On Oct. 15, 2024, the New York State Court of Appeals will hear arguments in a case challenging the 2021 law that dramatically upended the process for canvassing absentee ballots.  In a 3-2 decision, the Appellate Division, Third Department, held that the law in question did not violate the state constitution.  The law at issue, however, undermines the state constitution’s guarantee of bipartisan administration of New York State’s elections; therefore, the Court of Appeals must reverse the decision of the Appellate Division and invalidate the 2021 absentee ballot canvassing law.

The case challenges a 2021 law that significantly altered how Boards of Elections process and canvass absentee ballots.  The 2021 law mandates that Boards of Elections begin processing absentee ballots as they arrive, even if that is before Election Day.  This is a radical change from the process used by New York’s local Boards of Elections for generations where all absentee ballots were canvassed after Election Day.