what to know
- The decision of the Appeals Division of the State Supreme Court overturns a lower court ruling that New York’s early review of absentee votes was unconstitutional.
- Election day is November 8th.
- So far, about 552,000 absentee ballots have been sent with over 188,000 returned, according to the State Election Commission.
NEW YORK – A New York appeals court on Tuesday upheld a new state law that allows absentee votes to be reviewed before election day, saying it would be “extremely disruptive” to change the rules with absentee voting already underway. .
The decision of the Appeals Division of the State Supreme Court overturns a lower court ruling that New York’s early review of absentee votes was unconstitutional. The appeals court said Republican and Conservative party officials who challenged the law waited too long.
The court also upheld a pandemic-era law that allows voters concerned about getting sick to vote for absentee.
“In our view, providing relief to petitioners during the ongoing elections would be extremely disruptive, deeply destabilizing and damaging to state and local candidates, voters and election commissions,” said a court decision, which it had heard arguments about in the case. the previous Tuesday.
Election day is November 8th.
So far, about 552,000 absentee ballots have been sent with over 188,000 returned, according to the State Election Commission.
Changing the absentee voting rules now would mean voters would be treated differently during this election depending on when they returned their ballots, the court said.
“We should take every possible step to empower voters and make it easier for New Yorkers to go to the polls,” State Attorney General Letitia James said in a prepared statement. “I was proud to support New York’s absentee voting reforms and I am delighted with the decision to support these common sense electoral integrity initiatives.”
It was unclear whether the plaintiffs would try to appeal to the state supreme court.
An email asking for comment on the decision was sent to a spokesman for the Republican state.
To reduce delays of weeks in official results, the processing of absentee ballots as soon as they arrive, rather than waiting until election night, has been adopted.
But last month the drafting of absenteeism votes was left in limbo following the ruling of Saratoga County Judge Diane Freestone. He said the law conflicts with an individual’s constitutional right to contest ballots in court before they are counted.
The middle-tier appeals court temporarily suspended Freestone’s order to stop the count after the Democrats who control the state government filed an appeal. Absentee ballots are currently being processed statewide, after some reluctance on the part of Republican election officials.
In discussions Tuesday, the Republican plaintiffs’ attorneys told the five-judge jury that Freestone’s ruling was correct and that the new law eliminates a crucial part of judicial scrutiny.
“We have a statute that is convenient. Sacrifice accuracy; sacrifices the truth, “lawyer John Ciampoli told the judges.
The early revision challenge was met at the end of September, about nine months after the law went into effect. The judges asked the plaintiffs’ lawyers why they waited until the November 8 election approached to challenge him.
“Where have you been?” Judge John Egan asked Ciampoli. “Here we are, one week before the elections. There are many absentee votes that have already been cast ”.
State prosecutors and their allies opposed the rule change after the start of the absentee vote.
“The New York Constitution protects the right to vote, not the right of private parties to contest the qualified votes of others,” said Aria Branch, who represents the Democratic Congressional Campaign Committee and other parties.
Sarah Rosenbluth of the state attorney general’s office said the stock should have been bought much earlier and now the lower court ruling has thrown the scrutiny process into chaos.
