New York state’s top court upheld a law moving many town- and county-level elections to even-numbered years, a ruling that could potentially pave the way for New York City and other jurisdictions to do the same.
The Court of Appeals on Thursday unanimously ruled against Republican-led counties that argued the law was an unconstitutional scheme to bolster Democrats’ chances in local elections by holding them concurrently with the gubernatorial and presidential races. New York has backed a Democrat for president each cycle since 1984.
But Democrats said the law is meant to boost voter participation by reducing the frequency of trips to the polls and aligning the local races with state and federal races, which generate far higher turnout overall. Attorneys for the state argued there was no constitutional restriction on moving local elections from odd years to even.
The court ultimately agreed with the state, with Judge Michael Garcia — a Republican appointed by Democratic then-Gov. Andrew Cuomo — authoring the unanimous opinion that found there is “no express or implied constitutional limitation” on the state Legislature’s ability to move the elections.
“The [even-year election law] is a neutral law which changes the timing of elections in a manner common to all voters, and imposes no form of restriction, burden, or limitation on voting,” Garcia wrote. “As a result, dismissal of these claims … was appropriate.”
The law applies to town and county offices like county executive and town supervisor, which are generally elected in odd-numbered years, opposite the national and statewide elections. It does not apply to district attorney and city-level elections, held on dates set by the state constitution.
The law, which Gov. Kathy Hochul signed in late 2023 after the Democrat-led Legislature approved it earlier that year, will be gradually phased in over a period of years.
Like other cities, New York City will retain its odd-year elections — at least for now.
City voters will decide in November whether to approve a ballot measure that would align the city’s elections — including mayor, public advocate, comptroller and more — to presidential election years. If passed, it would next be up to the state Legislature to begin the multi-year process of amending the state’s constitution to institute even-year elections in the city.
Consecutively elected sessions of the state Legislature would have to authorize an amendment before it’s put to a statewide referendum by voters.
The earliest that could happen is late 2027.