New York Judge Rules Mail-In Voting Due to COVID Unconstitutional

A New York judge has ruled that voting by mail because of fear of spreading COVID is unconstitutional.

QUICK FACTS:
  • New York judge Diane Freestone has ruled that mail-in voting due to coronavirus-related measures is unconstitutional in the court of law.
  • The state’s legislature “appears poised to continue the expanded absentee voting provisions of New York State Election Law … in an Orwellian perpetual state of health emergency and cloaked in the veneer of ‘voter enfranchisement,'” Freestone stated in her ruling.
  • The ruling gave an order to local election boards to stop counting absentee ballots that have already been received and to “preserve” them until after Election Day, on Nov. 8.
  • “Let’s hope now that they preserve our ability to make sure that our elections are done with integrity and that voters are verified and that this system of absentee balloting – just like the voters said last November that they didn’t want no-excuse absentee voting, essentially mail-in voting – that it is held to a high standard, that way to ensure that each citizen gets one vote,” Republican State Rep. Robert Smullen and plaintiff in the lawsuit said.
REPUBLICAN REP. ROBERT SMULLEN ON BANNING MAIL-IN VOTING DUE TO “COVID”:

“Let’s hope now that they preserve our ability to make sure that our elections are done with integrity and that voters are verified,” Smullen said.

BACKGROUND:
  • The move comes after the 2020 election saw delays, litigation, and errors by election boards that faced an abundance of absentee ballots, resulting in long waits for election results in New York. 
  • Earlier this month, American Faith reported the Delaware Supreme Court’s ruling over a state law enacting universal mail-in voting violated the state’s constitution.
  • “The Vote-by-Mail Statute impermissibly expands the categories of absentee voters identified in Article V, Section 4A of the Delaware Constitution,” the court wrote at the time. “Therefore, the judgment of the Court of Chancery that the Vote-by-Mail Statute violates the Delaware Constitution should be affirmed.”
  • While absentee voting is constitutional in Delaware, anyone seeking such accommodation must be unable to reach their polling place, due to reasons such as illness or disability, per the Epoch Times.

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