What to know about Suffolk's ballot question over extending the length of legislative terms
Voters fill out ballots on the first day of early voting at the Dix Hills Fire Department in Dix Hills on Oct. 26, 2019. Credit: Newsday/John Paraskevas
Suffolk County voters this election cycle will decide whether to double the length of terms for county legislators from two to four years, a change lawmakers say is in response to a state law shifting local elections to even-numbered years that is now the subject of a lawsuit.
County Executive Edward P. Romaine signed the Term Limit Preservation Act in July after it was passed with bipartisan support through the legislature, allowing the measure to appear on the Election Day ballot.
“This important measure ensures that our elected leaders can remain focused on serving the people and tackling the real challenges facing our communities,” Romaine said after signing the bill.
Here are some of the key questions around the referendum:
Why are lawmakers proposing the change now?
In 2023, Gov. Kathy Hochul signed a law to line up local elections with gubernatorial and presidential elections on even-numbered years starting in 2026. As a result, the winners of 18 legislature seats in November will be forced to run again in 2026 and 2028. Three elections in four years risks “potential for voter fatigue,” according to the legislation.
If voters approve the referendum with a majority vote, the winners in this year's legislative races would serve a three-year term and be up for reelection in 2028 to coincide with the presidential contest.
State Democrats have said moving local elections to even years boosts voter participation and saves taxpayer money by eliminating the need for elections every year. Some county positions, though, such as district attorney, sheriff and county clerk, are exempt since those terms are set in the state constitution. The years for those positions remain unchanged.
Didn't Suffolk voters weigh on this before?
Yes. In 2020, Legis. Samuel Gonzalez (D-Brentwood) sponsored legislation to increase terms from two to four years. The bill faced opposition from Republicans but narrowly passed the legislature so it can appear on the ballot. Voters overwhelmingly rejected the referendum with 70% disapproval.
Gonzalez, in a recent interview, said he supported the latest attempt even though it was introduced by Republicans.
“We spend a year working, doing what a legislator and an elected official should be doing,” he said. “And then the other year, campaigning.”
Why are Republicans now backing the change five years later?
Republicans across New York criticized the Democratic initiative to move local elections to even-years as a power grab. Suffolk Republicans viewed the referendum as pushback against the state.
Presiding Officer Kevin McCaffrey (R-Lindenhurst), who is term-limited after this year, previously told Newsday he thought the two-year terms worked fine and lawmakers would have not have proposed the change if not for state law.
Turnout among Democrats statewide has historically been higher during gubernatorial and presidential years. The New York State Association of Counties opposed the change, arguing it results in voters paying less attention to local elections.
Hochul and Democrats have countered that the change makes it easier for voters.
"Why are we afraid to allow the voters to show up and elect who they want?" Hochul said in May. "Why not make it easier for them?”
Why must the law go before voters as a referendum?
A change to the county charter, which includes terms of office, is subject to a public referendum under New York State law.
Does the referendum change term limits?
No. Currently, legislators can serve a maximum of 12 years and that remains in effect either way. The referendum, however, does allow a legislator’s term to be extended if their 12th year concludes in the middle of a term. For example, a lawmaker who was voted into office in 2021 who continues to be reelected could be term limited in the middle of the seventh term in 2033 due to the change.
Lawmakers say adding that caveat prevents lawmakers from resigning in the middle of a term, forcing the county to hold a special election to fill the vacancy.
What did voters recently approve regarding term limits?
In 2022, voters overwhelmingly approved a proposition to reaffirm 12-year term limits. The proposition tightened the existing term limits after a former legislator sought a seventh, but not consecutive, term in 2021.
What’s the argument against changing term lengths?
Former Suffolk legislator and County Executive Steve Levy, a Democrat, said while he understood the frustration over a “pure partisan grab by Albany Democrats,” the inconvenience of multiple elections in a short time is “better than the alternative in doing away with the two-year term.”
He said traditionally, executive positions like county executive and governor are set to four-year terms. He said those elected officials are responsible for building an administration. Changing management every two years “could be very chaotic," he said.
Legislators who vote on policy changes and oversee spending are supposed to be “as close to the people as possible,” Levy said.
Legislative seats in the U.S. House of Representatives and state level in the Assembly and Senate all have two-year terms, compared to four years for president and governor.
“The Founding Fathers had it right,” Levy said. "The two-year term is closer to the people, and there's no reason to change that now.”
Is the change to even-year elections set in stone?
Not quite. Litigation challenging the state law remains pending. A hearing before New York’s top court was scheduled for Monday. A midlevel appeals court upheld the state law in May, a decision that overturned a lower court’s ruling striking down the law last year.
When does voting begin?
Early voting begins Oct. 25 and runs through Nov. 2. The exact locations and times are not yet available. Election Day is Nov. 4. More information on early mail ballot applications and absentee ballots is available at suffolkcountyny.gov/Departments/BOE.
Correction: If the election-year law passes, members of the legislature elected this year can run again in 2028 for a four-year term. A previous version of this article misstated when members can run for a four-year term.
Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
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