New York’s Highest Court heard Arguments Tuesday, in a Republican Challenge of a Law that allows any Registered Voter to cast a Mail-in-Ballot during the early Voting period.
The Case, led by Rep. Elise Stefanik (R-21st District) and includes other Lawmakers and the Republican National Committee (RNC), is part of a widespread GOP effort to tighten Voting Rules after the 2020 Election.
Democrats Approved No-Excuse Mail Voting Law last year. The Republican Challenge argues that it Violates Voting Pprovisions in the State Constitution.
The hourlong Arguments before the New York Court of Appeals in Albany, hinged on Technical readings of the Constitution, specifically whether certain Passages would allow for the State Legislature to expand Mail-Voting access.
At certain points in the Hearing, Judges quizzed Attorneys on whether a Constitutional Provision that says Eligible Voters are entitled to Vote “at every election” would mean a Physical Polling Place or simply the Election in general.
Michael Y. Hawrylchak, an Attorney representing the Republicans, said that Provision “presupposes a physical place” for In-Person Voting.
Deputy Solicitor General Jeffrey W. Lang, who is representing the State, said the Phrase “just refers to a process of selecting an office holder” and Not any Physical Polling Place.
Democrats first tried to expand Mail Voting through a Constitutional Amendment in 2021, but Voters Rejected the Proposal, after a Campaign from Conservatives said it would lead to Voter Fraud.
Lower Courts have Dismissed the Republican Lawsuit, in Decisions that said the Legislature has the Constitutional Authority to make Rules on Voting, and the Constitution doesn't require Voting specifically to occur In-Person on Election Day.
It is unclear when the Court of Appeals will Rule.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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