A state Supreme Court justice issued a split ruling Friday that found New York’s absentee ballot laws are partially unconstitutional, a decision that will hurl an element of disorder into the midterm election in which mail-in voting is already underway.
State Supreme Court Justice Dianne L. Freestone’s decision stopped short of overturning a change in Election Law that allows someone to vote by absentee ballot if they fear contracting COVID-19, a measure that she highly criticized but said could not be undone at this time.
Her ruling on the lawsuit filed by Republican and Conservative party leaders was immediately challenged by Democratic officials who filed a notice of appeal on Friday evening. The case, which may be resolved by the state Court of Appeals, is expected to move quickly as Election Day is less than three weeks away.
You can find the trial court’s opinion at this link.