Judge Strikes Down Controversial Clause in NY’s New Election Laws

Contact Your Elected Officials
The Epoch Times Header

New York state court judge on Friday struck down one controversial sentence in New York’s new election laws.

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

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

James Franklin’s contract fallout

Penn State’s decision to fire head coach James Franklin after a disappointing 22–21 home loss to Northwestern will cost an estimated $56 million buyout. 

Trump’s Middle East Trip Led to Historic Breakthroughs

Trump’s bold, unconventional strategy helped end the Israel-Hamas war and set the stage for a more stable, prosperous Middle East.

Pretending Really Hard

The world is real and so are its problems, too. Reality is the enemy of liberals, even though they are pretending, really hard, that it is not.

Trump 2.0’s Eurasian Balancing Act Has Failed

Trump's Eurasian balancing act has failed due to his arrogant and aggressive approach towards all three countries.

Should Palestinian clans rebelling against Hamas be given Gaza?

Hamas’s October 7 attack exposed its violent ideology, showing cruelty toward its enemies and also against the Palestinian people it claims to defend.

Trump, Patel Confirm FBI Special Agents Will Get Paid During Shutdown

FBI special agents will receive their paychecks despite the government shutdown, according to President Donald Trump and FBI Director Kash Patel.

Trump Admin Withholds $41 Million From California Over English-Language Trucking Rules

Trump admin withholds $40.6M in California transportation funds, citing failure to meet federal English proficiency rules for truck drivers.

An Inconvenient Study – Feature Film

Journalist Del Bigtree challenged a top infectious disease expert in 2016 to a vaxxed vs. unvaxxed study. The long-hidden results are finally revealed.

Federal Judge Temporarily Blocks Trump Admin’s Shutdown-Related Layoffs

A federal judge on Oct. 15 temporarily blocked President Donald Trump’s plan to lay off certain federal employees during the government shutdown. 

Trump Posthumously Awards Charlie Kirk the Presidential Medal of Freedom

President Trump posthumously awarded Charlie Kirk the Presidential Medal of Freedom in the White House Rose Garden on Oct 14, Charlie's birthday.

Trump Names Longtime Adviser Dan Scavino to Key Personnel Position

One of President Trump’s longtime advisers, Dan Scavino, is going to be in charge of selecting and appointing key positions within the executive branch.

First Lady’s Effort Helped Reunite 8 War-Displaced Children With Their Families

First lady Melania Trump said 8 children impacted by the fighting between Ukraine and Russia were reunited with their families on Oct. 9.

Trump to Impose New 100 Percent Tariff on China on Nov. 1

President Trump said that the US will impose an additional 100 percent tariffs on Chinese goods and export controls on critical software starting on Nov. 1.
spot_img

Related Articles

Popular Categories

MAGA Business Central