ALBANY, N.Y. — New York state's top court is deciding whether lawmakers had the proper authority when they expanded who was eligible to vote by mail.

The Court of Appeals heard arguments Tuesday in a challenge to the system enacted last year. It is nuanced lawsuit brought by North Country Rep. Elise Stefanik and backed by the state Republican party.

They argue the 2023 law, which allows any registered voter to request an early mail ballot, is unconstitutional. This is separate from absentee ballots, which require an excuse, although the plaintiffs argue they are functionally the same.

Attorneys argued over letter of the law versus intent, discussing for instance if the meaning of the words "at an election" mean voters are legally required to vote at a polling place. They also discussed the intent versus functionality of a 1966 amendment which eliminated language that more plainly defined that requirement.

Making matters more complicated, in 2021 the Legislature put forward a ballot proposition to the general public to allow no-excuse absentee voting and it failed. 

"When the Legislature talked specifically to that issue, they were very clear, crystal clear, that they did not believe they had that power and they said they needed a constitutional amendment to get that power," Michael Hawrylchak, attorney for the plaintiffs, said.

Based on their questions, judges appeared to be grappling with what is actually written in the state Constitution, which several suggested seems to allow lawmakers to make this change, weighed against previous interpretations and the appearance of the court overriding the will of the people.

"How do we deal with it though?” Hon. Anthony Cannataro said. “I mean the ultimate sovereign here is the people, whether it's given to the Legislature, contained in the Constitution and they did speak very long ago in a negative matter.” 

Two lower courts have sided with the state on this case so far.