In a significant ruling on 2024-08-20, New York's highest court upheld a law permitting universal mail-in voting, rejecting a Republican-led challenge. The Court of Appeals, established in 1847 as the state's supreme judicial body, voted 6-1 to affirm the constitutionality of the Early Mail Voter Act.
The legislation, enacted in 2023 by the Democratic-controlled legislature and signed by Governor Kathy Hochul, allows any voter in New York to cast a ballot by mail. This decision marks a crucial development in the state's voting laws, which have evolved significantly since New York's founding as one of the original 13 colonies.
Elise Stefanik, a U.S. Representative since 2015, spearheaded the lawsuit against the act. The plaintiffs argued that the state constitution mandates in-person voting unless a voter is absent or incapacitated. However, Chief Judge Rowan Wilson, writing for the majority, stated, "Nothing in the Constitution's text clearly establishes an in-person voting requirement."
The court's decision comes amid a national debate on voting methods. Since 2020, when false claims of widespread election fraud emerged, many Republican-led states have sought to restrict mail-in voting. Conversely, the national Republican Party has encouraged early and mail-in voting for the upcoming election cycle.
The ruling acknowledges the controversial path to the law's enactment. In 2021, New York voters rejected a constitutional amendment to expand mail voting, a measure opposed by Republicans. Subsequently, legislators determined that no constitutional amendment was necessary and passed the mail-in voting law.
"Upholding the Act in these circumstances may be seen by some as disregarding the will of those who voted in 2021. But our role is to determine what our Constitution requires, even when the resulting analysis leads to a conclusion that appears, or is, unpopular."
This decision reflects New York's complex political landscape. With 29 electoral votes and a population of approximately 19.8 million as of 2023, the state has been predominantly Democratic in recent decades. It has a strong tradition of home rule and has implemented various voting reforms, including early voting.
Stefanik criticized the ruling as "disgraceful," arguing that it contradicts over 150 years of constitutional interpretation. In contrast, Governor Hochul, who became New York's first female governor in 2021, hailed the decision as "a victory for democracy."
The Court of Appeals' ruling reinforces New York's position in the ongoing national dialogue about voting rights and election integrity. As the state with the fourth-largest population in the U.S., New York's policies often have far-reaching implications for national politics and governance.