NYS' top court upholds switch that will shift Nassau, Suffolk elections to even years

ALBANY — New York’s top court ruled Thursday that a new law switching local elections to even-numbered years was constitutional, delivering a big win for Democrats and a blow to Republicans who had sued to block it.

The Court of Appeals, in a 7-0 decision authored by a Republican judge, ruled the State Legislature was within its authority when it adopted the law in 2023.

In doing so, the court rejected a Republican lawsuit — led by GOP county executives around the state, including Bruce Blakeman of Nassau County. The Republicans contended that moving town and county election years required a constitutional amendment and voter approval in a statewide referendum.

"We hold that there is no express or implied constitutional limitation on the legislature’s authority to enact the Even Year Election Law and therefore affirm," Judge Michael Garcia wrote for the court.

Further, the court said there was no reason to delay the implementation of the law.

The new law means everyone running locally in 2025 will have a truncated term. If a position normally would have a two-year term for someone running in 2025 (think county legislature), then it will be truncated to a one-year term, up for reelection in 2026.

A candidate for, say, Nassau County executive, would be up for a three-year term instead of the normal four. Blakeman is running for reelection this fall against Seth Koslow, a Democratic county legislator.

The law doesn’t apply to New York City or certain countywide offices such as district attorney.

While a decision in the case was pending, Suffolk County officials proposed changing terms for county legislators from two to four years. Voters will decide the proposition in a countywide referendum on Election Day. Supporters say the change will prevent the county from having to have three elections in four years: 2025, 2026 and 2028.

For years, election for most town board and other local offices have been held in odd-numbered years.

The Democratic-led State Legislature approved a bill in 2023 that would change all that, backed by some good-government groups.

One of advocates’ rationales is that New York traditionally has higher voter turnouts in even-numbered years than in odd years when town and county offices on the ballot. But the key political point is Democrats historically have a much better turnout during gubernatorial and, especially, presidential years.

Republicans had called the turnout argument a sham. Assembly Republican Leader William A. Barclay said his opponents’ intentions "aren’t as altruistic" as they claim.

"The Democrats in some areas have had trouble getting their voters out for local elections, so they think they are not as in tune with local issues as national, so let's put it with national elections," Barclay (R-Pulaski) told Newsday in September when the Court of Appeals heard oral arguments in the case.

Onondaga County Executive J. Ryan McMahon, a Republican, led a lawsuit to overturn the law, quickly joined by Blakeman and a handful of other county executives.

A Syracuse judge ruled in favor of the Republicans in 2024. but the State Supreme Court’s Appellate Division, New York’s mid-level court, reversed the ruling and rejected the Republicans’ claims.

On Thursday, the Court of Appeals upheld the Appellate ruling.

Garcia wrote state government has a "legitimate and substantial interest in increasing voter turnout and reducing confusion," that nothing in the state constitution limits the "authority of the legislature to mandate the timing of certain elections," and the state’s "municipal home rule law" doesn’t give towns or counties a constitutional right to set the timing of elections.

"The Court of Appeals' unanimous decision to uphold New York’s even-year election law is a victory for democracy and all New Yorkers," Gov. Kathy Hochul said. "By aligning local elections with the state and federal calendar, we’re making it easier for New Yorkers to participate in government.

Jesse Garcia, Suffolk County GOP chairman, called the court’s ruling "not surprising." He and other Republicans have criticized the court sharply since the State Legislature blocked Hochul’s nomination of a moderate Democrat for chief judge for a more liberal one.

"We will adjust," Garcia said. "But I’m concerned about voters, concerned about candidates whose issues will be drowned out by the national elections."

By Yancey Roy

yancey.roy@newsday.com@yanceyroy