The integrity of U.S. elections has been under major scrutiny for years, so it’s little surprise that there have been multiple debates over the legality of mail-in voting in New York leading up to the 2024 election. Just recently, the state’s highest court decided to uphold the state’s existing mail-in voting law.

Contentions arose when legislation was passed last year in an attempt to expand the accessibility of voting for more New Yorkers. The law was approved by the Legislature and determined that voters could cast their important ballots by mail. This law paralleled earlier attempts to expand mail-in voting in 2021 through a state Constitutional amendment. Back in 2021, voters rejected the proposal.

Challengers to the previous amendment and the recent legislation argue that the Constitution requires most people to vote in person on election day. They also argue that expanding mail-in voting would only increase voter fraud and further cause damage to the integrity of our elections. Advocates, on the other hand, argue that this move helps empower more Americans to be able to vote. They also argue that the question of in-person voting isn’t clear under the Constitution.

Chief Judge Rowan Wilson, who wrote the majority opinion in this case, claims that the state’s Constitution doesn’t have any language that expressly requires in-person voting. He also claims that the state’s courts have never considered the question of mail-in ballots before. At the end of the day, the whole question centers around the interpretation of the Constitutional’s wording in – “every citizen shall be entitled to vote at every election.”

Does this wording imply that all citizens should be able to vote in every election, or at a specific location? Recent interpretations favor the rights of voters.

What Are Your Voting Rights as a New York Citizen?

The right to vote is a powerful one. It gives citizens the opportunity to have their voices heard when it’s time for the people to choose new community, state, and federal leaders. While this right is protected, it isn’t guaranteed 100% of the time.

For instance, convicted felons are not permitted to vote. Individuals who are in the country illegally are not allowed to vote. Children can’t vote. Individuals who have been deemed mentally incapacitated or incompetent by a court of law are not permitted to vote.

Sometimes, this right can be regained. For example, children will be able to vote when they turn 18, and most felons can eventually regain their right to vote after a recent bill was passed in 2021.

According to this new law, felons will become eligible to vote again after they serve out their time in prison and are no longer incarcerated. The only exception to this law is if the person was deemed mentally incapacitated during their trial.

Do you have reason to believe your rights may have been violated? Schedule a confidential meeting with our team of legal experts to learn more about your legal rights and options after what happened.