New York Court of Appeals Upholds Constitutionality of New Early Mail Ballot Law



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.

New York’s highest court upheld two lower court rulings August 20th, giving New Yorkers the opportunity to routinely vote early by mail without an excuse.  The decision rebuffed state and national GOP leaders who sued to overturn it. 

Governor Kathy Hochul signed the New York Early Mail Voting Act in 2023 – a law, not a constitutional amendment.  It allows any eligible voter to apply for an early mail ballot with no excuse, subject to approval by the local board of elections.  Like any absentee ballot, it must be returned or postmarked by election day.  

NY Congresswoman Elise Stefanik and state and national Republicans sued, arguing that the Early Mail Voting Act was unconstitutional because the state constitution specified in-person voting only.  They also argued that a constitutional amendment ballot initiative authorizing no-excuse absentee was rejected by voters in 2021.   

A seven-justice panel reviewed decisions from two lower courts and found that since the mid-1960s, the legislature had implemented absentee accommodations without a constitutional amendment, and agreed that the legislature had the authority to enact the law.  One justice dissented.

Earlier this year, the New York Board of Elections opened an online portal for citizens to apply for an Early Mail Ballot, no later than 10 days prior to an election.  

New Yorkers, we’ve linked to the state’s Early Mail Ballot portal at  AmericanDemocracyMinute.org. I’m Brian Beihl. 

Today’s Links

Articles & Resources:

State of New York Court of Appeals (via Democracy Docket) – Opinion in Elise Stefanik, et al. v. Kathy Hochul, et al.
Courthouse News Service – Republicans lose fight against mail-in voting in New York high court
Gothamist – You can vote early by mail in New York, state’s top court rules
New York Board of Elections – Voting by Early Mail Ballot or Absentee Ballot
Democracy Docket – New York’s Highest Court Upholds Law Expanding Mail-in Voting, Rejects GOP Challenge

Groups Taking Action:

Vote Early NYLeague of Women Voters NY, Let NY Vote Coalition, Common Cause NY


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