Late last month, New York’s highest court issued a ruling that should make voting easier.  In a 6-1 decision, the state’s Court of Appeals ruled that a new law allowing New York voters to obtain a mail-in ballot (as long as that ballot is cast during the early voting period) was constitutional.  The decision essentially allows mail-in voting for anyone wishing to vote in the upcoming November election – as long as the ballot is submitted during the early voting period.  This year’s early voting period runs from Saturday, October 26^th through Sunday, November 3^rd.

The law was enacted last year and went into effect at the start of this year.  There’s only been two elections since then: the primary elections for president in March and all other offices in June.  Local boards of elections haven’t reported any major disruptions caused by the new law.

The new law changed the way absentee ballots have been used in New York.  Previously, the belief was that the state Constitution required that voters who wished to vote by mail could do so only if they were ill, traveling, or in military service.  Supporters of the mail-in legislation pointed out that the state Constitution’s absentee ballot rule only applied to the General Election, not the early voting period.  The court agreed.

As a result, anyone can now vote by mail — but only during early voting periods, not on Election Day itself.  

Making it easier for voters to cast their ballots fits within the state Constitution’s provision that says that New Yorkers have a right to vote.  

The Constitution clearly grants the power to implement that right to state lawmakers, but it is a “right,” not a privilege.  And policymakers must, from time to time, ensure that obstacles to the exercise of that right are as few as possible to guarantee that right is realized and isn’t being infringed upon by outdated laws and/or the failure to implement technologies that could better enfranchise voters.

This legislation builds on the successes of absentee mail in voting that had been allowed during the pandemic.  Establishing a system that allows easy access to mail in voting builds on successes in other states.  In an age where some states such as Oregon successfully moved to conducting entire elections via mail, it’s time to rethink the state’s policies with an eye towards expanding absentee voter opportunities as a method of increasing voter participation.  Oregon’s 25 years of  experience shows that widespread use of mailed-in ballots has not resulted in fraud, but has increased overall turnout to among the highest in the nation.  

Clearly, allowing voters an easy opportunity to vote through the mail is an important way to make civic participation easier in the modern age.  

With the election less than two months away, New Yorkers should know of this new option.  According to the state Board of Elections, requests to receive an early mail ballot must be received by the board of elections in your county no later than ten days before the election.  Early mail ballot materials will be sent to voters who have requested a mail-in early voting ballot beginning 46 days before the relevant elections in which you are eligible to vote.

According to the state Board of Elections, a voter may return the ballot in any of the following ways:

For the November General Election:

• Put it in the mail ensuring it receives a postmark no later than November 5^th and it must be received by the County Board of Elections no later than November 12^th. 
• Bringing it to your County Board of Elections Office no later than November 5^th by 9 p.m.
• Bringing it to an early voting poll site in your county between October 26^th and November 3^rd.
• Bringing it to a poll site in your county on November 5^th by 9 p.m.

Here in New York, voting is a right, not a privilege.  This new law will not only add another convenience to voters who wish to exercise that right but will also protect individuals who continue to be concerned about the various respiratory illnesses that tend to circulate in the fall.  

Lawmakers worked hard to add this new voting option.  Regardless of whether you vote early or on Election Day, in person, by mail, or drop off ballot, let’s all make sure our voices are heard by voting in the upcoming election.