Aria Branch Fighting for Democracy

New York’s top court affirmed Tuesday that a measure expanding access to absentee voting in the state is constitutional, rejecting a lawsuit led by House GOP Chair Elise Stefanik (N.Y.).

The New York Court of Appeals ruled 6-1 that New York’s Early Mail Voter Act, which allows registered voters to submit ballots early by mail in any election where they are eligible to vote, can stand. The measure was signed into law by Gov. Kathy Hochul (D) last year.

“Our task is to rigorously analyze the constitutional text and history to determine if New York’s Early Mail Voter Act is unconstitutional,” Chief Judge Rowan Wilson wrote for the majority. “We now hold that it is not.”

Wilson acknowledged the “difficult” question raised by the Republican-led lawsuit, noting that though the New York Constitution does not contain language explicitly requiring in-person voting, the state’s legislative and executive branches “have often proceeded as if our Constitution requires as such.”

https://thehill.com/regulation/court-battles/4837403-new-york-high-court-mail-voting-stefanik/