Ever Upward: Vigilance Through Troubled Times in the Empire State

The state of democracy in New York is stronger than in years past. This starts with the biggest story in New York politics in recent memory: the resignation of Governor Andrew Cuomo last fall. Cuomo engaged in inappropriate conduct, personally and professionally, detailed in an investigative report by the New York State Attorney General. The state legislature, overwhelming controlled by Democrats, was prepared to impeach and remove the governor if Cuomo did not resign.

Only one of 56 New York governors have been impeached and removed. State officials and legislators exercised their oversight authority in a way that strengthened adherence to public administration ethical standards and reflected the public will.  Most New Yorkers, including majorities from both parties, wanted Cuomo out of office at the time of his resignation.

The proximate causes of Cuomo’s demise were coupled with long standing concerns about his consolidation of power during the COVID pandemic and beyond, personified in the “three men in a room” model whereby Cuomo and top leaders of the Senate and Assembly controlled major budget decisions. Finalizing the state budget is the most significant moment in New York state politics. A wide range of policies are determined in the culmination of the legislative term in addition to fiscal decisions.  

Cuomo was widely popular as an unapologetic liberal leader in a blue state that moved further left under Donald Trump with Democratic supermajorities in both chambers of the state legislature. Cuomo’s standing plummeted in 2019 as the number of sexual harassment allegations increased, top aides resigned, and photos of Cuomo’s inappropriate behavior were publicly reported.

Lieutenant Governor Kathy Hochul broke the gender barrier in becoming the first woman governor in New York. Hochul, who is from Buffalo, is the first Upstate governor in nearly a century. A common refrain of Upstate New Yorkers is that Downstate politicians do not understand them, and thus cannot effectively represent them.

Hochul’s Upstate roots is a political advantage, provided the governor can beat Downstate primary challengers in June. Hochul’s prospects to become the first woman elected governor were buoyed by Attorney General Letitia James withdrawing her candidacy. Hochul subsequently garnered a big lead in the polls and raised a record amount of money.

Hochul’s brief tenure as governor has benefitted from an influx of federal money coming to the state during the pandemic. This helped erase existing budget gaps and helped Hochul spread funds throughout the state, though not without controversy. Hochul’s announcement of state funding for a new stadium for the Buffalo Bills received scrutiny for the timing and dynamics.

Nevertheless, Hochul has benefited from simply not being Cuomo, and championing stalled issues, like ethics reform, a longstanding challenge in New York. How the state’s  $212 billion budget is allocated is rife with opportunities for corruption, evident in related convictions of former legislative leaders, particularly under the aforementioned “three men in a room” model. Hochul is different from Cuomo in background, style and substance, prompting some hope that state leadership will move in a more inclusive and democratic direction.

Hochul’s future will be contingent on the November election. New York does not have a strong record when it comes to ease of voting. Recent voting reform laws and executive orders have helped address this, including early voting (beginning 10 days prior to Election Day) and expanded access to absentee ballots during the COVID pandemic. Such reforms coincided with New York having record turnout in 2020 (63 percent).

Five times more New Yorkers voted by mail compared to the last presidential election in 2016. New York has long struggled with a high rejection rate for absentee ballots, often due to minor technical reasons. Recent ballot “curing” reforms helped to mitigate this problem.

It is an open question if absentee ballot access will be extended beyond this year.    New Yorkers recently rejected constitutional amendments that would have eliminated deadlines for registering to vote and adopted no excuse absentee voting. This was surprising, given the political orientation of the state and national efforts by Democrats to expand voting rights. New York Democrats failed to effectively mobilize support for these initiatives, succumbing to the superior organizational ability of Republican opposition. 

The state GOP also sued Democrats over recent Congressional and state legislative maps resulting from redistricting. This was the first time New York used an “independent” commission adopted in 2014. The commission was still designed with partisan dynamics and was beholden to the legislature.

The legislature rejected the commission’s first set of maps. It failed to produce a second set, enabling the legislature to draw new maps, which Republicans believe disproportionately favor Democrats. The issue is currently in the courts. Even if the outcome is upheld, there is little doubt that Democrats from New York were under pressure to produce as many safe House seats as possible in a larger national gerrymandering battle following the 2010 census.

Like many states, New York has dealt with unforeseen challenges the past few years, including over 67,000 deaths from COVID, major economic disruption, and yet another major political scandal in Albany. Cynicism is a key element of state political culture. Through the morass there were positive democratic developments few would have envisioned a short time ago.