New York’s Early Mail-In Voting Law Heads to State Supreme Court, Challenged by State & National GOP Leadership



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 Republicans challenged a new voting law in state supreme court July 30th, allowing citizens to vote by mail during the state’s early voting period. The law has been upheld in two lower courts.

Governor Kathy Hochul signed the New York Early Mail Voting Act in 2023, effective last January;  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.  

But, the New York Constitution Article II, Section 2 stipulates a voter must suffer from “illness or physical disability” to vote by absentee. NY Congresswoman Elise Stefanik and state and national Republicans sued, arguing that the Early Mail Voting Act was unconstitutional.   

The lower courts found that another section, Section 7, gives the legislature the authority to make election law, and upheld the Act.  QUOTE  “[a]ll elections by the Citizens . . . shall be by ballot, or by such other method as may be prescribed by law, provided that secrecy in voting be preserved.” 

Oral arguments in the case are heard July 30th, and a decision in the case will likely come quickly, given the State of New York is already receiving Early Mail applications. 

We’ve linked to articles, the appellate court opinion, and constitutional analysis at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Democracy Docket – New York’s Highest Court to Hear Latest GOP Challenge to State’s Mail-In Voting

FindLaw – New York State Constitution Article II, Section 2
FindLaw – New York State Constitution Article II, Section 7
State of NY Supreme Court, Appellate Division (Via Democracy Docket)  – STEFANIK et al. v. KATHY HOCHUL Opinion & Order

Elections NY – Apply for an Early Mail Ballot

Groups Taking Action:
Vote Early NYLeague of Women Voters NY,

Check Your Voter Registration


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