Constitutionality of using COVID-19 as excuse to vote absentee on line

State GOP, Conservative parties argue fear of coronavirus is not a valid reason to vote absentee

Joshua Solomon | Times Union | Oct. 12, 2022

BALLSTON SPA — A decision on whether voters can invoke a fear of contracting COVID-19 in order to use an absentee ballot is in the hands of a state Supreme Court justice following a court hearing Wednesday when attorneys on both sides of the issue argued whether the practice is constitutional.

State Supreme Court Justice Dianne L. Freestone said at the end of the hearing that she would issue a decision “very quickly.” The general election is Nov. 8 and the deadline to request an absentee ballot online or via mail end Oct. 24….

Leaders of the state Republican and Conservative parties are spearheading the legal challenge of the Legislature’s decision to continue to allow voters to request an absentee ballot based on the “temporary illness” provision that allows someone to vote through the mail if they are wary of contracting the virus.

Conservatives are also trying to have voters who received mailers from the state Democratic Party that contained pre-filled paperwork requesting an absentee ballot affirm that they wanted to vote that way.

The petition also seeks an additional avenue to file a legal challenge of absentee ballot applications that may appear fraudulent, beyond the current system for disputing a ballot….

[READ MORE]