Ruled UNCONSTITUTIONAL – Judge Shocks Democrats

Judge Rules Ballot Send Out Unconstitutional

( – In late October, a New York judge ruled that a 2020 absentee voting law redefining “illness” to include fear of COVID violated the state’s constitution.

Before the 2020 election, former New York Governor Andrew Cuomo signed legislation that broadened the definition of “illness” to include someone who claims to be concerned about contracting or spreading COVID.

But in her 28-page opinion on October 23, Saratoga County Supreme Court Judge Dianne Freestone concluded that the Democrat-controlled legislature “exceeded” the authority of the state’s constitution by expanding the definition of “illness.”

Judge Freestone said the expanded definition would permit virtually any voter to qualify for an absentee ballot which “violates the spirit of absentee voting.”

The judge said it appeared that state lawmakers planned to continue using the expanded absentee voting provisions “in an Orwellian perpetual state of health emergency cloaked in the veneer of ‘voter enfranchisement.”

Judge Freestone ordered local elections boards to stop counting absentee ballots on election day and set them aside for later review.

The judge’s decision is a significant win for both the New York Republican and Conservative Parties who were listed as plaintiffs in the suit.

Republican Assemblyman Robert Smullen told CBS6 Albany that he hoped the judge’s ruling would ensure that New York’s elections “are done with integrity.” Smullen said the judge’s decision would help to prevent voter fraud in the state.

Last November, New York voters voted down a ballot measure that would have permitted no-excuse absentee voting in the state.

Unsurprisingly, New York Democrats wasted no time signaling they planned to appeal Judge Freestone’s decision and will likely try to get their case expedited through the state’s higher courts.

The judge’s ruling does not affect the absentee ballots that have already been cast, however, it could likely lead to overturning a state law that blocks people from changing their mail-in votes by showing up in person on election day.

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