NY Elections, Census and Redistricting Update 10/20/25

This week- Court of Appeals Hears Newburgh VRA Challenge; Even Year Voting Law Upheld; Register Now for the November 14 Statewide Census Organizing Conference; VRA Preclearance; A Closer Look at Even Year Voting; A Focus on: Citizens Union

REDISTRICTING & LITIGATION

State Voting Rights Act Challenge

Orange County: Clarke et. al v. Town of Newburgh

On October 14th, the New York State Court of Appeals heard Clarke et al v. Town of Newburgh. This case challenged the constitutionality of the 2022 enacted John R. Lewis Voting Rights Act (NYVRA), designed to protect voting rights and ensure equal political participation for racial, ethnic, and language-minority groups.

Six voters in the Town of Newburgh alleged that the town’s at large method of election for Town Board members diluted the voting power of Black and Hispanic voters in violation of the NYVRA. The town appealed the issue of the NYVRA’s constitutionality to the New York Court of Appeals, claiming that the NYVRA is unconstitutional and violates the equal protection guarantees of the U.S. and New York Constitutions.

If the State Court of Appeals upholds the state voting rights act, Newburgh all but announced that it would appeal the decision to the U.S. Supreme Court. While the state court could find that Newburgh did not have the “capacity” to challenge the state law because it is a state-created subdivision, the town is expected to find a way to challenge the state law in the U.S. Supreme court as a violation of the U.S. Constitution’s 14th Amendment (in the same way the Callais plaintiffs are challenging the federal voting rights act).

We won’t know the Callais decision for several more months, but a decision in Newburgh could come down in as little as a month or two, leaving the state law intact if the Appeals court affirms the Appellate Division ruling supporting the law. An appeal to the U.S. Supreme Court by the Town of Newburgh would not come until sometime next year, keeping the issues surrounding the Voting Rights Act before the courts for quite some more time into the future.

ELECTIONS

State Court of Appeals Upholds Even Year Voting Law: County of Onondaga et. al. v. Hochul

On October 16th the New York State Court of Appeals voted unanimously to uphold the Even Year Elections Law (EYEL) as constitutional, determining that New York can move most local elections to even year voting when federal and state candidates appear on the ballot. The change excludes cities, villages and races for county clerk, sheriff, district attorney, local judges and others protected under the state Constitution.

First, the Court found that the right to form an alternative form of government does not implicitly include a right to set terms of office or timing of elections. Second, the court found that the EYEL is a general law because it applies to all counties with reasonable exceptions and has an equal impact on all voters. Third, the court held that the EYEL is a neutral law which changes the timing of elections in a manner common to all voters, and imposes no form of restriction, burden, or limitation on voting.

Some local races to be decided on November 4’s election this year will have shortened terms to follow this new policy to align state, local, and national elections on the same day. A proposal on the New York City ballot next month could also move towards changing the city’s election schedule from odd-numbered to even-numbered years if approved by voters on November 4. State lawmakers plan to prioritize a constitutional amendment make this the law.

About 2.4 million New Yorkers showed up to the polls in the November 2023 general election compared to 5.7 million voters in the 2022 midterm elections, and 8.2 million voters in the 2024 presidential election. Beginning in 2026, voters across the state will now be able to cast their ballots in several local elections at the same time as they vote in state and federal elections.

NOVEMBER 14TH N.Y.S. CENSUS KICKOFF CONFERENCE 

Friday, November 14, 2025 | 12 – 2 PM | Virtual Event

New York State Census Partnership

The road to Census 2030 starts now. Join a virtual convening that brings together experts, advocates, and partners from across New York to kick off the conversation, share key updates, and begin building the infrastructure absolutely critical for a complete and equitable count.

Register Here Today: https://nyls.wufoo.com/forms/nys-census-2030-launch/

Moderated by Sol Marie Alfonso-Jones, Sr. Program Director, The New York Community Trust, this session will include:

·         An overview of what the census is, and why it matters to all New Yorkers.

·         An overview of the New York State Census Partnership (NYSCP) —what we learned from 2020, how we are structuring the work now, our current priorities, what has been achieved to date, and how stakeholders can get involved.

·         Why community involvement in the Census matters with Lurie Daniel Favors, Executive Director, Center for Law and Social Justice at Medgar Evers College

·         A look at New York’s shifting demographics and what they tell us about who and where we need to reach, with Jan Vink, Cornell University Program on Applied Demographics

·         A deep dive into the Local Update of Census Addresses (LUCA) process—what it is, why it matters, and how to prepare now, with Joe Salvo, Consultant, and Former Chief Demographer for New York City

·         Key updates from the U.S. Census Bureau, presented by Meeta Anand, Leadership Conference

·         A state-level perspective on what’s happening in New York from Jeff Wice, Distinguished Adjunct Professor & Senior Fellow, Elections, Census and Redistricting Institute, New York Law School, with special guests Senator Jeremy Cooney, and Assembly Members Michaelle Solages and Landon Dais.

Whether you’re a veteran of census work or just getting started, this session will equip you with critical information, past efforts, where things stand, and how to get involved as we look toward 2030. It’s not too early—now is the time to begin laying the groundwork for a fair and accurate count. It’s going to take all of us, working together, to ensure every New Yorker is seen, counted, and represented.

VOTING RIGHTS ACT

N.Y. Attorney General’s Office Preclearance

901 Erie County Board of Elections- poll site location- preliminarily granted

The change requested is to move the East Clinton Branch Library general election location, located at 1929 Clinton St., Buffalo, NY to the Autumnwood Senior Center, located at 1800 Clinton St., Buffalo, NY.

881 Suffolk County BOE – poll site location- granted

The change requested was for a temporary change of polling location from the Bellport Recreation Center to the Bellport Middle School for the November, General Election.

801 Monroe County BOE- poll site location- granted

Proposed changes include reassigning EDs to GE election day polling places and redesignation of GE 2025 early voting sites

All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/

A CLOSER LOOK AT EVEN YEAR VOTING

Should New York City Move Its Local Elections to Even Years?

Among New York’s many governments, the city runs its elections on a schedule all its own. All other counties and towns in New York State will be holding local elections in even-numbered years, alongside major federal and state contests. But the city chooses its mayor, comptroller, public advocate, and City Council in odd years, when voter turnout is far lower and attention is harder to come by. Now, the 2025 N.Y.C. Charter Revision Commission is asking voters whether it’s time for New York City to join the rest of the state and move its elections to even years.

The goal is simple: get more New Yorkers to vote. In 2021, only about 23 percent of registered voters turned out to pick the mayor. By contrast, more than half of city voters cast ballots in the 2024 presidential election.

Across the country, cities that switched to even-year elections saw turnout surge, Baltimore’s participation rate jumped from 13 percent to over 60 percent, and Phoenix’s rose from 21 percent to 77 percent. The Commission calls this shift “the simplest and most effective way” to increase civic participation.

But it’s not just about numbers. According to supporters, moving elections to even years could make the city’s electorate more reflective of its population. Odd-year elections tend to draw an older, wealthier, and whiter pool of voters. During presidential years, the voting population becomes younger and more diverse. Experts informed the city commission that turnout among Black, Hispanic, and Asian voters can triple in even-year elections. That means decisions about city government would better reflect the people who live in New York, not just those who vote most consistently.

There’s also the matter of cost. Running separate elections every year isn’t cheap. The Independent Budget Office estimates that combining the city’s elections with the presidential cycle could save roughly $42 million every two years. Those funds could instead support voter outreach, poll worker training, or public education efforts. The change could also cut down on special elections, which are expensive and often draw dismal participation.

Still, critics see potential downsides. Some worry that city races would be drowned out by the noise of national politics. Others warn that long ballots might cause “voter fatigue,” with people skipping local races altogether. Yet, evidence from other cities shows these effects are small compared to the overall increase in participation. As the Commission notes, holding low-turnout elections in off-years doesn’t necessarily make voters more focused on local issues, it just limits how many people get to weigh in.

Making the switch would require a state constitutional amendment, followed by a citywide referendum. If approved, one election cycle would feature shortened three-year terms to realign the schedule, with the first even-year city elections likely arriving in 2032.

Ultimately, the question is about what kind of democracy New York City wants. Aligning elections with major contests could bring more people, and a broader mix of voices, into the process. Keeping the current system preserves a smaller, more specialized electorate. Either way, the timing of the vote may determine who gets heard to help shape the city’s future.

ORGANIZATION HIGHLIGHT

Citizens Union is a nonpartisan good government group dedicated to promoting honest and accountable government, fair and open elections, and a civically engaged public. Founded in 1897 to challenge the corruption of Tammany Hall, Citizens Union has been at the forefront of reform in New York City and State government for over 125 years.

With the support of members, allies, and dedicated New Yorkers, Citizens Union has achieved scores of victories that have transformed New York City’s democracy. From establishing permanent voter registration in the 1950s to securing key election reforms in 2019, Citizens Union has worked to make it easier for New Yorkers to register and vote. From early civil service reforms to the creation of strong ethics watchdogs, we have fought for a cleaner, more transparent government that serves the public interest rather than party bosses. Through decades of advocacy to limit the influence of money in politics, the organization has helped establish the strongest public campaign finance system in the country, ensuring that people from diverse backgrounds can run for office and remain accountable to voters—not wealthy donors. By advocating for the creation of community boards, the abolition of the Board of Estimate, and the enshrinement of Home Rule, Citizend Union has helped strengthen local democracy and empowered New Yorkers to have a greater voice in city governance. Other reforms include banning gerrymandering in New York State, establishing merit-based judicial selection, regulating Super PACs, improving oversight of police misconduct, and many more.

A core part of Citizens Union’s mission centers on elections and voting. Its current priorities include:

Moving local elections to even-numbered years to increase voter participation
Protecting and strengthening New York City and State public campaign finance programs
Limiting the involvement of lobbyists in campaign and fundraising activities
Reforming New York’s Board of Elections system

On redistricting, Citizens Union has long supported independent and fair map-drawing for legislative districts. We have been active in advocacy and litigation on this issue for decades, including leading the campaign that resulted in a 2014 voter-approved constitutional amendment banning gerrymandering in New York. In the most recent NYC redistricting cycle, our community education program trained over 1,700 New Yorkers to testify and advocate for fair City Council maps, and these efforts led to a more transparent and inclusive process, including the first-ever district-by-district public map-drawing sessions conducted by the City Districting Commission.

Citizens Union is a member-based organization. CU members can join one of our policy or electoral committees and help shape the organization’s reform agenda. You can become a member here.

Sign up for our email list to stay informed about the latest news, events, and policy updates from Citizens Union. Or contact the organization at info@citizensunionfoundation.org.

INSTITUTE RESOURCES

The New York Elections, Census and Redistricting Institute has archived many resources for the public to view on our Digital Commons Page.

Our Redistricting Resources page contains resources on the John R. Lewis Voting Rights Act. You can access the page

here: https://digitalcommons.nyls.edu/redistricting_resources/

Archived Updates can be accessed

here: https://digitalcommons.nyls.edu/redistricting_roundtable_updates/

Please share this weekly update with your colleagues. To be added to the mailing list, please contact Jeffrey.wice@nyls.edu

The N.Y. Elections, Census & Redistricting Institute is supported by grants from the New York Community Trust, New York Census Equity Fund, the Mellon Foundation,  and the New York City Council. This report was prepared by Jeff Wice, Esha Shah, Daniel Bonaventura, and MIchelle Davis (from Redistrictingonline.org).