Court upholds NY law allowing voters to use mail-in ballots. How do you get one?

A state judge on Monday upheld a new law giving New Yorkers the option to vote by mail instead of in person, dismissing a Republican lawsuit that claimed it violated the state constitution.

The ruling by Supreme Court Justice Christina Ryba in Albany was a victory for Democratic lawmakers, who passed the mail-in voting bill over Republican opposition last June. They argued it strengthens democracy by giving busy voters another way to cast ballots and increasing their participation in elections as a result.

"Anti-democracy champions suffer a defeat in court," state Sen. Mike Gianaris, a Queens Democrat who proposed the legislation and serves as Senate deputy majority leader, said in a post on X. "Proud to have authored our law allowing early voting by mail."

New York became the 36th state in the U.S. to allow or require voters to mail their ballots. The law effectively made permanent a voting option New York offered for three years during the pandemic, when any voter could request absentee ballots without the usual restrictions on who could obtain one.

All voters can now apply for mail-in ballots up to 10 days before an election, the same day that nine days of in-person early voting begin.

The law took effect on Jan. 1, making mailed ballots available for the early voting now taking place before a Feb. 13 special election for Congress in parts of Long Island and Queens. The seat was vacated by George Santos, the Republican freshman and serial fabricator who faces federal charges related to campaign finances and was expelled from the House on Dec. 1.

Mail-in ballots will be available for all subsequent elections, starting with the April 2 presidential primary and then the May 21 votes for budgets and board seats in public school districts across New York.

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Why did Republicans oppose the law?

A GOP group led by New York Rep. Elise Stefanik filed the court challenge in September on the same day that Gov. Kathy Hochul signed the bill. The case argued that the state constitution requires New Yorkers to vote in person unless they qualify for an absentee ballot, which is only for those away from their home county on election day or hindered by illness or physical disability.

Stefanik, chairwoman of the House Republican conference, vowed to appeal Monday's ruling and prevail in a higher court. She and fellow Republicans argued last year's law was an attempt to circumvent the restriction on absentee ballots after state voters rejected "no-excuse" absentee voting in 2021.

"New York’s State Constitution is incredibly clear and requires a constitutional amendment to expand absentee voting," Stefanik said in a statement.

Republicans also argued mail-in ballots would facilitate fraudulent voting. Democrats countered that there was no evidence of increased fraud in the many states with mail voting.

What did the judge say?

Ryba denied New York's constitution mandates in-person voting or prevents the legislature from allowing mail-in ballots. She said it simply allowed special accommodations for those who can't make it to the polls.

She wrote in her ruling: "The mere fact that the framers specifically authorized the Legislature to establish a different voting method for a specific category of voters does not necessarily signify their intent to restrict the Legislature's power to establish alternative voting methods for other voters."

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Gov. Kathy Hochul cheered that conclusion in a statement on Monday.

"Despite the best efforts of its opponents," she said, "democracy has once again prevailed in New York."

How do you get mail ballots?

Registered voters can apply online for mail-in ballots through the state Board of Elections website, at https://elections.ny.gov/request-ballot, or in person and their county board of elections office.

Ballots that are completed and returned by mail must be postmarked no later than election day to be counted. Ballots also can be submitted in person to a county board of elections by election day.

Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at cmckenna@gannett.com.

This article originally appeared on Rockland/Westchester Journal News: NY mail-in ballot law prevails after GOP lawsuit. How to get a ballot