December 10, 2022

NEW YORK Judge Declares ‘Vote By Mail’ Law Unconstitutional

“The framers of the Constitution did not intend to give (and did not grant) the Legislature carte blanche to enact legislation over absentee voting. “

The way New York counts ballots  was thrown into chaos  on Friday after a judge ruled that several of the state’s recent voting reforms are  unconstitutional.

State Supreme Court Justice Dianne Freestone sided with Republicans in a  lawsuit   brought in late September, which usually argued against a legislation which allows people  to vote absentee if they fear contracting a disease like Covid-19. Freestone also ruled that the brand new process for “ canvassing, ” or ensuring that absentee ballots are inspected and prepared for counting –   violates candidates’ rights  in several ways, including by causing it more difficult to raise a legal challenge when there are queries over a ballot’s validity.

“ The framers of the Constitution did not intend to grant (and did not grant) the Legislature carte blanche to enact legislation over absentee voting, ” she wrote.

That said,   Friday’s  28-page ruling   fell just short of invalidating thousands of absentee ballots  currently issued to New York voters, which the Republicans asked the particular judge to do.

For now,   the particular ruling means local selection officials will have to soon stop the inspection of absentee ballots, which were being processed on a rolling basis prior to Election Day for the first time this year. The Democrat-led state Legislature approved the new process within a 2021 law meant to speed up the state’s notoriously slow procedures for counting mail-in ballots.

It also means the more than 427, 000 New York voters — including more than 187, 000 in New York City — who have already requested and received their own absentee ballots will still be in a position to cast their ballots for the Nov. 8 election, regardless of whether they elected to receive mail-in ballots due to fears of spreading illness. Currently, 108, 000 New Yorkers possess completed and returned their own absentee ballots. -Gothamist

Democratic official  immediately responded with a notice that they would appeal the decision.

According to Freestone, the Democrat-controlled Legislature “ appears poised to continue the extended absentee voting provisions of New York State Election Legislation … in an Orwellian perpetual state of health emergency and cloaked in the veneer of ‘ voter enfranchisement. ‘”

The ruling was a blow to the State Board of Polls, with Freestone arguing that there are “ uncounted reasons for this Court to second-guess the particular wisdom of the Legislature. ”

The decision can hurt Gov. Kathy Huchul (D)  who has been dropping ground to GOP opposition Lee Zeldin in current polls.

“ The (state) constitution has been on our side and we will continue to combat to uphold the will certainly of the voters and to make sure honest elections in Ny, ” said plaintiff Chip Langworthy, the state GOP Leader.

“ Exactly like their illegal Hochulmander plus their non-citizen voting plan, Democrats’ attempt to rig the elections was slapped down by the courts, ” he continued, adding “ While i took over as chairman of the Ny GOP, I promised in order to usher in a new, battling era that took on Democrats’ brazen lawlessness and this victory is another win for election integrity. ”

Another individual, Conservative Party Chairman Gerald Kassar, said, “ This decision helps uphold the particular integrity of the electoral process, a significant victory for New York voters and the rule of law. ”

“ Absentee-ballot voters have had the proper to amend their votes on Election Day for many years, and  cynical attempts simply by Gov. Hochul and the Liberal Party to strip them of these rights were wrong, ” he added.

Last year, state voters rejected a proposed constitutional change that would have allowed no-excuse absentee voting in Nyc.

But lawmakers subsequently enacted a calculate that allowed people to vote by mail if they terrifying catching COVID-19 by voting in person. That expansion of absentee voting is set in order to expire at the end of this year. -NY Post

On Friday, a BOE spokesperson said “ Our office is still reviewing the particular ruling and its impact on the particular upcoming election. ”

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