The American Democracy Minute Radio Report & Podcast for Aug. 23, 2024

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 NY,  League of Women Voters NY, Let NY Vote Coalition, Common Cause NY

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• USA Vote Foundation – Registration, Eligibility, State Election Office Links
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

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#Democracy  #DemocracyNews #NYPolitics #NYNews #VotebyMail #EarlyMailBallot

The post New York Court of Appeals Upholds Constitutionality of New Early Mail Ballot Law appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for May 13, 2024

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 Vote, Citizen Action NY, League 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

The post New York Appeals Court Protects the State Mail-in Voting Law, Dealing a Blow to NY Congresswoman & GOP Groups appeared first on American Democracy Minute.