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Modifying the Postmark Requirement for Mailed Ballots in New York

Robert Timothy Reagan
October 27, 2023

Gallagher v. New York State Board of Elections (Analisa Torres, S.D.N.Y. 1:20-cv-5504)
New York’s allowance for voting by mail during the global Covid-19 infectious pandemic of 2020 had a postmark requirement, but prepaid mail was not always postmarked, so a district judge ordered that ballots received by the day after the election would be counted without a postmark and ballots received by the following day would be counted unless they had a postmark after election day.
Subject: Absentee and early voting. Topics: Absentee ballots; Covid-19; intervention; primary election; class action.

One of many Case Studies in Emergency Election Litigation.