Written by Ashton Snyder on
 October 10, 2024

Judge Declares New York Law on Election Timing Unconstitutional

A legal battle over election schedules in New York takes an unexpected turn.

As reported by the Times Union, a state Supreme Court justice in Onondaga County has invalidated New York's Even Year Election Law, ruling it unconstitutional and infringing on counties' authority to organize local elections.

The controversial law, which was supported by Democrats in the state Legislature and signed by Governor Kathy Hochul in December, aimed to align many local elections with even-year races for governor, president, and Congress. Proponents argued that this change would lead to increased voter turnout and reduce confusion.

However, the law faced immediate legal challenges from various parties, including a group of voters, several towns, and Republican county executives from multiple counties across the state. These lawsuits were consolidated into a single case, which resulted in Tuesday's ruling by Justice Gerard J. Neri.

Court Finds Law Violates Constitutional Principles

Justice Neri's decision highlighted several key issues with the Even Year Election Law. He noted that previous opinions from the state attorney general, rulings by the Court of Appeals, and the state constitution's bill of rights for local governments all support the notion that counties have the authority to manage their own government structures.

The ruling also addressed concerns about potential voter confusion and decreased participation in down-ballot races. Neri cited an example from the 2022 gubernatorial race in the town of DeWitt, where a significant number of voters did not cast ballots for a local proposition despite participating in the governor's race.

State Senate Minority Leader Rob Ortt expressed his opposition to the law when it was signed in December, stating:

The touted benefits of this bill are a total sham, concocted to hide the Democrats' goal of expanding one-party control to every level of government.

Home Rule and Local Government Authority

The judge's 26-page ruling emphasized the importance of New York's Municipal Home Rule Law, which grants counties the power to adopt charters governing their functions, powers, and duties, including the manner of election or appointment of officials.

Neri also pointed out that the Even Year Election Law did not apply uniformly across the state, as it excluded New York City's 8.5 million residents and certain county offices. This inconsistency raised questions about equal protection under federal law.

The state constitution was amended in 1958 to establish home rule, granting local governments the right to determine their own rules, including election schedules. Many counties subsequently adopted charters that specified when elections would be held.

Reactions and Implications of the Ruling

Supporters of the law, including Governor Hochul and bill sponsor State Senator James Skoufis, argued that it would increase access to the ballot box. Skoufis contended that the change would benefit disadvantaged voters who might be more likely to participate in even-year elections.

However, organizations representing local governments, such as the New York State Association of Counties and the State Association of Towns, opposed the measure. Chris Koetzle, executive director of the Association of Towns, praised the court's decision, stating:

This is a huge victory for local governments across the state. We have always believed in the importance of local elections and we are very pleased with this court's decision. Local government officials deserve local elections and that's what's best for all communities in (New York).

The ruling striking down New York's Even Year Election Law has significant implications for local governance and election scheduling in the state. It reinforces the principle of home rule and the authority of counties to manage their own electoral processes. The decision also raises questions about the balance between state-level election reforms and local autonomy.

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About Ashton Snyder

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