GOP-led challenge to voting by mail rejected by New York's top court

A New York law that allows registered voters to cast a ballot by mail was upheld by the state’s highest court, which rejected a Republican challenge to the legislation

Mail Voting New York (Copyright 2020 The Associated Press. All rights reserved)

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 US. Rep. Elise Stefanik.

Challengers argued that the constitution required most people to vote in person.

Chief Judge Rowan Wilson wrote in the majority opinion that there is no "clear, unequivocal, and persistent" understanding by government that the constitution requires in-person voting.

Democrats 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.

State Republican Party Chairman Ed Cox noted voters' rejection of the amendment in a prepared statement that called the top court's decision “an affront" to New Yorkers.

“This holding is clearly contrary to what generations of New York legislators, attorneys and judges had decided and what the people said in 2021 when they rejected the amendment,” Cox said.