Lance's Corner

NYSAG Issues Voter Guidance

Oct 24, 2024

Per the notice below, the New York State Attorney General (NYSAG) has issued guidance for voters on their rights in the upcoming general election.

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

AG James Reminds Voters of Their Rights at the Polls, Offers Tips to Protect Against AI Misinformation, and Provides Resources to Help Voters Cast Ballots Free from Fear, Intimidation, or Interference

OAG Election Protection Hotline Will Be Available During Early Voting and on Election Day; Voters Experiencing Problems Can Call (866) 390-2992 or Request Assistance Online

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.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc