Judge strikes down New York law mandating moving local elections to even-numbered years as UNCONSTITUTIONAL

10/15/2024 / By Ava Grace

The Supreme Court of the State of New York (NYSC) has struck down a state law moving many town and county elections outside of New York City to even-numbered years to align them with state and federal laws as unconstitutional.

The ruling by NYSC Justice Gerard Neri was celebrated by state Republicans who claimed that the move violated local autonomy and was a clearly partisan effort by state Democrats who wanted this law passed to gain an electoral edge.

Republican lawmakers accused the bill’s sponsors of playing politics by moving local elections to higher-turnout federal election years. Local races in even years would be overshadowed by larger and more heavily-funded state and federal elections, they warned.

The Democratic sponsors of the law claimed that moving local elections for town supervisor, county executive and some other local posts away from odd-numbered years would increase voter turnout, as New York voters are more interested in participating in state and federal elections. (Related: Constitutional lawyer: New York pro-abortion ballot measure would also establish voting rights of non-citizens.)

“This is also to help with trying to just get the average voter to be able to breathe a little bit in between having to go out and run to the polls,” said Democratic State Sen. James Skoufis, noting that his fellow Democrat lawmakers will appeal the ruling.

“This case was always going to be appealed and I fully expect a more objective panel of judges to rule in favor of the law’s constitutionality. In the meantime, the plaintiffs continue to waste local tax dollars on their senseless crusade to preserve lower turnout in elections.”

Neri: It is more important to promote voter education programs

In response to the law, state Republicans sued the New York state government, leading to Neri’s 26-page ruling arguing that the state constitution says the New York State Legislature can act only in relation to “the property, affairs or government” of the state “only by general law.”

Even if legislators acted through a special law, they did not promote a substantial state interest or concern, according to Neri. The magistrate argued that it is more important for state officials to promote voter education programs as a means of increasing turnout rather than mandating that all elections outside of New York City be held on even-numbered years.

The law does not affect New York City elections, which are held on odd-numbered years, since there are specific provisions under the state constitution guaranteeing that the city can keep holding elections on odd-numbered years.

Neri said the law raises questions over the federal requirement that governments provide equal protection to people under the law.

“Are the urbane voters of New York City less likely to be confused by odd-year elections than the rubes living in Upstate and Long Island?” Neri asked. He also argued that aligning local and federal elections would cause the size of the ballot to balloon, supporting concerns from plaintiffs that keeping the law in place would stoke confusion and cause some voters to stay home.

The issue is exacerbated by not all elections being consolidated to even years. Under the law, some races outside of New York City, including those for sheriff and district attorney, can still be held during odd years.

“While the Even Year Election Law would impact virtually every county outside of New York City, certain county offices and the entirety of New York City remain exempt. The proffered reason for this is that it would take a constitutional amendment to change elections for those offices. As we have seen with Article IX, the fact is it would take a constitutional amendment to change the elections for any local offices,” the judge wrote.

“The purported state interest does not pass the smell test. Voters participate when they are aware, informed, and believe their vote matters. Timing, as evidenced by the above, is a secondary or tertiary concern. Further distinguishing state from local concern is the fact that none of the affected offices are state offices. There is simply no state interest in the timing and changing of terms of local offices.”

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