New York state’s highest court has affirmed a law challenged by Republicans that permits residents to vote by mail up to 10 days before Election Day, with a 6-1 decision.
Gov. Kathy Hochul signed the New York Early Voting Act into law in September 2023.
The legislation allows voters to request a mail-in ballot from the New York State Board of Elections online and mandates that the state set up and manage an electronic system for early mail-in ballot applications.
Republicans, led by Rep. Elise Stefanik (R-N.Y.), sued the state, arguing that the law violated the state constitution.
Chief Judge of the New York Court of Appeals Rowan Wilson issued the majority opinion on Aug. 20.
“Though the State Constitution contains no language that explicitly requires in-person voting, the legislative and executive branches have often proceeded as if our Constitution requires as such,” Wilson wrote.
The Court of Appeals upheld a lower court decision affirming that the state Legislature has clear authority to regulate elections.
“Our Court has never been asked to determine what the Constitution requires in this regard,” Wilson wrote.
“Recently, the legislature assumed that the Constitution requires in-person voting, passing concurrent resolutions culminating in the 2021