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Friday, September 20, 2024

New York Court affirms constitutionality of early mail voter act

State AG
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Attorney General Letitia James | Official website

New York Attorney General Letitia James released a statement today following the New York State Court of Appeals' affirmation of the constitutionality of the New York Early Mail Voter Act. The Office of the Attorney General (OAG) defended this legislation against a lawsuit challenging the legislature’s authority to enact mail-in voting.

“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," said Attorney General James. "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 [to] the polls.”

In 2023, the state legislature passed the New York Early Mail Voter Act allowing all authorized registered voters to apply for mail-in voting in any eligible election. Since its enactment, eligible voters have been able to request mail-in ballots in various elections including presidential primaries and special elections. Opponents filed a lawsuit that sought to overturn this reform but were unsuccessful at both trial court level and appellate division before being rejected by the Court of Appeals.

Attorney General James has consistently advocated for voting rights both within New York state and nationally. In April 2024, she secured up to $1.25 million from two individuals who intimidated Black voters with robocalls. She regularly issues alerts before general and primary elections informing New Yorkers about their voting rights and encourages them to contact OAG’s Election Protection Hotline for assistance.

In November 2022, she supported an Appellate Division decision upholding absentee ballot reforms in New York. In August 2021, she co-led a coalition opposing Georgia's law that would restrict voting access for millions of Georgians, particularly Black voters. Additionally, in May 2021 she filed a lawsuit against Rensselaer County Board of Elections (BOE) for inadequate early voting poll sites which led BOE being ordered in August 2021 to select new sites.

Before the 2020 primary elections during COVID-19 pandemic conditions, Attorney General James called for automatic absentee voting.

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