New York Appeals Court Protects the State Mail-in Voting Law, Dealing a Blow to NY Congresswoman & GOP Groups



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

A New York state appeals court upheld a new state law allowing any state resident to vote by mail during the early voting period.  New York and national Republican committees, along with a NY Congresswoman, had sued to prevent unfettered access to mail-in ballots.

The New York Early Mail Voter Act was signed by Governor Kathy Hochul last September, and immediately challenged by no less than Congresswoman Elise Stefanik, the Republican National Committee, the New York Republican State committee, the National Republican Congressional Committee, and the Conservative Party of New York.   They and the other plaintiffs argued that the law is an unconstitutional end-run around the New York state constitution, which stipulates absentee voting is allowed only when the citizen is absent from the county, or due to an illness or a disability.

The Albany Times-Union reports that the State Supreme appellate court unanimously upheld a lower court’s ruling on May 9th, finding the law constitutional, and affirming the legislature’s power to enact it.  In the court’s opinion, QUOTE  “ . . . the NY Constitution contains no requirement – express or implied – mandating that voting occur in-person on election day.”  

Barring further appeal, the New York Early Mail Voter Act will be in place for the November 2024 general election. 

We have a link to the opinion, the text of the bill, and an Albany Law School analysis at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Gotham Gazette – (2023) Expansive Vote by Mail Bill Moved Through State Legislature as Session Ended
New York State Assembly – New York Early Mail Voter Act
Richad Rifkin, Albany Law School Government Law Center  –  (2023) The Constitutionality of the New York Early Mail Voter Act
Democracy Docket – New York Early Mail Voter Act Challenge
Times-Union – Stefanik case to overturn vote by mail rejected by appeals court

Groups Taking Action:
Common Cause NY,  Let NY VoteCitizen Action NYLeague of Women Voters NY


Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #VotebyMail #VoteatHome #NYNews #NYPolitics