Lawsuit claims Democrats’ absentee voting law violates NY Constitution.
New Lawsuit Challenges New York’s No-Excuse Absentee Voting Law
Republican Groups and Politicians Allege Violation of State Constitution
A coalition of Republican groups and politicians has filed a lawsuit against New York’s new no-excuse absentee voting law, claiming it violates the state constitution. The lawsuit, brought by the Republican National Committee and other affiliated groups, argues that the law allowing any registered voter to cast an early ballot by mail goes against the provisions outlined in the New York Constitution.
Under the state’s constitution, absentee voting is strictly reserved for qualified voters who are absent from their county of residence or unable to appear at the polling place due to illness or physical disability. The lawsuit alleges that the new voting law disregards these provisions by allowing qualified voters to vote by mail without meeting these limited exceptions.
The plaintiffs in the lawsuit, including Republican Reps. Elise Stefanik and Claudia Tenney, argue that the mail-voting law was enacted in defiance of the will of the people and seek a declaratory judgment and permanent injunction against its implementation.
The lawsuit highlights that just two years ago, New York voters rejected a constitutional amendment proposal that would have allowed for no-excuse absentee voting. The sponsors of the proposal acknowledged at the time that the state’s constitution only permits absentee voting for those who are sick or absent on Election Day. The plaintiffs claim that by passing the new mail-in voting law, the New York General Assembly is attempting to circumvent the will of the voters.
“The people of New York and their constitution must be the ultimate authority in determining how their state is governed,” said RITE President Derek Lyons in a statement. “Attempts like this to subvert the will of the people undermine the very foundations of our democratic system.”
The RNC and other plaintiffs are seeking a declaratory judgment from the court, declaring the new mail-in voting law a violation of the state constitution, and a permanent injunction to prevent its implementation.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
What are the potential implications of the outcome of this lawsuit on voting rights in New York and other states
And Lee Zeldin, argue that the no-excuse absentee voting law passed by the New York legislature in January is an overreach of the state’s authority and violates the separation of powers outlined in the state constitution. They contend that only the state legislature has the authority to change the voting laws and argue that the new law was passed without a constitutional amendment, thereby violating the state constitution.
Furthermore, the lawsuit argues that the no-excuse absentee voting law poses a significant risk of voter fraud. It claims that allowing all registered voters to vote by mail without providing a valid excuse increases the potential for fraudulent activities, such as voting multiple times or impersonating other voters. The plaintiffs argue that these risks are not adequately addressed in the new law and that it is necessary to uphold the integrity of the voting process by restricting absentee voting to those who meet the constitutionally defined criteria.
The lawsuit seeks to have the no-excuse absentee voting law declared unconstitutional and prevent its implementation in future elections. The plaintiffs argue that the New York constitution establishes clear criteria for absentee voting and that the new law undermines those provisions. They claim that the changes to the voting process should be made through the proper amendment process and not through legislation passed by the legislature.
Supporters of the no-excuse absentee voting law, including Democratic officials and voting rights advocates, argue that it is a necessary reform to expand access to the voting process. They contend that the current restrictions on absentee voting disenfranchise many eligible voters, particularly those who have difficulty reaching the polling place due to age, disability, or illness. They argue that the no-excuse absentee voting law aligns with the principles of democracy and increases participation in the electoral process.
The outcome of this lawsuit will have significant implications for the future of voting rights in New York and potentially in other states grappling with similar voting reforms. It will test the boundaries of state authority in establishing voting laws and the extent to which no-excuse absentee voting can be implemented without violating constitutional provisions. Both sides are expected to present their arguments in the coming months, and the eventual ruling will shape the way elections are conducted in the state for years to come.
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