In a big win for Democrats who want to run the board in New York State elections in every cycle long into the future, the Appellate Division, Fourth Department of NYS Supreme Court unanimously ruled (5-0) that it does not violate the NYS Constitution for Albany to dictate to localities when they must hold their elections.
The so-called Even Year Election Law will go into effect. Under the ruling, most NYS local and county elections will be shifted to even years with the exception of cities, Judges, County Clerk, Sheriff’s and Districts Attorneys.
The goal of Democrats with this elections change was to tip the scales in their direction by having elections in even years where there is higher Democrat turn out in Presidential and Gubernatorial years. Democrats claim they wanted this to boost turnout, but many say this is more about elevating Democrat messaging in Presidential and Gubernatorial years making it harder for local Republicans and Conservatives to have their voices heard.
“The decision surprised me. The state constitution offers broad protections to local governments and how they organize themselves. With this decision, I’m not sure what constitutional protections remain for local governments,” says election law expert and partner at Holtzman Vogel, Joe Burns
Onondaga County Republicans led the way for the challenge and were later joined by other counties. With the loss in court, the Even-year Law goes into effect immediately. Local officials on the ballot now will run for shortened terms and then run again in the next even year.
New York State Conservative Party Chairman Gerry Kassar says, “From day one the Democratic concept of stacking even year elections with candidacies from President to town council was propagated by a cynical view towards partisan politics.”
“The real losers will be the citizens who will be limited in their ability to familiarize themselves with candidate positions on local issues when state and national elections dominate the airwaves, digital media and mail boxes. Candidates for local office will find it equally difficult to break through. And the basic American ideal of an even playing field will have been squashed,” Kassar added.
Burns added, “Looking ahead, it’s going to be difficult for these candidates for town supervisor or town council or county legislature to get their messages out to voters in years where candidates for Congress or President get all of the public’s attention. You’re going to see the further nationalization of local government and politics, and that’s not good democracy.”
A request can be made to the Court of Appeals to take this further, but they are not obligated to take the case. With a 5-0 decision, further appeal seems unlikely.