that "I know that 7 this person is the person signing this." So 8 there's that extra edge. 9 So with all due respect, I will be 10 voting no. Thank you. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Morahan. 13 Are there any other Senators who 14 wish to be heard? 15 Senator Ranzenhofer. 16 SENATOR RANZENHOFER: Yes, will 17 Senator Stewart-Cousins yield for a question? 18 ACTING PRESIDENT VALESKY: 19 Senator Stewart-Cousins, do you yield? 20 SENATOR STEWART-COUSINS: I do. 21 ACTING PRESIDENT VALESKY: The 22 Senator yields. 23 SENATOR RANZENHOFER: Through 24 you, Mr. President.

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(518) 371-8910 1 As I understand, you made a couple 2 of references to your friend and women with 3 hyphenated names. And do I understand that's 4 one of the motivating factors behind this 5 particular bill? 6 SENATOR STEWART-COUSINS: Well, 7 it's certainly one of the motivating factors, 8 that in this world where there are very often 9 hyphenated names, it doesn't mean that you're 10 not that person if -- for example, I'm 11 somebody with a hyphenated name. And I won't 12 say that -- you shouldn't misconstrue this as 13 being the motivating factor, but it is just an 14 illustrative factor. 15 So when I, Andrea Stewart 16 Cousins -- sometimes I get mail "Andrea 17 Stewart-Cousins"; sometimes I get mail "Andrea 18 S. Cousins." Sometimes the computer wouldn't 19 take everything, so therefore it has to in 20 some way be abbreviated. However, when I get 21 this, I realize it is indeed addressed to me, 22 that they are talking to me, and I don't send 23 it back because it's not "Stewart-Cousins." I 24 recognize that that "S" means "Stewart" and

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(518) 371-8910 1 that's probably me. 2 SENATOR RANZENHOFER: Will the 3 Senator continue to yield? 4 ACTING PRESIDENT VALESKY: 5 Senator Stewart-Cousins, do you yield? 6 SENATOR STEWART-COUSINS: I do. 7 ACTING PRESIDENT VALESKY: The 8 sponsor yields. 9 SENATOR RANZENHOFER: Would you 10 agree with me, Senator Stewart-Cousins, that 11 this particular bill doesn't really address 12 the problem of women with hyphenated names 13 because this only applies to given names, 14 isn't that correct? 15 SENATOR STEWART-COUSINS: No. 16 The purpose of the bill, it provides that a 17 voter who uses an initial, title, or common 18 abbreviation in signing the absentee ballot. 19 So it would allow for the approach, 20 whether it be to use an initial or to use an 21 hyphen, to be included in this particular 22 piece of legislation. 23 SENATOR RANZENHOFER: Another 24 question, if the Senator will continue to

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(518) 371-8910 1 yield. 2 ACTING PRESIDENT VALESKY: 3 Senator Stewart-Cousins, do you continue to 4 yield? 5 SENATOR STEWART-COUSINS: I do. 6 ACTING PRESIDENT VALESKY: The 7 sponsor yields. 8 SENATOR RANZENHOFER: In looking 9 at your bill that you just read, doesn't it 10 actually say that "for purposes of this 11 section the use of titles, initials or 12 customary abbreviations of given names"? So 13 doesn't it really only apply to first names? 14 If you were to use the letter "A" 15 for "Andrea," it really doesn't apply to the 16 situation that you talked about for people 17 using hyphenated names. This only applies to 18 first names. Isn't that correct, doesn't it 19 just say "given names"? 20 SENATOR STEWART-COUSINS: You 21 know, I suppose that when we talk about "given 22 names" it would not only be the first name, 23 but it indeed would be the last name and -- 24 SENATOR RANZENHOFER: Well, the

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(518) 371-8910 1 last name -- excuse me. 2 SENATOR STEWART-COUSINS: And it 3 certainly is -- this particular legislation is 4 applicable to the individual whose name, given 5 name, title, initial, would possibly be used 6 in a signature. 7 SENATOR RANZENHOFER: On the 8 bill. 9 ACTING PRESIDENT VALESKY: 10 Senator Ranzenhofer, on the bill. 11 SENATOR RANZENHOFER: I really 12 don't think that this particular bill, based 13 on the exact language in the bill, really 14 addresses the problem that's trying to be 15 addressed here, because I think it only 16 applies to first names. It doesn't mention 17 anything about hyphenated names, it doesn't 18 mention last names, it doesn't mention maiden 19 names. So I know that the problem that you're 20 trying to address is really not solved in this 21 particular bill just by the language of the 22 bill. 23 So I think that this is going to 24 create some confusion because you're trying to

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(518) 371-8910 1 accomplish something, but I don't believe that 2 the language of this bill actually 3 accomplishes that. 4 Thank you. 5 ACTING PRESIDENT VALESKY: Thank 6 you, Senator Ranzenhofer. 7 Senator Montgomery, why do you 8 rise? 9 SENATOR MONTGOMERY: Mr. 10 President, I would like to speak on the bill. 11 ACTING PRESIDENT VALESKY: 12 Senator Montgomery, on the bill. 13 SENATOR MONTGOMERY: Thank you. 14 I'm looking at the language in 15 here, and indeed Senator Cousins' legislation 16 does refer to the signature of a voter or a 17 witness. And so I believe that "signature" 18 includes the first and last names. So I just 19 wanted to be clear about that. It says that 20 in the legislation. 21 The other thing that I want to do 22 is say thank you to Senator Cousins because, 23 Mr. President, I have a hyphenated name. Now, 24 I never use the last of the hyphenation, but I

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(518) 371-8910 1 do have one. So sometimes I sign my entire 2 name, hyphenated included, and other times I 3 just sign with my first and the first part of 4 my hyphenated name, which is Montgomery. 5 My son is -- he has a middle name, 6 William Montgomery Walker. Sometimes he gets 7 mail with just an "M." I believe his voter 8 registration card was William Montgomery 9 Walker, because that's how he signs his name 10 on official documents. But it does not mean 11 that William Montgomery Walker and William M. 12 Walker are not the same. 13 And I would be very, very 14 distressed if he went to vote and could not 15 vote because he didn't use the "M," didn't use 16 "Montgomery" or use the "M" or some other 17 thing that -- as people do that. 18 So I think that Senator Cousins, 19 Stewart-Cousins -- sometimes I call her 20 Cousins, sometimes I call her Stewart-Cousins. 21 She is still Senator Stewart-Cousins. And so 22 especially for women, but for all citizens, 23 all of those people who have middle names -- 24 and some people just use an initial for their

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(518) 371-8910 1 first name. And in my culture, at one point 2 in time, there were people who just had an 3 initial for their first name. 4 So there are all these different 5 combinations of how people write their names, 6 what they're named, how they're named and so 7 forth. 8 So I thank Senator Stewart-Cousins, 9 because what's in a name? It's the person. 10 And we certainly don't want to have anyone be 11 refused their right to vote because of an 12 initial or a name that represents the person, 13 but they are not allowed to be that person 14 based on someone's decision. 15 I glady vote aye, and I encourage 16 my colleagues to support this legislation. 17 Thank you. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Montgomery. 20 Senator Marcellino, why do you 21 rise? 22 SENATOR MARCELLINO: To speak on 23 the bill. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Marcellino, on the bill. 2 SENATOR MARCELLINO: I understand 3 what Senator Cousins, Senator Stewart-Cousins, 4 Andrea Stewart-Cousins, Senator Andrea 5 Stewart-Cousins -- we could go on -- is trying 6 to do. I really do. And I appreciate it. 7 But I don't think this bill does it. 8 I think what's going to happen here 9 is this bill is going to go on. If it passes, 10 it's going to be around for a long time. The 11 language is going to go into law a long time. 12 And somewhere down the road there's going to 13 be an election, which we all hold pretty 14 sacred here. We understand the significance 15 of elections, and we understand that elections 16 mean something and they have consequences. 17 And down the road, people reading 18 this legislation are going to interpret it. 19 They're not going to listen to this debate, 20 they're not going to have heard it, they're 21 going to look at the words in the bill. 22 Now, the words in the bill clearly 23 talk about given names. They mention given 24 names more than once. This is a short piece

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(518) 371-8910 1 of legislation. It mentions given names 2 several -- well, twice, that I could count. 3 And the use of the term "signature" 4 is used in the broadest of sense only to the 5 refer to the fact that you sign. It doesn't 6 mean -- or I interpret it that it doesn't mean 7 that the last name is okay also. Because that 8 means, according to this bill, I could simply 9 go and sign a ballot "CLM" and you're supposed 10 to know who I am. 11 Now, does anybody really consider 12 that legitimate? Do you think a handwriting 13 analyst down the road is going to be able to 14 analyze three initials and determine that Carl 15 Louis Marcellino signed that affidavit ballot 16 and that it was a legitimate signature on the 17 basis of three initials? Because if Senator 18 Montgomery's interpretation is correct, I 19 could do that by this bill. 20 So what I would suggest, in the 21 interests of clarity, is that we take the 22 bill, just lay it aside and write it correctly 23 and write it down so that it does what you 24 actually want it to do. Because right now

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(518) 371-8910 1 it's an ambiguous bill. And it's only going 2 to open up more trouble -- going to make a lot 3 of money for a lot of lawyers, which may make 4 some people in this room very happy. Not 5 being one of them, I'm not going to go there. 6 But I would be very cautious about 7 a bill like this, because it's going to impact 8 or it could impact one of us down the road 9 quite seriously. And I don't think you really 10 want to do that in a negative way. 11 I suggest that the bill be amended, 12 it be rewritten to accomplish the task that 13 you truly wish it to accomplish. And that can 14 be done carefully and it can be done credibly, 15 and then we can come back and all agree and 16 pass the bill. 17 But as the bill is worded now and 18 today, I'm going to have to vote nay. 19 ACTING PRESIDENT VALESKY: Thank 20 you, Senator Marcellino. 21 Senator Schneiderman. 22 SENATOR SCHNEIDERMAN: Thank you, 23 Mr. President. 24 I rise in support of this excellent

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(518) 371-8910 1 and essentially American piece of legislation. 2 And I would urge my colleagues who have 3 concerns about this to consider that what we 4 are really trying to do in the State of 5 New York, and it's been going on now for a 6 number of years, is to remove barriers for 7 participation in the political process. 8 And that at various points in time 9 New York has been unfortunately at the 10 forefront of states that imposed barriers, 11 that created obstacles to people wishing to 12 vote or to run for office or to support 13 candidates for office. And this bill today, 14 along with some others we're moving now and 15 others that we hope to move in the future, is 16 a recognition of the fact that for far too 17 long in the United States people eligible to 18 vote have been denied their right to vote. 19 This is not something that is an 20 isolated instance of technicalities. This is 21 something that is an unfortunate strain of 22 American thought that has manifest itself in 23 public policy. There is a movement in this 24 country that really thinks we should prevent

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(518) 371-8910 1 people from voting. Fewer voters is better; 2 barriers are okay. 3 And I think what Senator 4 Stewart-Cousins' bill here, which is in and of 5 itself totally straightforward, says to us is 6 that all those eligible to vote must be 7 allowed to vote. We must not elevate form 8 over substance, and we must not, in the guise 9 of form over substance, empower those who 10 really would seek to restrict the franchise. 11 This is essential American 12 patriotism. And I would urge all of you that 13 there's no one who wants to come and sign an 14 absentee ballot who's going to deliberately 15 just sign it in a way that makes it harder for 16 them to tell it's you. This is something that 17 honestly, say it was a year or two since you 18 signed your voter registration form, you may 19 not remember. This is a completely legitimate 20 and extremely common occurrence. 21 So, ladies and gentlemen, I do 22 believe that the technical objections to this 23 bill really are insufficient, in my mind, to 24 cast any doubt on its merit.

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(518) 371-8910 1 And I would also urge all of us to 2 thank Senator Stewart-Cousins for this 3 fundamental act of American patriotism in 4 bringing this bill to the floor today. I'm 5 very proud to vote for it, and I hope everyone 6 here will vote in support of this bill. 7 Thank you. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Schneiderman. 10 Senator Savino. 11 SENATOR SAVINO: Thank you, 12 Mr. President. 13 First, I've been listening to the 14 debate and find it actually rather 15 interesting. 16 And first let me thank Senator 17 Stewart-Cousins for putting forth what I think 18 is a bill that solves a simple problem. And 19 while I'm sensitive to some of the concerns 20 that were raised particularly by Senator 21 Marcellino, I don't think that what we 22 think -- that what we're concerned could 23 happen will actually happen. 24 The bill says clearly it would

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(518) 371-8910 1 address the use of titles, initials, or 2 customary abbreviations of given names, which 3 is your first name. So unless you, Senator 4 Marcellino, had signed the registration card 5 and your name appeared in the buff card as 6 CLM, the "M" as an initial would not be 7 acceptable by the Board of Elections in any 8 event. 9 But what this bill really does or 10 attempts to do is recognize that many people 11 utilize their names in different ways. And 12 the best example I can think of is my 13 Assemblywoman, Janele Hyer-Spencer. 14 Her legal name is Donna Janele 15 Hyer-Spencer. She has never used the name 16 Donna in her life; it just appears on her 17 birth certificate. And in fact, that is how 18 she registered to vote when she registered. 19 She registered as Donna J. Hyer-Spencer. 20 Probably never uses the name any other time 21 except for that. 22 And when she ran for office the 23 first time, she built an entire campaign 24 around Janele Hyer-Spencer. Everywhere she

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(518) 371-8910 1 went, all of her campaign literature said 2 Janele Hyer-Spencer. That is the only name 3 she answers to. But right before Election 4 Day, she realized that because she had signed 5 her registration card she appeared as Donna J. 6 Hyer-Spencer. And that is how her name 7 appeared on the ballot, and there was nothing 8 she could do to correct it, even though she 9 had spent thousands and thousands of dollars 10 trying to develop name recognition for Janele 11 Hyer-Spencer. 12 Now, if the Board of Elections had 13 allowed her to correct that, she would have 14 appeared on the ballot as Janele Hyer-Spencer. 15 But she didn't. It probably cost her a few 16 votes. 17 So all this would do is correct 18 simple things. Many people do not use their 19 given name. It may be a family name. Maybe 20 they don't like that name. Maybe their mother 21 had the same name and they use their middle 22 name. All we're saying is if the signature 23 predominantly matches the buff card, the Board 24 of Elections should correct that if you choose

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(518) 371-8910 1 to use an initial for your first name as 2 opposed to writing out the whole thing. 3 So I think it's a common-sense 4 approach to what is not really a complicated 5 problem. And I think, Senator 6 Stewart-Cousins, that you should be commended 7 for trying to address this and broadening 8 opportunity for people to vote. 9 Thank you. 10 ACTING PRESIDENT VALESKY: Thank 11 you, Senator Savino. 12 Senator Squadron. 13 SENATOR SQUADRON: Thank you very 14 much, Mr. President. I rise on the bill. 15 I'd like to first of all commend 16 Senator Stewart-Cousins for putting this bill 17 forward. It's the second time in this session 18 I've had the opportunity to rise in support of 19 a bill like this. It was just a few weeks ago 20 I rose in support of Senator Dilan's bill that 21 also expanded voting rights. 22 I'm really proud and honored to be 23 a part of the Senate that is expanding voting 24 rights, is expanding the ability of folks who

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(518) 371-8910 1 want to vote to have their vote counted. I 2 think that Senator Addabbo, who chairs the 3 Elections Committee, also deserves real 4 commendation today for having moved these 5 bills forward. 6 You know, so much is going on this 7 year, and it is such a big and such a 8 difficult year; I think we all know that. The 9 issues of great moment are coming faster than 10 I ever could have imagined. But even while 11 that's happening, we are continuing to deal 12 with these issues of voting rights and voting 13 access, of getting more votes counted. And I 14 think that that is a great value and says 15 something about what this body, what this 16 Senate is doing right now, what we hold dear 17 and care so much about. 18 So it's a very proud day for me. 19 I, when I rise on these bills, do tend to make 20 a little bit of a personal -- I need to admit 21 something personally. I don't know whether my 22 voting card says "Daniel Squadron" or "Daniel 23 L. Squadron." And I have voted absentee and 24 always done it in the best of faith. And I

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(518) 371-8910 1 hope that whether I write "Daniel" or "Daniel 2 L.," my vote gets counted -- and all others 3 who frankly don't remember, who registered 4 right after their 18th birthdays. 5 The other interesting thing about 6 today's debate is it seems to be a microcosm 7 of the issue we're discussing. Today a 8 technical excuse on the language of the bill 9 is being used as a justification for not 10 supporting the expansion of voting rights, 11 just as a technical problem with the signature 12 on absentee ballots in this state is too often 13 used not to count the votes that are 14 rightfully cast by citizens. And I think too 15 often that has happened. 16 Too often it's happened in our 17 legislatures, where technical excuses are put 18 forth that at the end of the day prevent 19 participation by the citizens of a state or a 20 city or a nation. And too often at the voting 21 booth, at the polling place, people are turned 22 way or people's votes are thrown in the 23 garbage on technical grounds that in effect 24 say to a whole lot of folks in a whole lot of

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(518) 371-8910 1 communities across this state and across the 2 nation: We don't want your vote. 3 So I do hope that others join me 4 today in supporting this bill, in saying, you 5 know what, sometimes there's always a 6 technical issue, there's always a technical 7 question, but when it comes to voting we say 8 yes. When it comes to counting votes, we say 9 yes. Because we believe that in a democracy 10 the citizens should have a right to vote and 11 their vote should be counted. 12 So thank you very much. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Squadron. 15 Senator Saland. 16 SENATOR SALAND: Thank you, 17 Mr. President. On the bill. 18 ACTING PRESIDENT VALESKY: 19 Senator Saland, on the bill. 20 SENATOR SALAND: Mr. President, 21 there's nobody in this chamber who is not 22 aware of the fact that despite everybody's 23 best efforts, nobody has managed to cure the 24 problem of voter fraud. And all kinds of

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(518) 371-8910 1 studies will tell you that certainly 2 disproportionately it tends to occur in most 3 of our major urban areas, or where it occurs 4 is mostly in our larger urban areas. 5 There are obviously exceptions. 6 I'm sure many are familiar with the historic 7 example of Lyndon Johnson winning his first 8 United States Senate primary, where 240 votes 9 came in from an outlying district and they all 10 somehow or other were in his favor and they 11 all voted alphabetically in order. So this 12 country certainly has had its experiences with 13 voter fraud. 14 Now, we very much all cherish our 15 democracy and everybody, regardless of whose 16 party they may belong to, certainly cannot 17 singularly claim that they somehow or other 18 are the protectors of democracy. The simple 19 fact of the matter is is that fraud does not 20 benefit democracy. Fraud in fact undermines 21 democracy. 22 And while we know there are 23 countries in this world in which voter fraud 24 is endemic, in which voter fraud determines

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(518) 371-8910 1 the outcome, from time to time, of elections, 2 we have not managed to rid ourselves of that 3 potentially ugly scenario. 4 So when I hear Senator Morahan in 5 his questions, which I thought were very 6 appropriate, raise the distinctions between a 7 petition in which there is somebody who is 8 going to be a notary public or somebody who is 9 going to affirm under penalties of perjury 10 that the person whose signature they took was 11 the person who they said they would be -- and 12 if I signed something "S. Saland" and the 13 notary took my signature, or the petition 14 carrier affirmed who I was, that certainly 15 could be disputed, but they could readily 16 claim that I was the person and prove that I 17 was the person. 18 What we're doing here is we are 19 opening another door for the potential for 20 fraud. There is nobody at the Board of 21 Elections who has the ability to negate a 22 signature based upon a difference, what they 23 perceive to be a difference in signatures. 24 They are not qualified, they are not experts.

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(518) 371-8910 1 It would be up to somebody else to bring in a 2 handwriting expert to make that qualification. 3 So effectively we're now saying 4 that anybody who signs an absentee ballot, 5 however woefully they sign it -- and I have 6 signed numbers of absentee ballots. I'm 7 rarely home for a school board election, so I 8 sign an absentee ballot. I rarely use 9 "Stephen M. Saland," but I sign it "Stephen M. 10 Saland." I sign the application "Stephen M. 11 Saland," and I sign the envelope "Stephen M. 12 Saland." 13 I would assume that the vast 14 majority of us do that very same thing -- not 15 sign "Stephen M. Saland," but sign in the form 16 of the name in which you registered. So I 17 don't find it to be an onerous task. I've 18 done it in elections where I've been out of 19 the state or out of the country during an 20 election day. So it's not that difficult. 21 It's absolutely not that difficult. 22 If we want to invite fraud, then we 23 are just creating another window for that. 24 This is not form over substance. This is

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(518) 371-8910 1 protecting something that we cherish, the 2 right of franchise. It may be inconvenient, 3 but nonetheless, why would we want to invite 4 fraud? 5 The bottom line here is you're 6 flipping the system on its tail and you're now 7 saying that something that may well be 8 fraudulent is given the presumption of 9 validity, and it's now incumbent upon whomever 10 might want to challenge that to prove that 11 it's invalid. 12 I think this is, in effect, a bill 13 that has the best of intentions, 14 notwithstanding some of the questions that 15 have proceeded during the course of this 16 debate. I certainly could not support the 17 bill in this form. Whether I could support it 18 in another form would be another question. 19 But I value the right of franchise 20 no less than anybody else in this chamber, but 21 I also know the history of this country when 22 it comes to still the relative ease with which 23 fraud can be perpetuated. It's generally only 24 the goodwill of people that prevents it. And

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(518) 371-8910 1 we don't have to provide more avenues with 2 which to defraud and cause, in effect, 3 electoral results to be tinted, slanted, or 4 determined by way of inappropriate votes. 5 Thank you. 6 ACTING PRESIDENT VALESKY: Thank 7 you, Senator Saland. 8 Are there any other Senators who 9 wish to be heard on the legislation? 10 Seeing none, the Secretary will 11 ring the bells. 12 I ask all members to come to the 13 chamber so that their vote may be recorded. 14 We are on the controversial calendar. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the first of January 19 next succeeding. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT VALESKY: 24 Senator DeFrancisco, to explain his vote.

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(518) 371-8910 1 SENATOR DeFRANCISCO: Yes. Every 2 piece of legislation, people balance the 3 various arguments and kind of come up on the 4 right side of the balance, at least in their 5 point of view. 6 It's always nice to say that we 7 want every vote to count, but we also say and 8 I think we should mean that we want only those 9 legitimate voters to vote and only the 10 legitimate votes to be counted. Otherwise, 11 the election -- 12 ACTING PRESIDENT VALESKY: Excuse 13 me, Senator DeFrancisco. I apologize for the 14 interruption. 15 Can we have some quiet, please, 16 while we continue with the roll call. 17 Thank you. 18 SENATOR DeFRANCISCO: Otherwise, 19 the election will not be a legitimate 20 election. 21 And it seems to me if someone is 22 requesting a special way to vote, not going to 23 the polls for whatever reason, and is going to 24 vote by absentee ballot and therefore is using

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(518) 371-8910 1 a separate section of the law allowing them to 2 vote, they could at least know how they're 3 supposed to sign their own name and sign their 4 own name so that the Board of Election is not 5 inundated with more and more different issues 6 that have to be resolved before an election is 7 finalized. 8 I think Senator Morahan said it 9 best: I think I know how to sign my name. 10 And if you want to vote in a way other than 11 going to the polls and be identified at the 12 polls, then you should be able to sign your 13 name and not dumb down the process and make 14 sure the election is legitimate. 15 So I vote no. 16 ACTING PRESIDENT VALESKY: 17 Senator DeFrancisco to be recorded in the he 18 negative. 19 Senator Hassell-Thompson, to 20 explain her vote. 21 SENATOR HASSELL-THOMPSON: Thank 22 you, Mr. President. 23 I wasn't going to speak until the 24 last comment was made.

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(518) 371-8910 1 I'd like to believe I know how to 2 sign my name as well. But I also know that 3 the Board of Elections, because of its 4 computerization, as well as the Department of 5 Motor Vehicles -- the Department of Motor 6 Vehicles made me change the way I write my 7 name because they said they did not have 8 enough boxes on the computer to compute 9 "Hassell-Thompson" as a full name. So I had 10 to write "Ruth H. Thompson" to satisfy the 11 DMV. Ruth Hassell-Thompson is my legal name, 12 but I sign it "Ruth H. Thompson" because of 13 the DMV. 14 So we have to be very careful about 15 how we say that we know how to sign our names. 16 I do. But I also have difficulty every time I 17 get ready to fly, because if I don't write my 18 name exactly the way it's written on my 19 driver's license, they hold me over and search 20 me because of it. 21 So how you sign your name becomes 22 very different depending upon what agency and 23 who you are dealing with. My name is 24 hyphenated, but it is legally Ruth

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(518) 371-8910 1 Hassell-Thompson. And I sign it "Ruth H. 2 Thompson" to satisfy the Motor Vehicles. And 3 that's the way they require that I sign it. 4 ACTING PRESIDENT VALESKY: 5 Senator Hassell-Thompson, how do you vote? 6 SENATOR HASSELL-THOMPSON: In the 7 affirmative. 8 ACTING PRESIDENT VALESKY: 9 Senator Hassell-Thompson to be recorded in the 10 affirmative. 11 Senator Owen Johnson, to explain 12 his vote. 13 SENATOR O. JOHNSON: You know, 14 this is a very dangerous bill, and people 15 should not support it. 16 Anyone with a recollection of the 17 recent national election knows there are many 18 states where the votes were not announced 19 immediately because there were absentee 20 ballots and so forth. Many states. As a 21 matter of fact, as far as I know, Minnesota 22 isn't settled yet. Because people come in 23 with truckloads of absentee ballots and they 24 dump them down and they change the effect of

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(518) 371-8910 1 the election. 2 That's really dangerous. We 3 shouldn't permit anything like that. 4 Everything should be accurate, and you should 5 not be able to bring in anything and -- 6 someone said here that, just for example, 7 that, well, they can always look in the book. 8 Well, they don't look in the book when 9 somebody -- they bring in the votes and they 10 count them and they announce them. If the 11 announcement is made, that's it. If there's a 12 question, then they go to the book. That 13 takes months and months of lawyers and 14 arguments. 15 So we shouldn't open the door to 16 any conflict like that. We should have voting 17 done properly, according to the law, and 18 announce it that way, no other way. 19 I vote against this bill. 20 ACTING PRESIDENT VALESKY: 21 Senator O. Johnson to be recorded in the 22 negative. 23 Are there any other Senators who 24 wishing to explain their vote?

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(518) 371-8910 1 Seeing none, the Secretary will 2 announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 102 are 5 Senators Alesi, Bonacic, DeFrancisco, Farley, 6 Flanagan, Fuschillo, Griffo, Hannon, 7 O. Johnson, Lanza, Larkin, LaValle, Leibell, 8 Libous, Little, Marcellino, Maziarz, McDonald, 9 Morahan, Nozzolio, Padavan, Ranzenhofer, 10 Robach, Saland, Seward, Skelos, Volker, Winner 11 and Young. 12 Absent from voting: Senator 13 Golden. 14 Ayes 32. Nays, 29. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 Senator Klein, that completes the 18 reading of the calendar. 19 SENATOR KLEIN: Mr. President, 20 could you please recognize Senator 21 Hassell-Thompson and then Senator Libous for 22 brief announcements. 23 ACTING PRESIDENT VALESKY: 24 Senator Hassell-Thompson.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Thank 2 you, Mr. President. 3 Immediately following our session, 4 there will be a conference, in the Majority 5 Conference Room, of the Majority. 332. 6 ACTING PRESIDENT VALESKY: 7 Majority conference in Room 332 of the 8 Capitol. 9 Senator Libous. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 Immediately after session, the 13 Republican Conference will meet in Room 315. 14 ACTING PRESIDENT VALESKY: Senate 15 Minority Conference in Room 315. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, is 18 there any further business at this desk? 19 ACTING PRESIDENT VALESKY: There 20 is none. 21 SENATOR KLEIN: There being none, 22 I move that we adjourn until Wednesday, 23 March 18th, at 3:00 p.m. 24 ACTING PRESIDENT VALESKY: On a

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(518) 371-8910 1 motion by Senator Klein, the Senate stands 2 adjourned until Wednesday, March 18th, at 3 3:00 p.m. 4 (Whereupon, at 4:31 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910