Resource: Gallagher v. N.Y. State Bd. of Elections

Plaintiffs requested declaratory relief with respect to the validation of ballots that were incorrectly or untimely postmarked by the USPS, despite defendants' assurances that such ballots would be valid. Plaintiffs allege that under New York Executive Order 202.26, pre-paid postage would be included in absentee ballots. Prior to the Executive Order, relevant election laws required voters to provide their own postage and required that such absentee ballots must be postmarked prior to or on the date of the applicable election. According to plaintiffs, the shift to a pre-paid postage envelope, despite assurances from defendants, resulted in the failure by the USPS to timely and adequately postmark such ballots, resulting in tens of thousands of votes in New York either being untimely postmarked or not marked at all, deeming such ballots invalid.