New York absentee ballot law taken to court

The state of New York is facing a legal battle over its universal mail-in voting law, which has sparked controversy and raised concerns about the constitutionality of the changes to election protocol. A legal watchdog group, the Public Interest Legal Foundation, has challenged the law in the New York Court of Appeals, arguing that the law, allowing all registered voters in the state to vote via mail-in ballot, is unconstitutional.

Leading the charge on behalf of multiple Republican leaders, including GOP Reps. Elise Stefanik and Claudia Tenney, the foundation is determined to overturn the law that was passed by the state legislature and signed by Gov. Kathy Hochul. The passage of this law came after New York residents voted against universal mail-in ballots through a 2021 referendum seeking a constitutional amendment.

Despite the referendum’s failure, Democratic lawmakers proceeded to push through the mail-in voting expansion, with Hochul signing it into law late last year. J. Christian Adams, the President of the Public Interest Legal Foundation, criticized the New York Legislature for unconstitutionally allowing every registered voter to cast a ballot by mail with this law.

Adams emphasized that the New York Constitution explicitly prohibits the expansion of mail voting without a constitutional amendment. He insisted that if lawmakers wish to expand mail voting, they must first pass such an amendment.

Supporters of the law argue that providing an expanded avenue for absentee voting makes the democratic process more accessible and convenient for voters. However, critics contend that this change in election protocol opens the door to increased voter fraud.

This legal challenge is not the first time the Public Interest Legal Foundation has taken action against the expansion of absentee ballot eligibility. The foundation previously led a legal challenge in Delaware in 2022 against a similar law, which initially saw success when a state superior court ruled against the proposed permanent absentee voting expansion.

However, the New York Supreme Court recently overturned this decision in a 5-0 ruling, stating that the Public Interest Legal Foundation did not have the standing to sue. This setback has only fueled the determination of the foundation to continue fighting against the expansion of absentee voting and uphold the integrity of the election process.