A New York law that allows the Board of Elections to count a mail-in ballot, even if there is some doubt about the ballot’s validity, was upheld as constitutional, marking a win for state Democrats.
The 3-2 decision, handed down Friday by the New York Supreme Court Third Appellate Department in Albany, modifies a lower court ruling that in May deemed unconstitutional a section of the state’s election law allowing local election boards to consider an absentee or mail-in ballot valid and count the vote, when there is a split between Democratic and Republican representatives about whether the ballot ...
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