WASHINGTON, DC – A New York court heard arguments today on whether to grant a preliminary injunction to halt the implementation of the Early Mail Voter Act, New York’s activist law that attempts to circumvent the state’s constitutional limits on absentee voting. A RITE-backed coalition argued the state constitution does not grant the legislature authority to upend the location of voting.
“We believe the state has violated its constitution and ignored the unbroken historical requirement of constitutional amendments before new categories of voters can vote absentee, including by mail. Partisan, political agendas and aspirations are unacceptable reasons to circumvent the state constitution. If some New Yorkers want to change where they can cast their ballots, they should try to revive the constitutional amendment that voters overwhelmingly rejected less than two years ago.
– Derek Lyons, the President and CEO of RITE.
RITE has helped organize a coalition of voters, election officials, candidates, and national and New York-based political parties and committees to file a lawsuit challenging New York Democrats’ unconstitutional expansion of the state’s absentee voting law, which Governor Kathy Hochul signed into law in September. The coalition includes the Republican National Committee, the National Republican Congressional Committee, the NYGOP, and the New York Conservative Party.
New York’s constitution has long limited absentee voting to those individuals unable to vote in person due to travel or physical limitations. Less than two years ago, New Yorkers voted in a statewide constitutional referendum to keep it that way.
The Early Mail Voter Act discards that choice in favor of a no-excuse absentee balloting regime in defiance of the Constitution and the express will of the people.
The State, in a brief filed last week, is attempting to avoid an injunction by arguing that the legislature has the power to choose methods of voting under another section of the constitution. They are also arguing that the list of permissible instances to vote absentee in New York’s constitution is not exhaustive.
Read more about Stefanik v. Hochul at RITEUSA.org.
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