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The New York state Court of Appeals ruled on Tuesday that the state’s absentee ballot laws are unconstitutional, and allow voters to use COVID-19 as an excuse to vote by absentee ballot and allowing Election Boards to continue counting votes before Election Day.
Jerry Goldfeder, independent counsel at Stroock & Stroock & Lavan, director of Fordham Law School’s Election and Democracy Program and author of “Goldfeder’s Modern Election Law,” said Decoration tonight that “people should vote, if they haven’t already. If they have voted by absentee ballot, it will count.”
The law, which was implemented during the peak of the COVID-19 pandemic, was challenged by the state’s Republican and Conservative parties. Goldfeder said the court rejected the argument it had previously made, and that new legal challenges must be based on a different theory of law.
The case can still be challenged in the state’s highest court, the Court of Appeals, if they decide to hear it. According to Goldfeder, the Court of Appeals rarely takes such cases and is “confident” the high court will agree with the lower court’s decision.
Goldfeder says the Supreme Court has ruled that election laws should not be changed until close to the election.
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