2nd Circuit Slaps NY For Rule On Absentee Ballots

NEW YORK (CN) - The New York State Board of Elections does not have the right to forbid absentee ballots in elections for political party county committees, the 2nd Circuit ruled.

Candidate David Price, two voters, and the Albany County Republican Committee challenged the state law, which made the party seats the only ones in the state that do not use absentee ballots. Judge Hall reversed the district court ruling that supported the restriction.

The board argued that absentee ballots could create a delay in counting the votes. Hall found that argument "extraordinarily weak."

"Elections for the ACRC only take place in even-numbered years," Hall wrote. "Local offices in New York are generally voted on in odd-numbered years, making it extremely unusual that the ACRC would have to nominate a candidate in the same year that ACRC members were up for election."

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