A New York law allowing any registered voter to cast a ballot by mail was upheld Tuesday by the state’s highest court, which rejected a Republican challenge to the legislation.
The 6-1 ruling from the state Court of Appeals affirmed lower courts in finding that the voting expansion law approved by the Legislature last year did not violate the state’s constitution. The lawsuit was part of a widespread GOP effort to tighten voting rules after the 2020 election and was led by U.S. Rep. Elise Stefanik.
Challengers argued that the constitution requires most people to vote in person. Chief Judge Rowan Wilson wrote in the majority opinion that while the question was “difficult,” there is no “clear, unequivocal, and persistent” understanding by the government that this is the case.
Democrats initially attempted to expand mail voting through a constitutional amendment in 2021, but voters rejected the proposal after a campaign from conservatives, who said it would lead to voter fraud.
Republicans in New York denounced the top court’s decision, especially in light of voters rejecting the amendment.
“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 said in a prepared statement.
State Republican Party Chairman Ed Cox called the top court’s decision “an affront” to New Yorkers.
In his dissent, Judge Michael Garcia said that in passing the law, legislators essentially told voters “we never needed you anyway” and said that the court had the power and duty to remedy the situation.
Wilson, though, noted that the state constitution “contains no language that explicitly requires in-person voting” although he said lawmakers and leaders have often acted as if it does. He said the court had never considered the question before, requiring that it “rigorously analyze the constitutional text and history” to determine if the new law is unconstitutional.
Among the arguments presented by the plaintiffs was that New York’s constitution stated “(e)very citizen shall be entitled to vote at every election.” But the judges found that seizing on the word “at” was “meritless,” and that it means the same thing as “in.”
Gov. Kathy Hochul and Attorney General Letitia James were among New York Democrats praising the court’s decision.
“Generations of Americans fought to secure and protect the right to vote, and we have a responsibility to continue removing the barriers that persist today that prevent far too many people from exercising that right,” Gov. Kathy Hochul said in a written statement.
