The New Absentee Canvassing Law Must Go
Joseph Burns, a partner at Holtzman Vogel, discusses New York's integrity of absentee ballots as it relates to election law. The author believes New York's new process for counting absentee votes "isn't just bad policy; it violates the state constitution as well."
September 16, 2024 at 02:52 PM
7 minute read
On Oct. 15, 2024, the New York State Court of Appeals will hear arguments in a case challenging the 2021 law that dramatically upended the process for canvassing absentee ballots. In a 3-2 decision, the Appellate Division, Third Department, held that the law in question did not violate the state constitution. The law at issue, however, undermines the state constitution's guarantee of bipartisan administration of New York State's elections; therefore, the Court of Appeals must reverse the decision of the Appellate Division and invalidate the 2021 absentee ballot canvassing law.
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