Attorney General James Protects New Yorkers’ Voting Rights

 

AG James Defended New York Early Mail Voter Act from Lawsuit Brought by Opponents Claiming the Act is Unconstitutional

New York Attorney General Letitia James released the following statement after the New York State Court of Appeals affirmed the constitutionality of the New York Early Mail Voter Act, which the Office of the Attorney General (OAG) defended from a lawsuit brought by opponents challenging the legislature’s authority to enact mail-in voting:

“The right to vote is the cornerstone of our nation, and government should make it easier for citizens to have their voices heard, not harder. While some want to put up roadblocks and stifle New Yorkers’ ability to exercise their Constitutional right to vote, I will always stand up and protect this basic, yet essential, freedom. Every election, at every level of government, is a beautiful celebration of patriotism and civic responsibility, and I encourage all New Yorkers to exercise their right to vote and to hold their public servants accountable. I will keep working to protect our state’s laws, and will do everything within my power to push back against anti-voting rights efforts and instead empower New Yorkers’ access the polls.”

In 2023, the state legislature passed the New York Early Mail Voter Act to allow all authorized registered voters to apply to vote by mail for any election in which they were eligible to participate. Since the legislation was signed into law, all eligible New York voters have been able to request mail-in ballots in multiple elections including both major political parties’ presidential primaries, and special elections to fill vacancies around the state. Opponents of the legislation filed a lawsuit that, if upheld, would have undone the reform and meant that eligibility for requesting vote-by-mail rights would have been severely curtailed. The lawsuit was rejected by a trial court and the New York State Appellate Division, Third Department, and has been again rejected by the Court of Appeals, meaning that this voting reform will remain in effect going forward.

Attorney General James has been a leader in protecting voting rights, in New York state and throughout the nation. In April 2024, Attorney General James secured up to $1.25 million from two conspiracy theorists who intimidated Black voters in New York with menacing robocalls. Before every general and primary election, Attorney General James issues alerts to ensure New Yorkers are aware of their voting rights and encourages New Yorkers to contact OAG’s Election Protection Hotline for assistance with voting. In November 2022, Attorney General James issued a statement supporting the Appellate Division, Third Department’s decision upholding New York's absentee ballot reforms to increase access to the polls. In August 2021, Attorney General James co-led a coalition of 22 attorneys general in opposing Georgia’s discriminatory law that would make it more difficult for millions of Georgians—especially Black Georgians—to vote. In May 2021, Attorney General James filed a lawsuit against the Rensselaer County Board of Elections (BOE) for failing to provide county voters with adequate and equitable access to early voting poll sites, which in August 2021, affirmed and ordered BOE to select new early voting poll sites. Before the 2020 primary elections, Attorney General James called for automatic absentee voting to allow individuals to vote during the COVID-19 pandemic.