ALBANY, N.Y. (NEWS10)— An election law case filed in Saratoga County was heard in the state’s supreme court appellate division in Albany. It has to do with a new law that allows absentee ballots to be counted early instead of after election day.

A state supreme court judge threw out the law but her ruling is now being appealed.

The plaintiffs’ attorneys said the New York Supreme Court judge got it right, that the law is unconstitutional.

“What we have here and my adversaries have used this exact term. They have a statue that’s expedient. It sacrifices accuracy. It sacrifices the truth, it sacrifices rulings from the court on the qualifications of the voters,” said John Ciampoli, an attorney for Republican plaintiffs.

In the New York State Supreme Court Appellate division a week before Election Day, the defendants’ lawyers argued that this lawsuit has caused confusion to voters.

“Many of whom are now uncertain as to whether and how their absentee ballots will be counted. Plaintiffs have never provided an adequate explanation for why they waited until the 11th hour to commence this lawsuit,” stated Sarah Rosenbluth, an attorney for New York State.

She said this could have been brought before the court much earlier in the year, seeing as though the law was signed back in December. Two primaries have taken place while this law has been in effect and thousands of absentee ballots have already been cast for November 8th’s General Election.

A judge brought that up to Ciampoli.

“It might have been better and I accept as Boy and Girl Scouts the representations of my adversaries that they would not have said had the issue not ripened…”

A decision will be issued in the near future.