New York State’s Appellate Division Third Judicial Department ruled on May 9 that the New York Early Mail Voter Act does not violate the state constitution, rejecting the appeal from the Republican party. While this is not a final decision, for this year’s elections, all registered voters can still apply for mail-in voting without the need for any reason.
The New York Early Mail Voter Act, signed by Governor Hochul last September and in effect since January 1 of this year, allows all registered voters to vote early by mail without needing to provide a reason. Prior to this, voters had to provide a valid reason for not being able to vote in person in order to apply for absentee voting.
The Republicans alleged that this law violates the state constitution because voters rejected a state constitutional amendment referendum for “no-excuse absentee voting” in 2021. Congresswoman Elise Stefanik and others filed a lawsuit in the Albany State Supreme Court on September 20 last year seeking a temporary restraining order to prevent the new law from taking effect. However, their request was denied by the state Supreme Court in February this year.
The plaintiffs appealed, and the five judges of the Appellate Division Third Department unanimously rejected the appeal by a vote of 5-0, upholding the decision of the lower court. In the ruling announced on May 9, Justice Michael Lynch stated that the state constitution does not mandate that voters must vote in person on election day. Article II, Section 7, grants the state legislature full authority to determine the method of voting, and the New York Early Mail Voter Act was passed through proper legislative procedures, thus it does not violate the state constitution.
Following the decision of the appellate court, plaintiff Stefanik immediately issued a statement criticizing the decision as “shameful and unconstitutional” for changing the absentee voting procedures, which she believes must be done through a voter referendum to amend the state constitution, a proposal that was rejected two years ago. She vowed to appeal to the New York State Court of Appeals, the highest court in the state.
With the 2024 presidential election approaching, Republicans are vigorously challenging the legality of mail-in voting. According to statistics from the progressive platform Democracy Docket, out of the 64 ongoing election lawsuits brought by Republicans, 33 specifically target mail-in voting. The Republicans argue that mail-in voting is susceptible to fraud and is detrimental to their electoral prospects. However, after the ruling by the New York State Appellate Division Third Department, it may be difficult for the Republican party to block the implementation of mail-in voting for this year’s elections.