A New York state appeals court has ruled the new state law that will move many local elections to line up with state and federal elections in even-numbered years is constitutional, reversing a lower court judge’s decision last fall.
The court on Wednesday ruled against Republican-led challenges to the law in that it conflicts individual county charters. Twenty New York counties are chartered, meaning they have locally drafted and approved laws outlining the structure and authority of county government, and there have been three separate amendments in the state Constitution allowing for and protecting counties’ abilities to govern through charters.
The court ruled that the state constitution gives local govermments the right to a “a legislative body elective by the people” and to adopt alternative forms of county government, “but neither of those provisions gives a county exclusive local control over the manner in which local elections will be held or the specific details of each office.”
At issue is a law passed by the New York state Legislature and signed by Gov. Kathy Hochul in December 2023 that moves several local elections outside of New York City to even-numbered years starting this year, with the exception of some city or village elections, and races for county clerk, sheriff, district attorneys, local judges and others protected in the state Constitution.
The Republican-led challenge, initiated in Onondaga County, also argued the law is not a “general law,” which applies alike to all counties other than those wholly included within a city, all cities, all towns or all villages.
“We reject that argument as well,” the court wrote, siding with the state’s argument since the even-year law applies to all counties outside New York City.
The court ruled other challenges into the law invoking the state and U.S. constitutions did not have merit.
Advocates for the law argued the change will boost voter turnout in local elections. Opponents have feared the change will mean local interests will have to compete for attention with more widely covered state and national issues.
The challengers have the option to appeal to the state’s highest court. Onondaga County Legislature Chairman Tim Burtis said they “most certainly” will.
“I am deeply disappointed by the decision of the five member Appellate Division yesterday,” Burtis said in a statement. “They completely overlooked the fact that Onondaga County is governed by a charter which clearly sets the foundation for our elections in our county, which should not be changed on a whim by state officials.”
