New York's highest court ruled on Tuesday that the state’s Early Mail Voter Act, expanding access to absentee voting, is constitutional. The decision, with a 6-1 vote from the New York Court of Appeals, rejects a legal challenge led by House GOP Chair Elise Stefanik (N.Y.).
The Early Mail Voter Act, signed into law by Gov. Kathy Hochul (D) last year, allows registered voters to submit ballots early by mail in any election where they are eligible to vote.
Chief Judge Rowan Wilson, writing for the majority, explained that the court’s role was to closely examine the state constitution. “We now hold that it is not [unconstitutional],” he stated, addressing concerns raised by the lawsuit. He noted that while the New York Constitution does not explicitly require in-person voting, past actions by the legislative and executive branches suggested it was treated as though it did.
Wilson also referenced a failed 2021 ballot amendment aimed at codifying expanded absentee voting, which was rejected by 55% of voters. He emphasized the importance of respecting the voters' position but noted the court’s duty to independently interpret the Constitution.
Elise Stefanik, along with several Republican organizations, had challenged the law soon after its passage. In response to the ruling, Stefanik criticized the court, arguing it ignored the framers' intent and misinterpreted the state's voting requirements over the past 150 years.
She and the Republican groups, including the Republican National Committee and New York’s Conservative Party, maintain that in-person voting should remain the standard, aside from existing absentee voting provisions.
