Court rejects Elise Stefanik and RNC appeal of early vote-by-mail legislation that lawsuit called an ‘unconstitutional’ and a ‘blatant violation’ of the law

Rep. Elise Stefanik

Rep. Elise Stefanik (Photo by Joshua Roberts – Pool/Getty Images)

As the 2024 election nears ever closer, a New York appellate court on Thursday rejected an appeal brought by a group of Republicans, headlined by congressional Rep. Elise Stefanik, R-N.Y., in a lawsuit filed against Democratic Gov. Kathy Hochul over legislation known as the Early Mail Voter Act.

In the lawsuit filed last September, Stefanik, Rep. Nicole Malliotakis, R-N.Y., and other Republican congressional representatives, state assembly members, registered voters, and the Republican National Committee collectively argued that the law Hochul signed into law was unconstitutional under New York State’s Constitution, bringing to mind similar challenges that preceded the 2020 election.

The legislation, in summary, “Establishes early mail voting; authorizes registered voters to obtain early mail voting ballots through application to the board of elections; requires the state board of elections to establish and maintain an electronic early mail ballot application transmittal system through which voters may apply for an early mail ballot online.”

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