Early Mail Voter Act ruled constitutional by state

ALBANY, N.Y. (NEWS10)-- The highest court in New York State rejected a challenge by Congresswoman Elise Stefanik (R-Schuylerville) regarding no-excuse early mail-in voting on Thursday, May 9. The court ruled the New York Early Mail Voter Act is constitutional and dismissed the complaint.

The act will remain in place for this year's election, and the Attorney General's office said at least 18,000 applications have been filed in two special elections, village elections, and the Presidential Primary. The act’s purpose is to "ease of participation" in elections and make the state a leader in meeting voters where they are. Court documents said the act has safeguards to protect against voter fraud as the state Board of Elections maintains an electric tracking system for ballots mailed in early.

No-Excuse Absentee Ballot Voting would remove current requirements for absentee ballots, precisely, the requirement that an absentee voter cannot appear at the polls because they are out of the country, sick, or have a physical disability. The state electorate rejected a proposal to amend the act to include No-Excuse Absentee Ballot Voting in November 2021.

Before the enactment, Stefanik and other House of Representative members, including the New York Legislature, the New York Republican State Committee, the Conservative Party of New York, and others, asked for "permanent injunctive relief prohibiting its enforcement in upcoming elections." They said a constitutional amendment was needed to implement it.

In response to Thursday's ruling, Rep. Stefanik released the following statement:

“On behalf of all New Yorkers concerned with New York Democrats' illegal and unconstitutional assault on election integrity in New York State, today’s ruling by the Appellate Division is shameful and unconstitutional. The New York State Constitution couldn't be clearer: If you would like to alter the legal absentee ballot process, it must be decided on by the voters through a constitutional amendment. Voters in New York had this option two years ago and overwhelmingly voted against it. Now New York Democrats are illegally jamming through an unconstitutional law that harms election integrity, all while our Far Left Democrat-run courts go right along with it. Democrats' political weaponization of the courts must end, and we look forward to appealing this ruling to the highest court in our state, the Court of Appeals,” 

Representative Elise Stefanik