In an ongoing debate over a local law on term limits for the county executive and county comptroller, the Onondaga County Legislature on Tuesday voted to obtain counsel which gives it the ability to pursue a lawsuit against the County Board of Elections.
The resolution passed gives authorization for the county legislature to “retain counsel, commence litigation against County Board of Elections and take action(s) necessary or convenient related to term limits local law.”
It passed 10-7.
“This resolution does not trigger legal action. It allows us to pursue legal action if that is determined as the necessary path forward to uphold our responsibility to the public and oaths to uphold the county charter,” said Chairwoman Nicole Watts during the meeting.
The chaos around the local law began after the legislature passed a bill to implement three, four-year term limits on the county executive and county comptroller. It was signed by County Executive Ryan McMahon, then minutes later, the legislature received another version from him that vetoed the local law. McMahon said it was a “clerical error” and that the transmission of the signed bill was a mistake. He had been vocally opposed to the measure and had vetoed a similar bill months earlier.
A lawsuit would give a judge the ability to determine if the bill signed by the county executive would be put onto the ballot for voters to decide.
“Our voters have said they want the chance to weigh in, so that’s important,” Watts said in an interview.
Justin Sayles, a spokesperson for the county executive, said a lawsuit could cost Onondaga County taxpayers “hundreds of thousands of dollars.”
“The people of this county deserve resolution, not more delay, uncertainty and legal bills. While this dispute moves forward, the McMahon administration will remain focused on lowering costs for families, expanding access to affordable housing and strong early-childhood programs and investing in roads, neighborhoods and infrastructure our communities depend on,” Sayles said in a statement.
Prior to the legislative meeting, Republican Legislator Cody Kelly and Democratic Legislator Charles Garland introduced new legislation that would establish a three-year term limit for the county executive and comptroller.
“For months, the public has watched an unnecessary political battle over process instead of policy. Between the ongoing arguments and the variety of litigation possibilities, the prospects of getting term limits on the 2026 ballot have become very slim. We believe it’s time to end the debate, establish reasonable term limits and move forward,” Kelly said in a press release.
This new legislation will be discussed in August by the county legislature with an anticipated vote in September, the press release said.
Kevin Ryan, the Republican Board of Elections commissioner, said it is the Democrats’ prerogative to bring a lawsuit but by doing so, they are ignoring solutions proposed by the Republicans.
“This is disappointing, not because I worry about a lawsuit – I don’t. Since the beginning of this matter, I have maintained that I have acted and am acting properly in fulfillment of my duties as commissioner of elections. With that being said, if the County Legislature brings a lawsuit and a court disagrees with my position and orders the legislation on the ballot for a referendum, then I will follow that directive. This dispute is really as simple as that,” Ryan said in a statement.
Dustin Czarny, the Democratic Board of Elections commissioner, said in a statement that he applauds the Onondaga County Legislature for passage of the resolution.
“They are standing up for the law as written and I believe that is important. However, this action by them has no bearing on my decision whether to seek relief in the court independently. I have a separate duty to upload election law and protect voter interests. I plan to announce shortly what my intention is regarding the legally transmitted resolution that so far is blocked by my counterpart at the Board of Election,” Czarny said in a statement.