On August 20, the New York State Court of Appeals upheld the New York Early Mail Voter Act by dismissing challenges from Republican lawmakers, affirming the law’s constitutionality. This ruling empowers New Yorkers to opt for mail-in voting in upcoming elections, including the presidential election set for this November.
The Early Mail Voter Act was passed by the New York legislature in 2023 and was signed into law by Governor Kathy Hochul on September 20. The law allows all registered voters in New York to apply for mail-in ballots for any eligible election. Voters can submit their applications either electronically or in person, and they must provide verification of their identity and voter eligibility.
Although the law was initially slated to take effect on January 1, it faced legal challenges right from its inception, with opponents claiming it was unconstitutional. The plaintiffs, led by Republican Congresswoman Elise Stefanik, included other elected officials, concerned voters, and party members, while the defendants included Governor Hochul, the state election board, and its co-chairs. Notably, Stefanik has been a vocal supporter of former President Trump, who has continuously criticized mail-in voting as fraudulent following his loss in the 2020 election, despite courts dismissing such claims.
In court filings, Stefanik and her co-plaintiffs argued that Section 2 of Chapter 2 of the New York State Constitution restricts absentee voting to those who are overseas or disabled, claiming that the new law’s expansion of mail-in voting contradicted the requirement for in-person voting without justifiable cause. This argument was rejected by both lower courts and the New York State Third Appellate Division. Upon further appeal, the State Court of Appeals determined that the constitution does not explicitly require in-person voting, thereby upholding the ruling of the lower court.
With the court’s decision, the Early Mail Voter Act can now be implemented, giving New York voters the flexibility to choose their preferred voting method in future elections. Following the ruling, New York Attorney General Letitia James issued a statement expressing her approval, highlighting that voting rights are fundamental to American democracy. She emphasized that the government’s role should be to enhance, not impede, citizens’ ability to make their voices heard. James asserted that efforts to obstruct New Yorkers from exercising their constitutional rights would ultimately fail.
