Judge rules voting by mail due to COVID fears is unconstitutional

(Photo by Joe Kovacs)

(Photo by Joe Kovacs)

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(FOX NEWS) -- A judge in New York ruled that voting by mail over fears of the coronavirus is unconstitutional.

The Democrat-controlled legislature "appears poised to continue the expanded absentee voting provisions of New York State Election Law … in an Orwellian perpetual state of health emergency and cloaked in the veneer of ‘voter enfranchisement,'" Saratoga County Supreme Court Justice Dianne Freestone, a Republican, wrote in her ruling Friday.

The 28-page ruling ordered local election boards to stop counting absentee ballots they’ve already received and to "preserve" them until after Election Day on Nov. 8 or after the resolution of a lawsuit filed by Republicans in the state. The ruling does not invalidate ballots that have already been mailed.

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