Republicans Appeal After New York Appellate Court Upholds Absentee Ballot Law
A New York appellate court upheld part of a state law aimed at streamlining the process of counting absentee ballots, reversing a lower court ruling that struck down part of the legislation.
In its decision Friday, the court sided with the state and upheld the law in full, including a previously struck-down provision about how canvassers examine ballots. The provision stipulates that if a board of canvassers is split on whether a ballot is valid, “it shall prepare such ballot to be cast and canvassed.”
The court ruled that the provision aimed at preventing judicial challenges to timely received ballots isn’t unconstitutional.
“In our view,” the opinion said, “the legislative decision to preclude judicial challenges to timely-received, sealed ballots duly issued to qualified, registered voters found to be authentic by at least one election official … does not unconstitutionally intrude upon the judiciary’s powers.”
https://www.democracydocket.com/news-alerts/new-york-appellate-court-upholds-absentee-ballot-law-restores-blocked-provision/