Lawsuit against NY’s "Early Mail Voter Act," explained and documented.
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Those who contend New York's "Early Mail Voter Act" (No-Excuse Absentee Ballot Voting) is constitutional, alledge in their
MOTION TO INTERVENE AS DEFENDANTS, that the Act is authorized under Article II, Section 7 of the New York Constitution, which they assert grants broad authority to prescribe the method of voting in New York.
Article II, Section 7 of the New York Constitution reads in part:
[Manner of voting; identification of voters]
§7. “All elections by the citizens, except for such town officers as may by law be directed to be otherwise chosen, shall be by ballot, or by such other method as may be prescribed by law . . .”
But the referenced broad authority, i.e., “as may be prescribed by law”, is expressly limited as stipulated in Article II, Section 2, which precedes Section 7.
Section 7, being the disputed Section, is here conceded to allow a method “as may be prescribed by law”, for qualified voters to vote who may be unable to appear personally at the polling place as stipulated in Section 2.
But Section 7, is not here conceded to allow, neither by its text nor legislative intent, the adoption of legislation which broadens the method “prescribed by law” to qualified voters beyond those who are not able to appear personally at the polling place as stipulated in Article II, Section 2.
Article II, Section 2, reads as follows, and is crystal clear:
[Absentee voting]
§2. "The legislature may, by general law, provide a manner in which, and the time and place at which, qualified voters who, on the occurrence of any election, may be absent from the county of their residence or, if residents of the city of New York, from the city, and qualified voters who, on the occurrence of any election, may be unable to appear personally at the polling place because of illness or physical disability, may vote and for the return and canvass of their votes."
The sequence of events leading to the current dispute which questions the authorized delegated legislative power under Article 2, Section 2, and Article II, Section 7 of the New York Constitution is sufficient in itself to conclude the "Early Mail Voter Act" is unconstitutional, and is intended to defeat New York’s constitutional amendment process, which requires consent of the governed, and is the only lawful way to alter legislative powers granted to New York’s Legislature.
For those interested in the sequence of events leading to the above described dispute, and why the "Early Mail Voter Act" is an attempt to defeat New York’s Constitution and its constitutionally authorized amendment process requiring consent of the governed, see
PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION page 7 “The Failed 2021 Mail-Voting Amendment”, and then decide for yourself if the "Early Mail Voter Act" is not a flagrant attempt to defeat the will of the people of New York which rejected, by a generally reported 55%-45%, “No-Excuse Absentee Ballot Voting."
JWK
Why have a written constitution, approved by the people, if those who it is meant to control are free to make it mean whatever they wish it to mean?
