Voting Guide For Queer New Yorkers "For Us, By Us"

Page 1


With individual contribution from Ace Sutherland and Shain Filcher

Key contributors include NEW Pride Agenda (Brittan Hardgers & Kei Williams), WAVE Women Inc (Javannah Davis), New York Transgender Advocacy Group (Yanery Cruz), Next Gen Men of Transition (Brittan Hardgers), and individual community advocates Ace Sutherland and Shain Filcher

WHAT IS THE QUEER VOTING GUIDE

Introduction: From the Creators to Fellow New Yorkers

The Queer Voting Guide is designed to empower LGBTQ+ New Yorkers with a clear blueprint for understanding the electoral process and actively engaging in statewide and local ballot initiatives Voting is a critical tool for shaping policies, protecting rights, and ensuring representation for our diverse communities Through this guide, we emphasize the importance of voting not only as an individual responsibility but also as a collective effort to influence policies that directly affect LGBTQ+ lives

This resource acknowledges the barriers many face, such as voter suppression and systemic discrimination, particularly impacting Black, Brown, transgender, and gender-nonconforming individuals It also highlights the importance of voting in solidarity with queer migrants and immigrants who cannot vote but whose rights and well-being are directly influenced by electoral outcomes

Created collaboratively by leading organizers across New York State during one of New Pride Agenda's Statewide Advocacy Calls, this guide reflects the collective expertise and needs of our communities Together, we have built this much-needed resource to equip voters with the knowledge and tools to make informed decisions that strengthen and support LGBTQ+ communities

President and Vice President

U S Senate and House of Representatives

New York State Senate and Assembly

Judicial Races

Ballot Proposals

Saturday, Oct 26

Last day to request mail ballot, online or by mail WHAT’S ON MY BALLOT THIS YEAR?

First day of Early Voting Voter registration deadline

2024 GENERAL ELECTION

Last day of Early Voting Sunday, Nov 3

Last day to request mail ballot, in person Monday, Nov 4

Election Day Tuesday, Nov 5

Last day to submit mail ballot

HOW DO I FIND MY POLLING SITE?

Find information about your polling location here: https://voterlookup.elections.ny.gov/ or Scan the QR code

Your early voting site may not be the same location as where you regularly vote Be sure to lookout for information in the mail from the Board of Elections or NYC Votes (borough-based) You have the right to vote if you are in line or in your polling place when the polls close.

VOTER REGISTRATION

One of the most important aspects of being an American citizen is the right to vote make sure you are registered. To qualify for voter registration in New York State, you must:

Be a United States citizen

Be 18 years old

Not be adjudged mentally incompetent by a court

Not claim the right to vote elsewhere

Be a resident of New York and the county, city, or village for at least 30 days before the election

Not be currently incarcerated for a felony convention

A new law passed in 2021*, restores the right to vote for a person convicted of a felony upon release from incarceration, regardless of if they are on parole or have a term of post-release supervision. If a convicted felon is not incarcerated, they are eligible to register to vote.

*LawappliestoNewYorkspecifically

REGISTERING TO VOTE

Of course, we encourage you to register to vote online which is free and available at elections.ny.gov.

You can also use this online platform to join a political party, change your party designation, or update your name and address on file with the Board of Elections.

What if I’m homeless?

You have the right to vote You don’t need a home to register, but you do have to identify a place of residence (which can be a street corner, a park, a shelter, or any other place where you usually stay). You also have to identify a mailing address, but with their permission you can use the address of a local advocacy organization, shelter, outreach center, or anyone willing to accept mail for you.

KEY AMENDMENTS

15th Amendment: Prohibits voting discrimination based on race or color

19th Amendment: Prohibits voting discrimination based on gender.

24th Amendment: Prohibits poll taxes.

26th Amendment: Sets the minimum voting age at 18 Voting Rights Act of 1965: A landmark law that prohibits racial discrimination in voting practices

VOTER RIGHTS

It is illegal to deny the right to vote based on race, ethnicity, or language, as racial discrimination in voting is prohibited. The Americans with Disabilities Act (ADA) ensures that polling places are accessible to voters with disabilities, providing essential protections for those with disabilities.

Voter suppression based on gender is also strictly prohibited. Additionally, the Voting Rights Act mandates that jurisdictions with significant populations of non-English-speaking citizens must offer language assistance to ensure all eligible voters can participate in the electoral process.

LGBTQ+ PROTECTIONS

Any form of discrimination at the polls based on sexual orientation or gender identity is prohibited under state and federal laws.

HONOR THE ANCESTORS

Rustin was an American civil rights activist, openly gay man, adviser to Dr. Martin Luther King Jr., and was the main organizer of the 1963 March on Washington.

Most voter suppression tactics may include occurrences such as reducing polling stations in specific areas, long lines, misinformation campaigns, and restrictive registration processes. Some states allow poll watchers to challenge a voter’s eligibility, but voters have protections against baseless or discriminatory challenges. Laws prohibit intimidation, coercion, or threats at the polling place.

Legal protections can be found through the Department of Justice (DOJ) which has a Civil Rights Division that monitors elections and addresses violations of voter rights

We know that some voter ID rules may disproportionately impact marginalized groups.

Many states require some form of identification at the polls This may include government-issued photo IDs (such as driver’s licenses, state IDs, or passports), non-photo IDs (such as a utility bill or bank statement), or voter registration cards. Some states may offer more flexible options, while others have stricter requirements. For transgender and nonbinary individuals, the ID requirements can present unique challenges – particularly if the gender marker or name on their identification documents does not match their present gender identity or physical appearance. This mismatch can lead to additional scrutiny at the polls, confusion, or even challenges to their right to vote See the next section for tips on navigating these challenges.

Bayard

DATA POINTS

For the past decade, The Williams Institute has released reports on the impact of voter registration requirements and voter ID laws for transgender people who are eligible to vote at the polls.

Here are some highlights for the 2024 November general election.

825,100

transgender adults are eligible to vote in the 2024 general election

210,800

voting-eligible transgender citizens do not have IDs that reflect their correct name and/or gender

172,800

transgender adults reside in states with the strictest voter ID laws

Voter ID laws in the United States by photo ID requirements and strictness

The Potential Impact of Voter Identification Laws on Transgender Voters in the 2024 General Election (September 2024) THE WILLIAMS INSTITUTE

KEY CONSIDERATIONS FOR TRANS AND NONBINARY VOTERS

New York State does not have “voter ID” laws If you have voted in New York before, you don’t need to provide an ID to vote. If it is your first time, and you didn’t provide it during registration, you may be asked to show ID to vote

Check out additional tips below for support as TGNC voters.

ID Name and Gender Marker Mismatch

If a transgender or nonbinary individual’s current appearance, name, or gender marker does not align with what is on their ID, they may be questioned by poll workers. However, voters cannot be denied their right to vote because their gender presentation does not match their ID.

Voter Registration Information

It’s essential for transgender and nonbinary voters to ensure that their voter registration information matches their current legal name, as this is typically what poll workers will check against identification. In some cases, having a voter registration card that includes updated information can help avoid confusion at the polls

Be Prepared to Explain Inconsistencies

If your appearance, name, or gender marker differs from your ID, be prepared to explain to the poll worker that while your ID may not fully reflect your current identity, it is valid and sufficient under state law. You have the right to vote as long as you meet the legal requirements

Use a Voter Affidavit if Necessary

In some states, if the ID doesn’t match or if there’s an issue, you may still be able to cast a provisional ballot by signing an affidavit verifying your identity. Make sure to ask if this is an option.

Report Any Discrimination

If you believe you’re being discriminated against or your rights are being violated, report the issue immediately. Many states have election protection hotlines (e.g., 1-866-OUR-VOTE) where you can report problems.

KEY CONSIDERATIONS FOR TRANS AND NONBINARY VOTERS

New York state is a big place, and there is a cultural difference between upstate and downstate We want our community members to stay safe, take part in their civic duties, and have their voices heard Sometimes that looks like being best prepared to lessen the likelihood of potential challenges. Here’s how to get a head start on easing the process.

Complete the Legal Name Change

An individual can legally change their name by asking the court for permission to do so This process usually involves filing paperwork with the appropriate court (as determined by their NYC/NYS residency), likely paying a court fee, and possibly attending a hearing

Update Identification Documents

After obtaining the court order for the name change, it’s important to update all identification documents, including a driver’s license, state ID, Social Security card, and passport. You will also be able to change your name on utility bills, bank statements, and other documents.

Notify the Election Authority

Contact the local or state election authority, typically the county election board or state board of elections, to update the name on voter registration. This can often be done by submitting a voter registration update form, along with supporting documentation, such as a copy of the court order or updated ID

Check Your Voter Registration Status

It’s a good idea to verify that the name change has been processed by checking online through the state or local election website. Many states allow voters to check their registration status online.

Request Help or Advocacy Support

If you face challenges, remain calm and ask for assistance. Organizations, such as the ACLU or LGBTQ+ legal advocacy groups, may offer support or resources for voters who face difficulties. It’s also helpful to know if your state has a non-discrimination policy at polling stations.

PRO TIP

Most of these suggestions require resources including funds Give yourself time to execute these items. Maybe consider doing these in the off-season of election years so you can move with ease.

DEBUNKING VOTER MYTHS

Despite the importance of voting, many false narratives cause LGBTQ+ New Yorkers to hesitate about voting. It’s crucial to debunk these myths and encourage confidence in the voting process, especially within our community.

“My Vote Doesn’t Count”

This is one of the most pervasive myths in the voting process. Every vote contributes to the larger outcome, particularly in local elections, where decisions are made that directly affect our communities. Immigrant rights advocate Uche Onwa powerfully reminded us with the mantra, "Vote with me in mind", underscoring the critical importance of inclusive and representative advocacy. Voting with your community in mind is not just about your individual voice but ensuring that the needs and rights of marginalized groups are represented According to GLAAD, 94% of LGBTQ registered voters are highly motivated to vote in the 2024 election, demonstrating the power and influence of the LGBTQ vote

“LocalElectionsDon’tMatter”

Local elections are often overlooked, but they are where the most immediate changes occur. From school boards to city councils, these officials shape policies that directly impact our daily lives, including LGBTQ+ rights and protections. Nala Toussaint’s impactful statement, "We must ensure our voices are not just heard but also echoed in the actions we inspire," serves as a reminder that voting, particularly in local elections, drives the change we want to see in our communities Skipping local elections means missing out on an opportunity to influence policies that matter most GLAAD reports that 53% of voters would oppose candidates who focus on anti-transgender policies.

“You can’t vote if you changed your name or moved recently”

Many people in the LGBTQ+ community may hesitate to vote after undergoing a legal name change or moving to a new residence However, this myth is false Voter registration can be updated to reflect name changes and address changes. It's important to take the necessary steps to update your voter information so that your voice is counted. The 49% of LGBTQ voters who report experiencing real-world harassment and the 72% who experience mental health impacts due to political rhetoric need to know their vote is a tool of empowerment and change.

In the face of these common myths, we encourage you to approach the voting process with confidence. Every vote matters, and by showing up, you not only represent yourself but also stand in solidarity with others who may face barriers to voting. Voting is a powerful tool to ensure our voices lead to real, actionable change. The GLAAD poll highlights how voting with solidarity especially in support of issues like transgender rights has widespread voter support, making participation all the more crucial.

BALLOT PROPOSALS

Remember to flip your ballot.

A ballot measure is a proposal put to voters during an election that can create or change laws In New York State, ballot measures can include constitutional amendments, state laws, or local ordinances Voters can express their opinion by voting “yes” or “no” on these measures, which helps shape policies in their community and state

This is where it’s important to pay attention to what’s specfically on your ballot per the county that you live in For the general election of 2024, all voters will see ‘Prop 1’ – and it will be the same across the state. However, any other ballot proposals vary by municipality and may also be listed as Prop 2,3,4 etc.

PROP 1 IN A NUTSHELL

New York voters will decide whether to secure our freedom to control our own bodies, lives, and futures against government interference. Prop 1, appearing on ballots this November, is an amendment to the New York Constitution that would ensure that no New Yorker is discriminated against or has their rights taken away by the government on account of their gender, disability status, reproductive choices, ethnicity, age, and sexual orientation

WHAT PROP 1 WOULD DO

Currently, the New York Constitution only prohibits religious and race-based discrimination Prop 1 would amend the New York Constitution and expand its anti-discrimination provisions If Prop 1 is passed, a broad range of historically targeted groups will see their hard fought rights reflected and enshrined in the New York Constitution, our state’s most authoritative source of law In addition, Prop 1’s constitutional anti-discrimination protections would apply to a wider set of government actors than other parts of our state’s laws, like the Human Rights Law

FACT CHECK

“PROP 1 WOULD ALLOW MINORS TO HAVE GENDER-AFFIRMING SURGERIES WITHOUT PARENTAL CONSENT.” >> FALSE

Neither Prop 1’s age nor gender-related protections would have this outcome What Prop 1 would do is prohibit the government from targeting parents who make the decision, in consultation with their child’s medical provider, to support their child when gender-affirming care is found to be medically necessary.

“PROP 1 WOULD ALLOW MINORS TO “GENDER TRANSITION” IN SCHOOLS WITHOUT THEIR PARENTS’ KNOWLEDGE.” >> FALSE

This claim is a misunderstanding, or a misrepresentation, of Prop 1’s effect on TGNCNBI students’ rights. What Prop 1 would do is prohibit the legislature from passing “forced outing” legislation that we have seen passed in other states, which require school employees to notify parents when their child expresses an interest in gender identity and transition Prohibiting forced outing legislation is not the same as prohibiting school employees from speaking with a child’s parents about their child’s gender identity

Further, there is no need for Prop 1’s application in the area of students’ privacy rights, because New York already has rules that require public school employees to respect students’ privacy, including minors

LGBTQ+ REPRESENTATION IN THE JUDICIARY

For the past 30 years, New York has been a leader in advancing LGBTQ+ people to the bench.

The late U.S. District Judge Deborah A. Batts was the first openly gay federal judge in the nation, serving the U.S. District Court in the Southern District of New York (New York City) for over 25 years. She was nominated by President Clinton. The Honorable Seth M. Marnin is the first openly transgender male judge in the United States. Judge Marnin was nominated by Governor Hochul to the New York Court of Claims in 2023 While there are too many LGBTQ+ legal trail blazers at various levels of the state and federal judiciary to list individually here, openly LGBTQ+ people still remain an overall rarity behind the bench, particularly at the federal level. Representation and visibility matter.

It’s important to know your LGBTQ+ judges. Judicial decisions at all levels, not just the U.S. Supreme Court, affect the everyday lives of LGBTQ+ people. Will a bisexual woman seeking full custody of her child be seen as an irresponsible and unreliable caregiver solely because of her sexual orientation? What does covert discrimination in the workplace feel like? Can a transgender man applying for a legal name change expect to be treated fairly and with dignity by the judge and court staff? When bias and stereotypes become enshrined by judicial decisions, the rule of law is jeopardized

Judges in New York are bound by a Code of Conduct that governs their personal and professional behavior. Regardless of their sexual orientation, gender identity, and/or gender expression, they are required to “...act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”

Appointments are one path to becoming a judge, and elections are another With so few people participating in voting, and not everyone who does so participating in the judicial election portion of their ballot, your voice makes a difference in contested election outcomes.

It is also worth remembering that any vote for executive offices such as President and Governor directly impacts whether the lived experience that openly LGBTQ+ jurists could bring to the bench will be considered when appointments become available during their term So this is another small reminder –Your vote matters, in big ways.

The LGBT Bar Association of Greater NY interviews judicial candidates for local and state elections to determine whether the candidate, if elected to the bench, would:

Demonstrate a commitment to the equality of rights for all LGBTQ+ people; 1 Possess the integrity, intellect, experience, and temperament required of judicial office; and 2.

3 The Association’s Judicial Ratings are available to the public free of charge www.lgbtbarny.org/judicial-ratings

Perform their judicial duties without bias or prejudice against or in favor of any person and will not permit discrimination against any minority in their courtroom

PRO TIP Do not wait until you’re in the voting booth to review the ballot, as candidates are often listed under multiple parties, which can lead to confusion and overwhelm when you feel pressure to make a decision. Preview your ballot and complete your research as early as possible.

A MESSAGE TO THE YOUTH

If you’re a young voter, you’ve probably noticed how things like housing, education, and everyday expenses have become more expensive lately. Inflation is a real challenge, and it directly affects your financial stability and future plans. But here’s the thing: voting is one of the most powerful tools you have to influence the policies that shape these issues. Whether it’s student debt relief, affordable housing, or economic opportunities, your vote can help push for changes that make life better for you and others. By voting, you’re not just choosing leaders you’re shaping the kind of world you want to live in.

And it’s not just about your personal concerns. Your vote represents your voice, especially when so many young people like yourself are advocating for the issues that matter most to your generation. When you participate, you’re ensuring that young people and communities like the LGBTQ+ community are represented in decisions that impact everyone. The diversity of voices from younger voters helps create more inclusive policies that truly reflect the needs of all people. Your perspective, your values, and your experiences all contribute to making the world more just and equitable for everyone.

Source:PewResearchCenter,2023

STRENGTH IN NUMBERS

About45%ofthe40millioneligibleGenZvotersarepeopleofcolor. Thisincludes88millionLatinos,57Blackyouth,17millionAsianAmericans, and18millionmultiracialyouth

Sincethe2022midtermelection,around8.3millioneligibleyouthvoters aged18-19willhavejoinedtheelectorate.Thesenewvotersrepresenta significantopportunityforyoungvoicestomakeanimpact

Inthe 2020Presidentialelection,votersage18-29madeup10%ofthe electoratebut27%ofthosevotersstayedhome.Thisgaphighlightsthe importanceofmobilizingyourfellowyouthtoensureyourvoicesareheard.

Engage your peers in conversations about the importance of participating in elections together, you can create a powerful movement that amplifies the voices of young voters like yourselves!

Change LGBTQ+ Policies Change LGBTQ+ Policies

The election of progressive local leaders in New York City allowed for the passage of a law that makes it easier for transgender individuals to change the gender marker on their birth certificates without requiring surgery This 2018 policy change directly improved the lives of many in the transgender community. NYC Transgender Birth Certificate Law REMINDER

Beyond voting, attending town hall meetings, engaging in public hearings, and working with community-based organizations are all ways to participate in shaping the future of local governance As Brittan Hardgers stated during his 2021 Rochester City Council campaign, "Changing the narrative is a job each and every one of us must commit to! I believe representation of lived experience outside of political normalities deserves a seat at this table.”

KEY CONSIDERATIONS FOR ENGAGING MARGINALIZED FOLKS

Many LGBTQ+ individuals belong to multiple marginalized communities (BIPOC, disabled, migrant) and face overlapping forms of discrimination such as racism, homophobia, transphobia, and economic disadvantages Recognizing how these layers of oppression interact is essential.

Be Conscious of Barriers to Voting

Voter ID laws and registration processes can disproportionately affect LGBTQ+ voters. Transgender people, for example, may face difficulties with voter IDs that do not match their current gender presentation or name.

Disabled individuals may encounter accessibility issues at polling locations or in accessing information.

Immigrant LGBTQ+ communities may lack legal protections or may fear repercussions due to anti-immigrant sentiments or policies, limiting their voter participation.

Combat Mistrust and Historical Exclusion

Many marginalized communities have a history of being excluded from or distrusting political processes This mistrust can be more pronounced for LGBTQ+ voters from immigrant or BIPOC backgrounds. Therefore, building long-term relationships, showing consistent support, and involving community leaders in voter engagement efforts can foster trust.

Provide Accessible Information and Resources

Marginalized voters may need voter education materials in multiple languages, in accessible formats (such as Braille or large print for disabled individuals), and with culturally relevant messaging This includes addressing issues that directly affect them, such as racial justice, healthcare access, immigration rights, and protections for LGBTQ+ communities.

Partner with Community-Based Organizations

Working alongside trusted organizations and leaders within the BIPOC, disabled, and immigrant LGBTQ+ communities ensures that outreach is authentic and resonates with their lived experiences. These organizations often have a deep understanding of the specific challenges their communities face and can act as powerful liaisons.

Address Policy and Promote Civic Participation

Marginalized LGBTQ+ voters may prioritize policy areas like:

Healthcare (including LGBTQ+ affirming care)

Affordable housing (especially for those who are disproportionately homeless, like transgender people)

Police violence and immigration reform (relevant for BIPOC and migrant communities)

Disability rights (accessibility, healthcare, employment)

KEY CONSIDERATIONS FOR ENGAGING MARGINALIZED FOLKS

LGBTQ+ people from marginalized groups may not feel welcome or safe in mainstream policing spaces Providing affirming environments, both physically or virtually, is crucial for engagement Ensure respect is present through gender affirming actions such as using the correct pronouns. Here are some stragies for voter outreach and mobilization.

Build Trust with the Community

CIVIC ENGAGEMENT BEYOND VOTING

Civic engagement is not limited to influencing election results.

It is paramount that we recognize that civic engagement goes beyond voting at the polls. Civic engagement is the ability to influence public policy through citizen action and organizing. Examples of civic engagement, outside of voting, include, but are not limited to: attending listening sessions on policy issues, speaking with family members and friends about the current political climate, and tabling at events.

As queer and trans people, we understand that voter suppression and thus a lack of community engagement can and will continue to leave us behind in public policy advancements. As such, the collective will continue to engage our voting and non-voting siblings through the following avenues:

Social media engagement- asking thought-provoking questions and holding space for respectful debate; Tabling at community engagements- educating the public on issues that directly impact our community; and Hosting listening sessions- allowing for constructive feedback from community members on the political divide and how to change the narrative.

The aim is not to only engage with those who can vote but instead we aim to educate and mobilize all people who are directly impacted by queer and trans legislation regardless of ability to vote.

There are many queer and trans siblings who are ineligible to vote for a variety of reasons. Some of these reasons may include, but are not limited to:

Immigration status; Mental capacity; Incarcerated status; and Young people, under 18 years of age

However, these groups of people are equally as impactful as those who show up to the polls. Even more so, while these groups of people may be ineligible to vote, they are directly impacted by the policies that are enacted without their input.

OUR COMMITMENT

Through producing resources like this voter guide, advocating for direct funding, and using our voices to elevate the stories of those who live at the margins we remain steadfast in our work in service of the LGBTQ+ community. We know these actions are essential for fostering a society where all individuals, regardless of their identity, can thrive and be treated with dignity and respect We hope you join us.

This guide is up to date to the best of the authors' knowledge as of the publication date. However, it is not a substitute for legal advice or representation. For specific legal concerns, please consult a legal professional.

Organizational representation from the NEW Pride Agenda (Brittan Hardgers & Kei Williams), WAVE Women Inc (Javannah Davis), New York Transgender Advocacy Group (NYTAG) (Yanery Cruz), Next Gen Men of Transition (Brittan Hardgers), and individual community advocates Ace Sutherland and Shain Filcher

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.