An act to amend the Election Law —
2023-01-09
· Calendar #5
The New York State Senate passed legislation on Monday restricting constitutional challenges to election laws to four courts—one in each judicial department—in a 41-19 vote that split largely along party lines. Senate Print 350, sponsored by Sen. Jackson, would require voters challenging the constitutionality of election laws to file in courts located in New York County, Westchester County, Albany County, or Erie County, rather than in their home counties' Supreme Courts. Jackson argued the measure prevents frivolous litigation and forum shopping that destabilizes elections, citing a 2022 case where Republicans challenged absentee ballot provisions in Saratoga County, threatening approximately 188,000 ballots cast during the pandemic. However, Republican and moderate Democratic opponents argued the bill unconstitutionally restricts access to courts for rural voters across 58 counties. Sen. Stec, whose district spans six counties and is larger than Connecticut and Rhode Island combined, called it "the most blatantly unconstitutional piece of legislation" he has seen in 11 years in the Legislature, noting constituents on the Canadian border would need to drive 3-5 hours to Albany to challenge election laws. Sen. Rhoads stated the bill violates Article VII of the State Constitution, which establishes Supreme Court jurisdiction in each county, and argued courts already have tools to sanction frivolous litigation. Sen. Skoufis countered that election lawsuits in New York are typically filed by political parties through lawyers, not individual citizens, so the venue restriction would not practically affect ordinary voters. The bill passed with all 41 Democratic senators voting yes and 19 Republicans voting no.
Passed Senate
Ayes: 41
· Nays: 19
Debate Summary
The bill would restrict constitutional challenges to New York's Election Law to four specific courts—one in each judicial department (First Department in New York County, Second in Westchester County, Third in Albany County, and Fourth in Erie County). Sponsor Sen. Jackson argued the measure prevents frivolous litigation and forum shopping that destabilizes the electoral process, citing a 2022 case where Republicans challenged absentee ballot provisions in Saratoga County. Opponents argued the bill unconstitutionally limits access to courts for rural voters across 58 counties, effectively disenfranchising constituents who would need to travel hours to challenge election laws, and violates Article VII of the State Constitution establishing Supreme Court jurisdiction in each county.
Recorded Votes
Individual vote records shown here are captured from roll call mentions in floor transcripts. Because most bills pass with unanimous or near-unanimous ayes, only dissenting (nay) votes are typically read into the record — so the table below skews toward no votes. The full tally (ayes/nays above) reflects the official count.
| Senator |
Vote |
Party |
| Gianaris |
aye
|
Democrat |
| Myrie |
aye
|
Democrat |
| Skoufis |
aye
|
Democrat |
| Ashby |
nay
|
Republican |
| Borrello |
nay
|
Republican |
| Canzoneri-Fitzpatrick |
nay
|
Republican |
| Gallivan |
nay
|
Republican |
| Helming |
nay
|
Republican |
| Mannion |
nay
|
|
| Martins |
nay
|
Republican |
| Mattera |
nay
|
Republican |
| Murray |
nay
|
Republican |
| O'Mara |
nay
|
Republican |
| Oberacker |
nay
|
Republican |
| Ortt |
nay
|
Republican |
| Rhoads |
nay
|
Republican |
| Rolison |
nay
|
Republican |
| Stec |
nay
|
Republican |
| Tedisco |
nay
|
Republican |
| Walczyk |
nay
|
Republican |
| Weber |
nay
|
Republican |
| Weik |
nay
|
Republican |