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NY Appeals Court to Decide on ’21 Election Law Removal of Court Review From Ballot Challenges

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NY Appeals Court to Decide on ’21 Election Law Removal of Court Review From Ballot Challenges | New York Law Journal

















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https://www.law.com/newyorklawjournal/2024/08/06/ny-appeals-court-to-decide-on-21-election-law-removal-of-court-review-from-ballot-challenges/

Vote by Mail official Ballot. Photo: Diego M. Radzinschi/ALM Vote by Mail official Ballot. Photo: Diego M. Radzinschi/ALM

Appeal is based on a trial court judge’s reinstatement of judicial reviews, in the event that partisan local boards of elections deadlock on whether challenged absentee, military, special and affidavit ballots should be canvassed.

August 06, 2024 at 05:03 PM

4 minute read

Brian Lee

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What You Need to Know

  • A 2021 law removed judicial reviews from ballot challenges, and a trial court judge struck the provision.
  • Attorneys for New York government and the Democratic-led Assembly want a reversal.
  • Expedited appeal is set for Aug. 15 arguments.

A midlevel New York appeals court is set to decide whether challenges to canvassed ballots in close political races should continue to be heard by state judges in civil courts.

It’s the lone remaining matter in a refiled complaint by the state’s Republican and Conservative parties in which the Appellate Division, Third Department in Albany will hear arguments from a familiar cast of election law attorneys in Amedure v. State of New York on Aug. 15.

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