ALBANY, NY — On Tuesday, the New York Court of Appeals upheld the New York Early Mail Voter Act (2023-S7394A) with a 6-1 vote, rejecting a lawsuit that claimed the legislation was unconstitutional. The legislation, sponsored by Sen. Mike Gianaris and Assembly Member Karines Reyes, and signed into law on September 20, 2023, allows New Yorkers to vote by mail without needing an excuse. No-excuse vote-by-mail was temporarily available to New Yorkers during the pandemic, but that option expired. The Institute for Responsive Government led the outside advocacy effort, working closely with bill sponsors to draft the measure and defend it from attack.

“Some 35 states already offer no-excuse vote by mail options, and now thanks to today’s ruling from the New York Court of Appeals, New York will remain among them,” said Sam Oliker-Friedland, executive director of the Institute for Responsive Government. “No-excuse vote-by-mail is a smart, cost-effective, policy that increases eligible voter participation, giving workers with unconventional work schedules, voters with disabilities, the elderly, and many other voters the chance to make their voices heard. It also eases the burden on election officials on Election Day. With this green light from the state’s highest court, millions of New York voters, as well as New York election officials, can rely on the secure and accessible early mail voting process this November.”

“It’s our job as legislators to pass legislation to modernize our elections processes and ensure that eligible voters in our state are afforded every opportunity to cast a ballot by expanding access to the ballot box. And that’s what we did with no-excuse vote-by-mail – a tried and true, secure method of voting,” said bill sponsor Senator Mike Gianaris. “I’m thrilled with the NYS Court of Appeals decision to uphold the New York Early Mail Voter Act. Today not only marks a considerable win for New Yorkers across the state, but also for the future of our democracy.”

“I am pleased with today’s NYS Court of Appeals decision upholding our landmark law to guarantee New York voters ability to early vote by mail,” said Assembly Member Karines Reyes, R.N., and Chair of the NYS Puerto Rican / Hispanic Task Force. “We are glad the state’s leading jurists agree with our assessment that the Legislature should be empowered to amend election law to allow voters to use this sensible method of participation in the political process. There are both moral and legal means to ensure that every New Yorker can engage in democracy.”

According to data from the U.S. Election Assistance Commission, nearly 2 million New Yorkers used no-excuse mail voting in 2020 to vote when the option was temporarily made available during the pandemic. Less than 400,000 New Yorkers used mail to vote in 2016. Notably, the state’s voter participation jumped from 57.2 in 2016 to 61.1 percent in 2020.

Pennsylvania, New Jersey, Vermont and Massachusetts all have no-excuse mail voting on the books, and Connecticut is on track to make it permanent in 2024. Voter participation during presidential elections in those states has consistently tracked higher than in New York, according to a recent study.

A poll conducted for the Institute for Responsive Government in February of 2023 found broad support for making no-excuse mail voting permanent. By a 57-37 margin, New Yorkers approved.

To speak with an expert at Responsive Gov about today’s ruling and no-excuse vote by mail in New York, please contact dan@responsivegov.org.