Pushback emerges on Suffolk's new rule extending term lengths for lawmakers

Despite bipartisan support to pass a measure extending the length of terms for Suffolk County legislators, pushback has already emerged from Democratic Party leaders, including possible litigation to overturn the voter-approved referendum. 

Committee Chairman Rich Schaffer told Newsday Tuesday night he believes the referendum will “be found unconstitutional,” forcing lawmakers to run again in 2026.

The proposition received just over 57% approval, according to unofficial results Wednesday from the Suffolk County Board of Elections.

Voter approval of the referendum allows the legislators elected Tuesday to serve a four-year term. Those who take office Jan. 1 would run for reelection in 2028, however, thanks to the state shifting local elections to even years. Lawmakers said even-year election was the driving force behind the referendum to avoid three elections in four years.

Jesse Garcia, chairman of the Suffolk County Republican Committee, said he believes the measure will stand up to a legal challenge.

“It wouldn’t be the Democrats if they didn’t try and challenge, you know, the will of the electorate in court,” he said late Tuesday.

He said the legislation to present the referendum to voters was approved in a bipartisan vote.

“The legislature would not have moved forward if there was not precedence for it,” Garcia said.

Schaffer could not be reached Wednesday for additional comment  and campaign manager Keith Davies said in a text message, "We're taking a look at it," in response to a Newsday inquiry seeking additional clarity on when the party would decide whether to sue. The law takes effect Jan. 1.

Republicans introduced legislation called the Term Limit Preservation Act in June. County Executive Edward P. Romaine signed into law in July.

Several experts Newsday interviewed recently questioned the legality of the measure since it changes terms for those officials currently on the ballot.

Presiding Officer Kevin McCaffrey (R-Lindenhurst), who exits office at the end of the year due to 12-year term limits, said it's "craziness” to otherwise hold elections in 2025, 2026 and 2028.

Extending term lengths "adds to the continuity of government and that’s the important thing," he said.

Legis. Jason Richberg (D-West Babylon), the minority leader who was reelected, said Wednesday he was unaware of potential litigation. He said the caucus supported the legislation since it was ultimately up to the voters to decide. 

"There might be some new ideas that weren't available to us at the time," he said.

Legis. Samuel Gonzalez (D-Brentwood), who also won reelection, sponsored legislation in 2020 to extend the length of terms from two to four years. He said he's "torn" and "right in the middle on this."

"It kind of looks like it's a chess match countering each other," he said.

He said he would have preferred the legislative elections to coincide with presidential elections.

Voters in 2020 overwhelmingly rejected the measure, which did not have Republican support. If it had been approved that year, the change would have taken effect after the 2021 general election.

In 2022, voters also approved a proposition to reaffirm 12-year term limits after former Legis. Kate Browning ran for office in 2021 after previously serving 12 years. The change clarified term limits applied to a lifetime total, not consecutive terms.

Newsday's John Asbury contributed to this story.

By Joe Werkmeister

joe.werkmeister@newsday.com

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.

---