NYS appeals court upholds plan to move local elections to even-numbered years

A mid-level court has upheld a state law to move local elections in New York to even-numbered years to align them with state and federal contests.

In doing so, the Western New York branch of the Appellate Division dealt a blow to Republicans who say switching voting years is a partisan effort by Democrats who historically have better turnout in even-numbered years.

Republicans trying to overturn the statute included Onondaga County Executive J. Ryan McMahon, who led the lawsuit, Nassau County Executive Bruce Blakeman and a handful of other county executives.

The five-judge appellate panel dismissed the Republicans’ claim that the new law violated the state constitution and "home rule" guarantees provided to municipalities. The judges also said there is no reason to delay implementation of the law until 2027.

"We reject plaintiffs’ arguments that Article IX, Section 1 of the New York Constitution grants local governments the constitutional right to set the terms of office for their officers," the judges wrote in a decision issued late Wednesday afternoon.

In fact, they said, no provision of the constitution "gives a county exclusive local control over the manner in which local elections will be held or the specific details of each office."

The new law applies to every county outside of New York City and would phase-in even-year elections over a few years. Republicans could ask the Court of Appeals, New York’s highest court, to hear the case.

One thing either side of the case has agreed on: The switch to even-year elections could radically change New York politics.

Democrats and voting advocates have argued the switch to even-numbered years will lead to better turnouts, less confusion for voters and less cost to counties who otherwise have to hold elections every year.

"Our local and county governments have direct, day-to-day impact on our families and communities and, yet, voter fatigue has led to disastrously low levels of voter turnout in odd-numbered years without presidential or congressional races on the ballot," Sen. James Skoufis (D-Cornwall). "Our common sense move to enact even-year elections will empower our voting public and will foster a more inclusive, more representative democracy."

Republicans, who historically fare better in odd-numbered years in New York, say the switch is all about Democrats trying gain electoral advantage. They also argued important local contests would be ignored by the public if staged while gubernatorial and presidential elections are occurring.

In a statement, State Republican Chairman Ed Cox said: "This decision is wrong and will be appealed to the state's highest court, while we also explore federal litigation and other options."

Blakeman did not comment immediately on the court's decision.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy