Member Update - 2020 NYS Election Summary

Member Update - 2020 NYS Election Summary

November 30, 2020 • Estimated Reading Time: 7 minutes

2020 NYS Election Summary

Dear Tech:NYC members,As of today, mail-in ballot counting in New York is nearly complete and the most notable races have all been decided. Like in other parts of the country, mail-in ballots determined the final outcome of many races, with Democrats winning where Republicans were ahead on Election Day. The Democrats winning these close races are from suburban and upstate districts. Their victories are due to the support of more Independent voters than ever before, with almost no defections by Democrats. As a result of these statewide trends, Senate Democrats will now have a veto-proof majority for the first time in state history.Democrats will hold unprecedented power in Albany next year, as the Assembly maintained its veto-proof majority. Issues expected to receive the most debate include whether to increase taxes, expanding tenant protections, and criminal justice reform. Tech legislation will remain the high-profile priorities of a select but powerful few, including the Deputy Majority Leader in the Senate.Please see below for more detailed analysis of the election results as well as a summary of the highest profile races. Feel free to reach out with any questions.Thank you!Ryan NaplesDeputy Director

Tech and other high-profile issues:

  • Legislation less likely to move quickly in the next two years because of new and re-elected suburban and upstate Senators include: antitrust law changes, facial recognition technology bans for law enforcement, and cannabis legalization. Privacy, policies governing the use of AI, and facial recognition bans in schools or elsewhere will still likely be pursued in earnest. 

  • Gig worker classification will get outsized attention because of Prop 22’s victory in California. 

  • As mentioned above, the highest profile issues to be debated in Albany next year will include increasing taxes, expanding tenant protections, and criminal justice reform.

    • Even if the state receives federal aid, some increased taxes on multi-millionaires and corporations are likely, in addition to borrowing and spending cuts. 

  • Taxes on data and digital advertising are still also being considered by the legislature and the Governor and this election will unlikely affect their chances - which are slim - but they still warrant attention and opposition. 

  • Overall, due to COVID’s devastating economic effects, expect legislation making New York a more expensive place to do business generally to be slowed or limited in scope.  

Progressives:

  • Next year, expect progressive New York City activists and legislators, especially Deputy Senate Majority Leader Mike Gianaris, to push for sweeping changes to state tax regardless of the Governor’s position on these issues. In the Assembly, there are six new progressive members who defeated Democratic incumbents in primaries this summer and remaining NYC incumbents will be concerned about similar primary challenges in 2022. 

  • The two houses, though, are not a monolith. The Senate will be more likely to pass legislation on tech issues and antitrust but then act more conservatively on on issues like legalizing cannabis or increasing taxes. 

  • If both houses do manage to legalize cannabis and make New York a more expensive place to do business, suburban and upstate Senate Democrats will be at serious risk of losing their seats in the next election cycle in 2022. 

    • The Senate Democratic majority is unlikely to be in jeopardy any time soon, however, given their 43-20 seat majority and given that redistricting next year will favor Senate Democrats for the first time in state history. 

Governor Cuomo:

  • With Joe Biden’s victory, the Governor will be less concerned with his primary in 2022 and more concerned with his general election for a fourth term. 

  • His priorities will be COVID recovery and not making New York a more expensive place to do business.

One Congressional Race Not Yet Called:

  • NY-22: In Utica, incumbent Congressman Anthony Brindisi (D) was down by more than 28,000 votes on Election Day. He is now between 12 and 13 votes ahead. Legal challenges are still on-going and a recount is expected.

Highest Profile Senate Victories:

  • SD-5 and SD-6: Long Island Senators Kevin Thomas and Jim Gaughran overcame Election Day deficits of 8,500 and 14,000 votes respectively to win reelection. Senator Thomas is the sponsor of controversial privacy legislation and chairs the Senate Consumer Protection Committee which considers bills that affect the tech industry.

  • SD-22: Senator Andrew Gounardes from South Brooklyn overcame a 6,000 vote deficit on Election Day to win reelection. His victory wasn’t assured because this Democrat-heavy district previously re-elected a Republican for 16 years. Senator Gounardes wrote an op-ed in June about a data tax idea which is unlikely to happen but which we continue to engage on with the Senator and others.

  • SD-46: Democratic candidate Michelle Hinchey flipped this open Republican Senate seat in Upstate New York after trailing her opponent by 12,000 votes on Election Day. The district was explicitly drawn in 2010 for a Republican. Ms. Hinchey, the daughter of a former Congressman for the region, previously worked at the tech company BrightLine, which creates advertising content and analytics for streaming tv. 

  • SD-55 and SD-56: These open Republican Senate seats in Rochester were flipped by Democrats on Election Day. Previously, like in other parts of the state, these Democrat-heavy districts voted for Republican State Senators for decades. SD-55 Senator-Elect Samra Brouk co-founded Umbrella, a start-up that uses technology to help keep seniors safe in their homes by connecting them with affordable and community-driven home care.

Senate Democrat Losses:

  • SD-3: Long Island Senator Monica Martinez lost this competitive race after trailing on Election Day by 14,000 votes. Unlike her colleagues who won reelection, the Senator lost a large majority of mail-in ballots returned by Independents. Her opponent and police unions tied her to the defund the police movement and criticized her for the state's bail reform in 2019. 

  • SD-42: Catskills Region Senator Jen Metzger conceded on November 24th. She failed to overcome a 10,000 Election Day deficit with mail-in ballots. Despite being the Senate Agriculture Committee Chair, her opponent tied her to NYC Democrats.

New York’s Congressional Delegation:

  • NY-3: On Long Island, incumbent Tom Suozzi (D) was down by 4,000 votes to a Republican challenger on Election Day. He declared victory after mail-in ballots provided him a 22,000 vote edge.

  • NY-11: In Staten Island, Nicole Malliotakis (R) defeated incumbent Max Rose (D) who conceded on Thursday, November 12th.

  • NY-15 and NY-17: Ritchie Torrres and Mondaire Jones both won their races in the Bronx and Hudson Valley, respectively, becoming the first openly gay Black members of Congress.