State Republicans are appealing a judge’s ruling allowing New York’s new early mail-in voting law to take effect ahead of a special election to fill the vacant Long Island House seat created by the expulsion of disgraced Rep. George Santos (R-NY).
Albany County Supreme Court Justice Christina Ryba denied the GOP request to temporarily halt the new early mail-in ballot system Tuesday. Lawyers for the Republican plaintiffs almost immediately asked an appellate panel to reconsider.
“The Court did not consider the merits of the case and had to be forced to issue an opinion after we asked the Appellate Division to force Justice Ryba to issue an opinion,” New York Republican Chairman Ed Cox told The Post.
“Our request for an injunction to halt implementation of the law was argued on Oct. 13 and she only issued her opinion at 11 p.m. on Dec. 26. Judges who decide cases based on politics and not the law are a disgrace to our State.”
The lawsuit is expected to crawl through the courts over the next few months, but Republicans want an injunction to prevent election boards from issuing no-excuse mail ballots in the meantime – including in the blockbuster special election to replace Santos in Queens and Nassau counties.
Democratic Gov. Kathy Hochul signed the Early Mail Voter Act into law this past September. The legislation permits New York voters to request a mail-in ballot up to 10 days before an election, regardless of whether they have a reason not to vote in-person.
“New York State remains committed to strengthening our democratic process, championing the right to vote for every citizen and cementing our place as a national leader on voting rights,” Hochul wrote in a statement after signing the legislation.
Republicans allege the law violates the state constitution, which states that New Yorkers can only vote by mail if they’re outside their home county on polling day or have a disability or illness.
“We are confident that when impartial judges hear our appeal they will agree with our position,” Cox said Thursday.
The no-excuse early vote-by-mail provision, enacted as part of a package of other election laws pushed by Democrats this year, had been put before voters in a referendum on a proposed constitutional amendment in 2021. That proposal failed by approximately 10 percentage points.
The Republican plaintiffs are led by House Republican Conference Chair Rep. Elise Stefanik (R-NY) and a number of other GOP members of Congress and the state legislature.
Democrats are trying to chip away at Republicans’ razor thin 221-213 majority in the House. Former Congressman Tom Suozzi is running to rep his old district after stepping down to try an unsuccessful run for governor last year.
On the Republican side, Nassau County legislator and former Israel Defense Forces paratrooper Mazi Pilip has been picked to stand in the Feb. 13 special election.