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New Yorkers Granted No-Excuse Mail-In Voting for Special Election
New Yorkers are set to exercise their voting rights through no-excuse mail-in ballots for the upcoming special election to fill the void left by former Rep. George Santos (R). However, the decision has sparked controversy as Republicans swiftly appealed an Albany judge’s ruling endorsing this voting method.
Albany Supreme Court Upholds No-Excuse Mail-In Voting
Albany Supreme Court Justice Christina Ryba recently denied the Republicans’ request for a temporary prohibition on the use of mail-in ballots until she rules on the constitutionality of the state’s Early Mail Voter Act. This legislation permits all registered voters to vote by mail, regardless of meeting the conventional criteria outlined in the state constitution.
Ryba emphasized that the plaintiffs, led by Rep. Elise Stefanik (R), failed to demonstrate that they would “suffer electoral disadvantages” due to the implementation of the mail-in ballot law.
“Since the statute has yet to be declared unconstitutional, the balances do not tip in plaintiffs’ favor because enjoining the Early Mail Voting Act at this juncture would harm New York voters,” Ryba wrote in her decision on December 26.
Special Election Proceeds with Mail-In Ballots
With Justice Ryba’s decision, the state can now send out mail-in ballots for the special election scheduled for February 13, aimed at replacing the expelled Congressman George Santos.
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Despite the court’s decision, Republicans are not backing down. They promptly appealed to the New York Supreme Court 3rd Appellate Department last Wednesday.
Republicans Allege Unconstitutional Legislation
Republicans, led by New York State Republican Party Chair Ed Cox, argue that the state legislature enacted the Early Mail Voter Act in “open and knowing defiance” of the Constitution. They claim the law was passed against the will of voters, citing a rejection of a similar proposal in 2021.
The lawsuit, filed on September 20, coincided with Governor Kathy Hochul’s signing of the bill. Rep. Elise Stefanik and fellow New York Republican Representatives Nicole Malliotakis, Nicholas Langworthy, Claudia Tenney, and various state and local officials brought the legal challenge. The New York Republican State Committee, National Republican Congressional Committee, and Republican National Committee, represented by O’Connell and Aronowitz P.C, also joined the suit.
Future Implications and Legal Battle Ahead
Without an injunction, mail-in ballots will be sent out and collected during the special election, followed by March’s village elections. New York State Republican Party Chair Ed Cox remains confident that impartial judges will overturn the law, asserting, “This new law is directly contrary to the state Constitution and should be overturned.” The legal battle continues with the officially titled Stefan\ik v. Hochul, N.Y. App. Div., 3d Dep’t, No. CV-23-2446, appeal 12/27/23.
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