By Dan Murphy
The recent decision by the New York State of Appeals, that the law passed by the NY Legislature allowing all registered voters to be able to vote by mail, is constitutional, means that voters in the Empire State will be allowed to cast their ballots by mail for the foreseeable future.
The court ruled 6-1, in affirming a lower court decision that the vote by mail law in NY did not violate the NYS constitution.
In 2020 and in the middle of COVID, Governor Andrew Cuomo signed an executive order permitting voters to cast their ballots by mail. More than 1.5 Million New Yorkers cast their ballot by mail during a Presidential year.
In 2021, a referendum on mail in ballots was rejected by New Yorkers. But the state legislature moved forward with a law to permit mail in voting, which passed easily and was signed into law by Governor Hochul.
Most democrats support mail in voting, while republicans have opposed the concept, not only in New York but across the country. “The Court of Appeals decision today to uphold the legislature’s mail-in early voting scheme is an affront to every New Yorker,” said New York State Republican Chairman Ed Cox. “In 2021, voters soundly rejected a constitutional amendment to permit no-excuse absentee voting. Yet despite that decision, Gov. Hochul and the legislature decided to enact the functional equivalent of no-excuse absentee voting when they adopted mail-in early voting in 2023. This holding is clearly contrary to what generations of New York legislators, attorneys and judges had decided and what the people said in 2021 when they rejected the amendment.
For decades, the ability for New Yorkers to cast a vote by mail, or an absentee ballot, was difficult. Voters had to provide an explanation for their paper ballot, be it illness or vacation or otherwise.
New York Attorney General Letitia James, who defended the law in court, said, “The right to vote is the cornerstone of our nation, and government should make it easier for citizens to have their voices heard, not harder. While some want to put up roadblocks and stifle New Yorkers’ ability to exercise their Constitutional right to vote, I will always stand up and protect this basic, yet essential, freedom. Every election, at every level of government, is a beautiful celebration of patriotism and civic responsibility, and I encourage all New Yorkers to exercise their right to vote and to hold their public servants accountable. I will keep working to protect our state’s laws, and will do everything within my power to push back against anti-voting rights efforts and instead empower New Yorkers’ access the polls.”
In 2023, the state legislature passed the New York Early Mail Voter Act to allow all authorized registered voters to apply to vote by mail for any election in which they were eligible to participate. Since the legislation was signed into law, all eligible New York voters have been able to request mail-in ballots in multiple elections including both major political parties’ presidential primaries, and special elections to fill vacancies around the state.
Opponents of the legislation filed a lawsuit that, if upheld, would have undone the reform and meant that eligibility for requesting vote-by-mail rights would have been severely curtailed. The lawsuit was rejected by a trial court and the New York State Appellate Division, Third Department, and has been again rejected by the Court of Appeals, meaning that this voting reform will remain in effect going forward.
NY Republican Congresswoman Elilse Stefanik said, “The decision to dismiss our request for an injunction to halt the implementation of mass unregulated mail-in early voting is just another example of New York’s lawless and rampant corruption. The New York Constitution is very clear, if you would like to request an absentee ballot, there is a safe and legal process; unregulated mass mail-in ballots are illegal. Hardworking families in New York State deserve fair and legal elections. It is shameful that we argued for a fair and legal election on October 13th only to get a ruling at 11pm on December 26th. If Democrats can’t win through a legal election, they cheat and that has never been more clear than right here in New York.”
NYGOP Chair Ed Cox said, “The decision by Supreme Court (Albany County) dismissing our request for an injunction to halt the implementation of the mail-in early voting statute was plainly wrong. The Court did not consider the merits of the case and had to be forced to issue an opinion after we asked the Appellate Division to force Justice Ryba to issue an opinion. Our request for an injunction to halt implementation of the law was argued on October 13 and she only issued her opinion at 11PM on December 26. Judges who decide cases based on politics and not the law are a disgrace to our State.
