A state appeals court reversed a Republican-led challenge to New York’s absentee-voting laws, declining the party’s attempt to invalidate perhaps hundreds of thousands of mail-in ballots.

The Appellate Division, Third Department, on Tuesday unanimously upheld a law allowing anyone to vote absentee if they’re afraid of catching or spreading an infectious disease, such as COVID-19. The law is set to remain in place through 2022.

The COVID-era voting law “was enacted in 2020 and has been in effect for multiple general, primary and special elections but petitioners did not challenge the statute until nine months after the sunset clause was extended and after the mailing of absentee ballots had already begun,” the unanimous, 10-page decision reads. “In short, petitioners delayed too long in bringing this proceeding/action.”

In its decision, the five-judge, mid-level court also upheld a 2021 law that changed when absentee ballots are opened. The new law requires local election officials to inspect the ballots and prepare them for counting prior to Election Day. Republicans argued the ballots should be counted afterward, as had been done for decades prior.

Source: Appeals court turns away GOP challenge to NY absentee ballot laws – Gothamist