New York’s highest court heard arguments Tuesday in a Republican challenge to a law allowing any registered voter to cast a mail-in ballot during the early voting period. Led by Rep. Elise Stefanik and other lawmakers, the case is part of a broader GOP effort to tighten voting rules after the 2020 election.
The challenge asserts that the mail voting expansion law, approved by Democrats last year, violates provisions in the state Constitution. Arguments before the New York Court of Appeals focused on whether the Constitution allows the Legislature to expand mail voting access.
Judges questioned whether a constitutional provision entitling eligible voters to vote “at every election” implies a physical polling place or just the election process itself. Lower courts previously dismissed the lawsuit, stating the Legislature has the authority to make voting rules and the Constitution does not mandate in-person voting on election day. A ruling from the Court of Appeals is pending.
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