A New York court rejected a GOP effort to scale back the state’s new mail-in voting law that was passed last year, dealing a blow to state Republicans who challenged the provisions as unconstitutional.
The Albany Supreme Court Monday dismissed the challenge, preserving the New York Early Mail Voter Act that was signed into law by New York Gov. Kathy Hochul in September. The new law allows all voters to cast their ballots by mail during the early voting period, expanding on the state’s previous law that only allowed voters to do so if they met certain qualifications.
Republican lawmakers immediately challenged the law, arguing the state would need to pass a constitutional amendment to expand absentee voting. That challenge was backed by the Republican National Committee, the National Republican Congressional Committee, and several GOP lawmakers.
However, the court ruled it “failed to meet their heavy burden of proving beyond a reasonable doubt that the Early Mail Voter Act is unconstitutional under the NY Constitution.”
Democrats praised the decision, accusing the GOP of seeking to disenfranchise voters by restricting ballot access.
“The fight over New York’s Early Mail Voter Act perfectly encapsulates the difference between the two parties on what makes our democracy great,” Suzan DelBene, chairwoman of the Democratic Congressional Campaign Committee, said in a statement. “House Democrats believe that our nation is strengthened when every eligible voter is able to cast their ballot, while New York’s House Republicans — led by their Conference Chair Elise Stefanik — and the NRCC continue their deeply cynical efforts to restrict eligible voters from participating.”
Republican leaders have already vowed to appeal the decision, maintaining the new law violates the state constitution.
“This decision is wrong, and we look forward to appealing on behalf of hardworking New Yorkers who deserve legal and valid elections,” House GOP Conference Chairwoman Elise Stefanik (R-NY) said in a statement. “Albany Democrats continue to shamelessly believe they are above the law and that just because they changed the name from absentee ballot to mail-in ballot, they don’t need to follow the Constitution. We strongly disagree with the court’s decision and believe our position will be upheld on appeal.”
The decision comes just over a week before New York is set to elect a new representative to replace former Rep. George Santos in the House. Early voting began on Saturday, and more than 21,000 ballots have already been cast during the first two days of that period, according to the New York State Board of Elections.
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The race has garnered national attention as it gives Democrats an opportunity to flip a House seat and further chip away at Republicans’ already-slim majority in the lower chamber. Both parties have poured millions of dollars into the race so far, with the district being rated as a “tossup.”
The election features a showdown between former Rep. Tom Suozzi, who held the seat before launching an unsuccessful bid for governor in 2022, and Mazi Pilip, who is seen as a rising star in the Republican Party after she was elected to the Nassau County legislature in 2021 on a platform largely focused on battling antisemitism and supporting Israel.
The winner will carry out the rest of Santos’s term and be put in a better position to be reelected later in the year.
