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New York court upholds mail-in voting law, rejects GOP challenge

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In a landmark decision on Tuesday, New York highest court upheld a state law that allows any voter to cast a ballot by mail, effectively rejecting a lawsuit led by Republican U.S. Representative Elise Stefanik that sought to challenge the statute.

The ruling, made by the state Court of Appeals in a 6-1 vote, affirmed lower court decisions regarding the Early Mail Voter Act, which was passed by the Democratic-controlled legislature and signed into law by Democratic Governor Kathy Hochul last year.

The lawsuit, spearheaded by Stefanik, who is a close ally of Republican presidential candidate Donald Trump, argued that the state constitution mandates in-person voting unless a voter is away from home on Election Day or suffers from an illness or disability.

Chief Judge Rowan Wilson, writing for the majority, countered this argument, stating, “Nothing in the Constitution’s text clearly establishes an in-person voting requirement.”

The backdrop to this ruling is significant; since Trump’s unfounded claims of widespread fraud in the 2020 presidential election, Republicans across various states have sought to impose restrictions on voting, particularly targeting mail-in voting. Ironically, the national Republican Party has recently encouraged its supporters to vote early and by mail, despite Trump’s recurring narrative that mail voting is prone to cheating.

The court also acknowledged the contentious history surrounding the law. Notably, Democratic lawmakers had previously attempted to put a constitutional amendment to expand mail voting on the 2021 ballot, which was ultimately rejected by voters, largely due to Republican opposition. In a surprising turn, following the election, legislators determined that a constitutional amendment was unnecessary and proceeded to enact the mail-in voting law.

“Upholding the Act in these circumstances may be seen by some as disregarding the will of those who voted in 2021,” Judge Wilson noted. “But our role is to determine what our Constitution requires, even when the resulting analysis leads to a conclusion that appears, or is, unpopular.”

In response to the ruling, Stefanik expressed her discontent, calling it “disgraceful” and asserting, “Today’s ruling has essentially declared that for over 150 years, New York’s elected officials, voters and judges misunderstood their own state’s Constitution.”

Governor Hochul celebrated the decision as “a victory for democracy & another loss for those seeking to disenfranchise New Yorkers” in a statement posted on X (formerly Twitter). This ruling marks a significant moment for voting rights in New York, reinforcing the state’s commitment to accessible voting for all citizens.

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