A New York law requiring the counting of mail-in ballots even if there’s some doubt as to their validity is constitutional, the state’s top court ruled on Oct. 31.
“We hold that the statute does not violate the constitutional principles of separation of powers or of judicial review,” the State of New York Court of Appeals said in a unanimous decision. “Ultimately, plaintiffs’ reading is inconsistent with the constitutional framework.”
New York law requires boards to review mail-in ballot signatures and other information to determine whether each ballot is valid. The new law, enacted in 2021, says that after comparing the signature on the ballot with the voter’s signature on file, the ballot must be counted unless the officials all agree that the signatures do not match. Previously, such ballots would be set aside and not counted unless one of the sides brought a successful objection….
