New York law changing local elections to even years ruled unconstitutional

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A New York judge ruled Tuesday that a state law that moves various local elections to even years violates the state constitution.

The law, signed by Gov. Kathy Hochul (D-NY) in 2023, would have moved various local elections, except New York City elections, to even years, in line with congressional and state elections. Various localities in the Empire State challenged the law for violating the state constitution’s protections for local governments to determine how their governments are set up.

State Supreme Court Justice Gerard Neri agreed with Onondaga County officials who brought the legal challenge against the state.

“The prerequisites of a special law were not followed, and the subject matter of the Even Year Election Law is inherently a local issue as it affects no state offices. The Even Year Election Law is unconstitutional as specifically prohibited by Article IX of the New York State Constitution,” Neri said in the ruling.

Neri also claimed that moving local races to even years would mean the contests would receive less attention than the current off-year schedule.

“Be it in the local paper, television, radio, online, or one’s mailbox, the competition for a voter’s attention is fierce,” Neri added. “New York and the Plaintiff Counties are home to some of the most competitive House of Representative races, and with that competition comes massive spending on advertising. There is simply no way local races can compete and obtain media attention, paid or earned, in that maelstrom.”

Onondaga County Executive Ryan McMahon, who helped spearhead the lawsuit, told Spectrum News 1 that the court ruling was a “clear and decisive victory for the voters.”

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“As out of touch legislators in Albany are constantly passing unfunded mandates and crippling regulations, the decision today made it crystal clear that home rule law is still a vital component of the New York State constitution,” McMahon said in a statement.

The law was set to go into effect in 2025.

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