State of New York

New York Early Mail Voter Act Challenge

Stefanik v. Hochul

Lawsuit filed on behalf of the Republican National Committee (RNC), National Republican Congressional Committee (NRCC), New York Republican State Committee, Conservative Party of New York and other Republicans challenging the New York Early Mail Voter Act, the state’s new mail-in voting law. The law permits voters to vote by mail during the early voting period. Prior to the law’s passage, voters could only vote absentee if they were going to be absent from the county or New York City or if the voter could not vote in person due to an illness or a physical disability.  The plaintiffs argue that the new mail-in voting law violates the New York Constitution because the state constitution enumerates two classes of voters who can vote using absentee ballots and now the new law applies to voters outside of those two groups. 

The plaintiffs request that the court declare the law in violation of the state constitution and block its enforcement and implementation. 

On Dec. 26, the court denied the plaintiffs’ request for temporary relief. On Dec. 27, the plaintiffs’ appealed this decision. On Feb. 5, the court dismissed the Republican plaintiffs’ lawsuit. On Feb. 6, the plaintiffs appealed the trial court’s dismissal. The plaintiffs’ asked the appeals court to temporarily block the law, but the court declined.

On May 9, 2024, the state appellate court dismissed the case.

STATUS: On May 13, the plaintiffs appealed to the New York Court of Appeals. Litigation is ongoing. Oral argument is scheduled for July 30.

Case Documents (Trial court)

Case Documents (APPELLATE Court)

Case Documents (New York Court of Appeals)

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