In a landmark decision, New York's appeals court has affirmed a law permitting all registered voters to vote by mail, dismissing challenges from Republican litigants.
The Hill reported that the state Court of Appeals ruled 6-1, supporting a law that expands mail-in voting which Republicans have pointed out creates vulnerabilities in election integrity.
The law, endorsed by Governor Kathy Hochul last September, was designed to expand how New Yorkers can vote, stemming from needs identified during the COVID-19 pandemic. Previously, state laws required voters to cast ballots in person unless they meet specific exceptions like military service or illness.
In 2020, as the pandemic raged, then-Governor Andrew Cuomo facilitated mail-in voting to help reduce virus transmission risks during elections. This temporary measure saw over 1.5 million people casting votes by mail in the presidential election.
Despite efforts to make these changes permanent through a constitutional amendment, opposition led to its failure in a public vote.
Following the failed amendment, the legislature enacted the Early Mail Voter Act earlier this year, which allows mail-in voting without altering the state constitution. This new legislation was immediately contested in court by Republicans, including Rep. Elise Stefanik (R-N.Y.), who argued that it facilitated voter fraud.
Chief Judge Rowan Wilson, writing for the majority, noted that while the sequence of events— from the failed amendment to new legislation—might appear "troubling," their duty was to assess constitutional fidelity, not the legislative process's popularity or motives.
"The constitution does not include such a mandate," stated Wilson, addressing claims that the new law might circumvent the traditional voting process.
Opponents of the law, like Rep. Stefanik, criticized the court's decision vehemently. She argued that the ruling misrepresented centuries of legal precedent regarding in-person voting mandates, claiming a judicial misinterpretation of the state's constitution.
"New York’s court system is so corrupt and disgraceful that 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 and that in-person voting was never required outside the current legal absentee process," Stefanik expressed.
In stark contrast, Governor Hochul praised the ruling, linking it to a broader historical struggle to ensure voting rights for all.
"Generations fought to secure & protect the right to vote. We have a responsibility to remove barriers that still prevent far too many from exercising that right," she commented.
Judge Michael Garcia, the lone dissenter, maintained that the state’s constitution has traditionally limited absentee voting, a view he argues should continue to guide current practices.
This ruling could have significant implications for future elections in New York, potentially increasing voter turnout by simplifying the voting process.
The decision effectively cements the status of mail-in voting as a permanent option for New Yorkers, irrespective of ongoing partisan debates over its impact on electoral integrity and voter participation.
"The voters considered the proposition and voted against it. Having lost the question before the voters, the legislature then decided that no constitutional amendment was required and passed the Act. Upholding the Act in these circumstances may be seen by some as disregarding the will of those who voted in 2021," Wilson explained, acknowledging the complex interplay between legislative actions and voter sentiments.
Despite the controversy, the ruling stands as a testament to New York’s evolving electoral landscape, ensuring that all eligible voters can partake in the democratic process in a manner that reflects modern realities and challenges.
