New York Supreme Court Justice Dianne Freestone said the sentence deprived the rights of courts to rule on disputed ballots.
The last sentence in Article 9-209(8)e of the 2022 Election Law—which has been amended recently by the Democrat-led state legislature—says: “In no event may a court order a ballot that has been counted to be uncounted.”
Freestone said the clause violated the Constitution and abandoned a long-time bipartisan tradition.
“[It] abrogates both the right of an individual to seek judicial intervention of a contested ‘qualified’ ballot before it is opened and counted, and the right of the Court to judicially review same prior to canvassing,” she wrote.
The justice also said that the amendment de facto suspended a long-standing practice: that a questioned ballot should be preserved for three days while awaiting judicial review.
The Epoch Times has reached out to the New York State Board of Elections for comment.
Jennifer Wilson, the spokeswoman of the state election authority, told the State of Politics that their office is still reviewing the ruling to share its view on the impact to the upcoming election.
Nick Langworthy, chairman of the New York Republican Party, applauded the ruling.
“Today is another good day for free and fair elections in New York,” he said in a statement. “The Constitution has been on our side and we will continue to fight to uphold the will of the voters and to ensure honest elections in New York.”
The ruling is likely to be challenged in a higher court.
Timing of Ballot Contesting Changed
In New York election law, preservation and review of ballots are allowed in at least several circumstances, including election result audits and ballot contests.
By Allen Zhong