New York 2023 Absentee Voting Law A.B. 7931 Challenge
Amedure v. State of New York
Lawsuit filed by the New York Republican Party and other conservative plaintiffs including the chairman of the state Republican Party, the New York State Conservative Party, the chairman of the state Conservative Party, the chairman of the Saratoga County Republican Party, county elections commissioners and other state and county Republicans challenging an absentee voting law, Assembly Bill 7931. A.B. 7931 allows for the review of absentee ballots on a rolling basis, requires voters who request an absentee ballot but decide to vote in-person to vote using a provisional ballot and prevents legal challenges to already cast absentee ballots.
The plaintiffs argue that the law’s changes to absentee voting procedures violate the state constitution for nine reasons. The plaintiffs argue that the law limits a voter’s ability to change their mind if a voter requests an absentee ballot and then decides to vote in person. The plaintiffs also allege that the new law violates voters’ right to a secret ballot, impairs poll watchers’ ability to challenge ballots and prevents election workers from following state law. They ask the court to block its enforcement for the 2024 elections.
On Dec. 20, the court dismissed the claims against the New York governor.
On May 8, 2024, the court largely upheld the law with the exception of one provision pertaining to how canvassers examine absentee ballots, which was struck down.
On May 10, the state of New York and Democratic intervenors appealed the decision striking down part of the law. On June 4, the New York Senate also appealed. Oral argument was held on Aug. 15.
On Aug. 23, 2024, the New York Appellate Decision reversed the trial court decision, upholding the provision.
On Aug. 27, 2024, the Republican plaintiffs appealed this case to the New York Court of Appeals. Litigation is ongoing.
RESULT: On Oct. 31, 2024, the New York Court of Appeals upheld the entire law including the provision. The new absentee ballot laws will remain in place.
Case Documents (TRIAL COurt)
Case Documents (INTERMEDIATE appellate court)
Case Documents (Court of Appeals)
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