New York’s Highest Court Upholds Law Regarding Controversial Mail-In Ballots
The court ruled that the provision meets the constitutional requirement of ensuring equal representation of Republicans and Democrats on the election board.
A New York law that mandates the counting of mail-in ballots, even if their validity is doubtful, has been deemed constitutional by the state’s highest court on October 31.
“We hold that the statute does not violate the constitutional principles of separation of powers or of judicial review,” the State of New York Court of Appeals stated unanimously. “Ultimately, plaintiffs’ reading is inconsistent with the constitutional framework.”
New York law requires boards to scrutinize mail-in ballot signatures and other information to ascertain each ballot’s validity. Enacted in 2021, the new law dictates that after comparing the ballot signature with the voter’s signature on file, the ballot must be counted unless all officials collectively agree that the signatures don’t match. Previously, such ballots would be set aside and not counted unless a successful objection was raised by either party.
The New York State Republican Party and other plaintiffs sued, alleging various parts of the law were unconstitutional. The New York Constitution mandates equal representation of the two political parties on the boards. Following a dispute narrowed down to the provision, the Republicans argued that the signature provision enables a representative of one party to effectively validate an otherwise invalid ballot.
A New York Supreme Court judge found the provision to be unconstitutional, but a state appeals court overturned this ruling in August, leading to an appeal to New York’s highest court.
The court of appeals proclaimed that the provision satisfies the constitutional requirement of ensuring equal representation of Republicans and Democrats on the election boards.
“Critically, the authority that Election Law § 9-209 vests in a two-member Board is equally distributed to each member: during the Board’s initial review for defects, either member can declare a ballot invalid, and during the subsequent review, either member can declare a ballot valid,” stated the per curiam opinion. “Thus, no single Board member has any more authority than any other member over the canvassing process, and neither party carries more sway over the process than the other.”
Republicans voiced concerns about potential fraud due to the setup allowing a single board member to validate ballots. However, the court highlighted that the ballot counting scheme in the law includes safeguards that courts can use to address and prevent electoral fraud as needed. The judges also noted that plaintiffs have the opportunity to review publicly available lists of registered voters and challenge registrations.
A lawyer representing the Republicans did not respond to a request for comment.
“Today’s Court of Appeals decision marks another decisive win for New York voters,” stated state Senate Deputy Leader Michael Gianaris, a Democrat, in a message to news outlets. “I remain committed to ensuring all eligible voters can be confident their vote will be counted. As Election Day approaches, we can now put behind us the latest Republican attempt to infringe on these inalienable rights and focus on helping New Yorkers.”
