NY Judge Rules “Fear of Covid” Not a Constitutional Reason for Absentee Ballots

Nick Langworthy, the New York Republican Chair, and candidate for Congress is one of a dozen plaintiffs who filed a lawsuit in Saratoga County Supreme Court against New York Governor Kathy Hochul, and the NY Board of Elections.

The lawsuit challenged the Constitutionality of two recently enacted laws. One that allows people to cast absentee ballots if they “fear contracting a disease like Covid-19”, and another that changed the process for canvassing absentee ballots.

The presiding judge, State Supreme Court Justice Dianne Freestone ruled in favor of the Republican plaintiffs on Friday on both challenges and ruled that the newly instituted laws violated the Constitution.

In her decision, the Judge noted that despite a general vote in 2021 that overwhelmingly rejected the option to allow absentee votes for any reason, the Legislature put forth the new laws.

In regard to the allowance of absentee voting due to “fear of Covid” (referred to in the lawsuit as Chapter 763), the Court found the process of enacting the law to be unconstitutional.

Justice Freestone made it very clear that the way the Legislature took control over a matter as sensitive as the absentee ballot was not what the Framers intended.

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

The Democratic party immediately vowed to appeal the ruling, as reported by The NY Post.

Related Bills

 AB-9960–Repeals certain provisions relating to absentee voting in primary elections for certain party positions.

AB-10541–Allows qualified voters who are primary caregivers of one or more individuals to vote by absentee ballot regardless of whether the individuals cared for are ill or physically disabled.

SB-9343–Repeals certain provisions relating to absentee voting in primary elections for certain party positions.

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