The New York state Court of Appeals unanimously ruled a new state law that will move most local elections to even-numbered years to align with state and federal races is indeed constitutional.
The ruling by the seven justices puts an end to a lengthy legal battle over a law passed by the New York state Legislature and signed by Gov. Kathy Hochul in December 2023 that moves several local elections outside of New York City to even-numbered years starting this year, with the exception of some city or village elections, and races for county clerk, sheriff, district attorneys, local judges and others protected in the state Constitution.
A Republican-led challenge, initiated by leaders in Onondaga County, argued it conflicts individual county charters. Twenty New York counties are chartered, or have locally drafted and approved laws outlining the structure and authority of county government. Republicans have also argued the law is not a “general law,” which applies alike to all counties other than those wholly included within a city, all cities, all towns or all villages.
Advocates for the law argued the change will boost voter turnout in local elections, while opponents have feared the change will mean local interests will have to compete for attention with more widely covered state and national issues.
“The Court of Appeals’ unanimous decision to uphold New York’s even-year election law is a victory for democracy and all New Yorkers. I championed this legislation because I believe our state is stronger when more people have the opportunity to make their voices heard,” Gov. Kathy Hochul said in a statement Thursday. “By aligning local elections with the state and federal calendar, we’re making it easier for New Yorkers to participate in government. At a time when voting rights are under attack across the nation, New York is proudly moving in the opposite direction.”
State lawmakers modeled the law after a similar policy in Colorado, and said at the time it would be good for democracy and streamlined elections would decrease costs for localities. Supporters cite national research that voter turnout increases by at least 18% during presidential election years.
State Sen. James Skoufis, D-Cornwall, who sponsored the legislation in that chamber, said the ruling was a welcome one after he once called the challenge to it “baloney.“
“No longer will a small minority of voters choose who gets to hold critical local offices such as county executive and town supervisor,” he said in a statement. “The only disappointment has been watching some elected officials wage a senseless crusade to protect the status quo, low-turnout elections that won them office. Over a million dollars of taxpayer money was lit on fire in pursuit of a political outcome, a reckless decision that prevents any of these elected officials from ever again calling themselves ‘fiscally responsible.’ If they had any decency, they would reimburse taxpayers from their sizable campaign accounts.”
The law can take effect after the general election next month.