2024 NY Slip Op 04236

The New York Constitution does not explicitly require in-person voting, and the legislature has broad authority to regulate the manner of elections, including early voting by mail, provided secrecy in voting is preserved.

Summary

In Stefanik v. Hochul, the New York Court of Appeals addressed the constitutionality of the Early Mail Voter Act, which allows all registered voters to vote early by mail. The plaintiffs, a coalition of elected officials and voters, argued that the Act violated the New York Constitution, contending that it implicitly mandates in-person voting except for specific absentee ballot provisions. The Court of Appeals disagreed, affirming the lower court’s decision to uphold the Act. The Court found no explicit constitutional requirement for in-person voting, emphasizing the legislature’s broad power to regulate elections and the evolution of voting methods over time. The court’s ruling highlights the interplay between constitutional text, historical context, and legislative authority in defining voting rights.

Facts

The Early Mail Voter Act, enacted in 2023 and effective January 1, 2024, allows any registered voter in New York to apply to vote early by mail. The Act followed the failure of a proposed constitutional amendment that would have eliminated the requirement for voters to provide a reason for voting by absentee ballot. The plaintiffs argued that the Act contradicted Article II, Section 2 of the New York Constitution, which outlines provisions for absentee voting. The Supreme Court and the Appellate Division both dismissed the plaintiffs’ claims, leading to this appeal before the Court of Appeals.

Procedural History

The case began in September 2023 with the enactment of the Early Mail Voter Act. The plaintiffs initiated legal action, seeking a declaratory judgment that the Act was unconstitutional, along with an injunction. The Supreme Court of Albany County granted the defendants’ motions to dismiss the complaint, and the plaintiffs’ cross-motion for summary judgment was denied. The Appellate Division unanimously affirmed the lower court’s decision, and the plaintiffs appealed to the Court of Appeals as a matter of right.

Issue(s)

1. Whether the Early Mail Voter Act, which permits early voting by mail, violates Article II, Section 2 of the New York Constitution, thereby requiring in-person voting.
2. Whether the legislature exceeded its constitutional authority by enacting the Early Mail Voter Act.

Holding

1. No, because the Early Mail Voter Act does not violate Article II, Section 2 of the New York Constitution, and the Constitution does not explicitly require in-person voting.
2. No, because the legislature’s actions were within its constitutional power to regulate the manner of elections.

Court’s Reasoning

The Court of Appeals began by acknowledging the strong presumption of constitutionality afforded to legislative enactments. The Court determined that the legislature’s power to regulate elections was broad and limited only by the Federal and State Constitutions. The Court thoroughly analyzed the text and historical context of Article II, Section 2, which addresses absentee voting, finding that it does not expressly mandate in-person voting. The Court emphasized that the legislature has the authority to determine the method of voting, as per Article II, Section 7, which permits voting by ballot or by any other method as prescribed by law, provided secrecy is maintained. The Court considered the historical evolution of voting methods, noting the deletion of the Election District Provision in 1966, which had previously been interpreted as requiring in-person voting. The Court rejected arguments that the Constitution implicitly requires in-person voting, concluding that the legislature’s actions were constitutional. The Court’s rationale highlighted the importance of the textual analysis and legislative intent.

Practical Implications

This ruling provides significant clarity on the scope of the legislature’s power to regulate elections in New York. It confirms that the state constitution does not inherently require in-person voting, opening the door for various voting methods, including mail-in voting, to be implemented. Legal practitioners must be aware that challenges to election laws based on the lack of an explicit constitutional requirement for in-person voting are unlikely to succeed. This case has important implications for election law practice in New York and provides important precedent for future cases involving challenges to voting methods, emphasizing the legislature’s authority to adapt to evolving technologies and voter needs. The decision also illustrates how courts will balance legislative authority with the need to protect fundamental voting rights.