A legal watchdog group is challenging New York’s universal mail-in voting law, arguing it violates the state constitution. The Public Interest Legal Foundation, representing multiple Republican leaders, has filed a court brief in the New York Court of Appeals seeking to overturn the law. This law, passed by the state legislature and signed by Governor Kathy Hochul, allows every registered voter in the state to cast a ballot via mail-in ballot.
The foundation contends that the law was passed unconstitutionally, bypassing a 2021 referendum where New York residents overwhelmingly voted against universal mail-in ballots. They argue that the state legislature should have pursued a constitutional amendment to expand mail-in voting, rather than simply enacting the law.
J. Christian Adams, President of the Public Interest Legal Foundation, accused the New York Legislature of “unconstitutionally passing a law to allow every registered voter to cast a ballot in the mail.” He further stated, “The plain text of the New York Constitution prohibits the expansion of mail voting. If New York lawmakers want to expand mail voting, they need to pass a constitutional amendment.”
Democrats, who support the expanded mail-in voting, claim it makes the democratic process easier for voters. However, their critics argue that this change in protocol facilitates voter fraud.
This legal challenge isn’t the first time the Public Interest Legal Foundation has taken a stand against expanding absentee ballot eligibility. In 2022, they successfully challenged a similar law in Delaware, securing a victory in a state superior court. However, the New York Supreme Court subsequently reversed that decision, finding that the foundation lacked standing to sue.
The outcome of this legal challenge in New York will have significant implications for the future of mail-in voting in the state. It also highlights the ongoing debate surrounding the balance between voter convenience and election integrity.
