All New Yorkers will be allowed to vote by mail in upcoming elections. Here's what the court says.
NEW YORK – All New Yorkers will be allowed to vote by mail in the upcoming elections.
In a 6-1 ruling Tuesday, New York state's Court of Appeals upheld the voter expansion law approved by the Legislature in 2023 that allows any registered voter to cast a ballot by mail.
State Republicans, led by Congresswoman Elise Stefanik, had argued the law was unconstitutional. In 2021, voters rejected a similar proposed amendment to the state constitution.
Chief Judge Rowan Wilson said, however, there's no clear understanding that requires in-person voting, writing in part that the Republican's argument is "insufficient to overcome the strong presumption of constitutionality."
"Having the availability to vote by mail does help with turnout, and it just provides an additional avenue by which people can make their voices heard during the election," said Susan Lerner, executive director of the nonprofit Common Cause.
Democrats, Republicans split on mail-in ballots
In a statement, Gov. Kathy Hochul said:
"Generations of Americans fought to secure and protect the right to vote, and we have a responsibility to continue removing the barriers that persist today that prevent far too many people from exercising that right. Today's ruling is a significant victory for democracy and another loss for those who seek to disenfranchise New Yorkers and undermine access to the ballot."
State Attorney General Letitia James released the following statement:
"The right to vote is the cornerstone of our nation, and government should make it easier for citizens to have their voices heard, not harder. While some want to put up roadblocks and stifle New Yorkers' ability to exercise their Constitutional right to vote, I will always stand up and protect this basic, yet essential, freedom. Every election, at every level of government, is a beautiful celebration of patriotism and civic responsibility, and I encourage all New Yorkers to exercise their right to vote and to hold their public servants accountable. I will keep working to protect our state's laws, and will do everything within my power to push back against anti-voting rights efforts and instead empower New Yorkers' access the polls."
Stefanik said in a statement:
"New York's court system is so corrupt and disgraceful that today's ruling has essentially declared that for over 150 years, New York's elected officials, voters, and judges misunderstood their own state's Constitution, and that in-person voting was never required outside the current legal absentee process. The court disgracefully claims to know the constitutional framers' intent more than they did, disregarding the framers' understanding, prior constitutional amendments on this issue, and constitutional interpretation norms as 'not relevant.' It's never been clearer: the only path forward to Save New York is to get commonsense New Yorkers to swamp the ballot box and vote Republican up and down the ballot and rid ourselves of New York's politically corrupt Democrats."
"You lose the notion that we all vote on the same day and with the same information or misinformation," said former Republican congressman John Faso. "It shows a degree of hostility to the voters both on the part of the Democrats and the Legislature who did this and Governor Hochul, who signed it."
How to vote by mail in New York
New Yorkers can apply for an early mail ballot online on the state Board of Elections website or request one in person at their local county Board of Elections.
Early mail ballots for the November General Election must be postmarked no later than Nov. 5 and received by the county Board of Elections no later than Nov. 12.
Voters can also drop off an early mail ballot in person at their county Board of Elections or a poll site no later than 9 p.m. on Nov. 5, or bring the ballot to an early voting poll site between Oct. 26 and Nov. 3.
For more information on voting by mail, visit vote.nyc/RequestBallot.
