By Hank Russell
With this election season being what is considered to be the most hotly contested in recent memory, the New York State Court of Appeals may have made it hotter, according to some state elected officials, when they decided to uphold a controversial voting rights law.
On August 20, the state appeals court upheld a lower court’s decision that the Early Mail Voter Act was constitutional. In its decision, Judge Rowan Wilson wrote, “Our Court has never been asked to determine what the Constitution requires in this regard. Recently, the legislature assumed that the Constitution requires in-person voting, passing concurrent resolutions culminating in the 2021 proposed amendment to authorize mail-in voting. We acknowledge that the public rejected that amendment, and we take seriously both the legislature’s position in 2021 and the voters’ rejection of the proposed constitutional amendment. At the same time, we may not simply defer to the legislature’s assumptions about what the Constitution requires. Our task is to rigorously analyze the constitutional text and history to determine if New York’s Early Mail Voter Act is unconstitutional. We now hold that it is not.”
In reaction to the state’s voters rejecting a constitutional amendment on “no excuse” absentee voting, the Governor Kathy Hochul signed the Early Main Voter Act — which was introduced by State Senator Michael Gianaris (D,WF-Astoria) and Assemblymember Karines Reyes (D-Bronx) — in February 2023. In September of that year, U.S. Representative Elise Stefanik (R-New York), joined by the New York State Republican Committee, filed a lawsuit, challenging the Act’s constitutionality. In May 2024, the state Supreme Court dismissed the lawsuit. Stefanik appealed, but the appeals court agreed with the lower court’s decision.
Many cheered the appeals court’s decision, calling it a “victory for democracy” and voting rights.
“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,” Hochul said. “[This] ruling is a significant victory for democracy and another loss for those who seek to disenfranchise New Yorkers and undermine access to the ballot.”
Attorney General Letitia James, who represented the state in the lawsuit, said, “The right to vote is the cornerstone of our nation, and government should make it easier for citizens to have their voices heard, not harder. While some want to put up roadblocks and stifle New Yorkers’ ability to exercise their Constitutional right to vote, I will always stand up and protect this basic, yet essential, freedom. Every election, at every level of government, is a beautiful celebration of patriotism and civic responsibility, and I encourage all New Yorkers to exercise their right to vote and to hold their public servants accountable. I will keep working to protect our state’s laws, and will do everything within my power to push back against anti-voting rights efforts and instead empower New Yorkers’ access the polls.”
Assemblymember Gina Sillitti (D-Port Washington), who is a member of the Assembly’s Election Law Committee, added, “The Court’s decision to uphold the Early Mail Voter Act is a significant victory for democracy, ensuring that every citizen has easier access to the ballot box. As a member of the Election Law Committee, I will continue to work to make our constitutional right to vote as seamless as possible for New Yorkers.”
Assemblymember Charles Lavine (D-Glen Cove), who authored an early voting bill that later became law, said, “I applaud the common sense ruling of our highest State Court. I question why [former president Donald] Trump’s political party would challenge a law making it easier for our citizens to vote. For American democracy to survive, Americans must vote.”
But Assemblymember Ed Ra (R-Franklin Square) said the Act goes against the voters’ wishes and will result in elections being open to voter fraud.
“In 2021, New York State voters soundly rejected a state constitutional amendment that would have allowed no-excuse absentee voting in New York.,” he said “This system adopted by Albany Democrats is a thinly veiled backdoor maneuver to accomplish exactly what the voters rejected. The integrity of our elections should never be placed in jeopardy — we must ensure every vote cast is legitimate and secure. Expanding mail-in voting without proper safeguards risks undermining public confidence in our democracy.”
New York State Republican Committee Chairman Ed Cox, whose group joined Stefanik in her lawsuit, called the appeals court’s decision “an affront to every New Yorker” and “another indication of what one-party rule means for New York State.”
“The legislature and governor act contrary to law and our highest court turns a blind eye,” Cox stated.