Suffolk lawmakers consider extending terms in response to new state election law

Republican Suffolk lawmakers have proposed extending the length of terms for legislators from two to four years in response to a 2023 state law shifting local elections to even-numbered years.

The change would allow the county to avoid three elections in four years, according to the proposed legislation. Without extending terms from two to four years, the winners in November’s election would have to run again in 2026 and 2028 to abide by the new state law.

Legis. Kevin McCaffrey (R-Lindenhurst) said lawmakers only proposed the change in response to the “ill-advised” state law, which faces a Republican-led legal challenge pending before the state’s highest court.

“It’s worked in the county legislature to have two-year terms,” said McCaffrey, the presiding officer who is term-limited at the end of this year.

Extending the term would not change the 12-year term limit that has been in effect since 1993. But the lawmakers are also proposing to tweak term limits to grandfather in current legislators to allow them to serve out their final term if it extends past 12 years.

McCaffrey said otherwise current legislators could reach their term limit in the middle of a term, forcing them to resign. He said the situation would create “chaos” and also cost money for special elections.

A resolution on the bill was tabled for public hearing Friday by the Ways & Means Committee. The hearing will be held at 2 p.m. Tuesday during the legislature’s general meeting in Smithtown.

If adopted by lawmakers and signed by County Executive Edward P. Romaine, the proposal will appear on the November ballot as a referendum. McCaffrey said lawmakers would scrap the proposal if the state law is overturned before then.

McCaffrey said he expects the governing body to have enough time to pass the measure in time for November's election.

Some legislators said they would prefer four-year terms. 

Legis. Steven Flotteron (R-Brightwaters), the deputy presiding officer, said “we spend sometimes more time campaigning than doing the job.”

Legis. Robert Trotta (R-Fort Salonga), who chairs the Ways & Means Committee and is term-limited this year, said while there’s typically wide support for term limits, “people don’t necessarily like” four-year terms.

But he said he believes the longer terms “takes a little bit of the special interest money out” and helps bring elected leaders closer to their constituents.

Legis. Jason Richberg (D-West Babylon), the minority leader, said his caucus is "OK with the four-year terms" but it should ultimately be voters' decision. He added that aligning local elections with higher-turnout even years promotes more voter engagement. 

"I think what we should be striving for is to have elections where more people can participate," he said.

Currently, the county executive serves a four-year term. The winner of the 2027 election would serve a three-year term if the law is upheld. Romaine joined Nassau County Executive Bruce Blakeman and other Republicans last month at a news conference to denounce the state law.

Litigation remains pending after a midlevel appeals court upheld the state law in May, allowing it to take effect without delay. That decision overturned a lower court’s ruling striking down the law last year.

The case now heads to New York’s top court, the Court of Appeals, for a hearing in September.

Gov. Kathy Hochul, a Democrat, signed the law in December 2023 and described it as "a significant step toward expanding access to the ballot box and promoting a more inclusive democracy.”

McCaffrey, however, criticized the law and said Democrats passed it to help them win elections.

"What might be a better idea is to have better ideas and better candidates," he said.