State judge upholds early mail voting law, rejects Republican challenge

ALBANY — A judge upheld New York’s law to allow early voting by mail, rejecting a challenge by the state Republican Party and a number of elected Republican officials.

Justice Christina Ryba, of the state Supreme Court in Albany County, ruled the Early Mail Voter Act, which permits all qualified voters to vote early by mail rather than in person, is constitutional.

Ryba rejected Republicans’ argument that the New York Constitution strictly requires voting in person unless a person is sick or out of town on Election Day. She also said the Constitution gives the State Legislature and governor “broad power to establish laws governing the manner and method of voting,” including “authority to permit mail as a method of early voting.”

“Contrary to plaintiffs’ contention, there is no express language in Article II that requires all individuals to vote in person at their designated polling place on the day of an election,” Ryba wrote in an 11-page decision. “Nor does that provision contain any express language prohibiting the Legislature from enacting laws that permit all eligible voters to vote by mail.”

She added: “The mere fact that the framers specifically authorized the Legislature to establish a different voting method for a specific category of voters (absentee) does not necessarily signify their intent to restrict the Legislature’s power to establish alternate voting methods for other voters.”

Republicans vowed to appeal Ryba’s decision to the Appellate Division of State Supreme Court, New York’s midlevel court.

The Early Mail Voter Act was signed into law by Gov. Kathy Hochul in September. It included provisions Democratic leaders said would make voting easier and improve New York’s traditionally low turnout.

Among the changes, the bill altered the law to allow mail-in voting without an excuse during the early voting period before election days to any registered voter who requests one. Traditional absentee ballots still can be cast beyond the early voting period.

Mail-in voting in addition to absentee voting was temporarily allowed by Gov. Andrew M. Cuomo’s executive order during the COVID-19 pandemic to reduce lines and crowds at polling places and provide voters an option to avoid contracting or spreading the virus.

Democrats introduced the bill expanding mail-in voting after New Yorkers in 2021 defeated a related proposed constitutional amendment on absentee voting.

Republican Party state chairman Ed Cox said the 2023 law essentially was an end-run on the 2021 referendum, that “the mail-in early vote ballots are identical in every respect to an absentee ballot” and that only a constitutional amendment can greenlight mail-in voting.

“We strongly disagree with [Ryba’s] decision and believe our position will be upheld on appeal,” Cox said in a statement.

Hochul applauded the decision, saying: “Today’s ruling reaffirms the constitutionality of New York’s early vote by mail legislation, a critical initiative that will improve citizen participation and expand access to the ballot box for all eligible voters. Despite the best efforts of its opponents, democracy has once again prevailed in New York.”

By Yancey Roy

yancey.roy@newsday.com@yanceyroy