County continues push back on even year elections

State Motioning to Dismiss Election Law Lawsuit, County Attorney Thomas Humbach Submits Opposition

In about one week, the County of Rockland’s Lawsuit against the State of New York’s Election Law will be heard by New York State Supreme Court Justice Gerald Neri. In late 2023, Governor Hochul signed legislation that will eliminate elections in odd years for local government offices including county executives and legislatures, and town and village executive and board positions. The new law will now force local elections into even years, coinciding with Presidential and Governor’s races. County leaders are outraged at what they have characterized  as an overreach by the New York State government, the County Executive’s office sharing a statement with the RCT denouncing a move they fear will dilute political discourse at the local level.

“In addition to upsetting 250 years, and more, of voting for local elections in odd numbered years, this change will drown out all discussion of local issues as voters are swamped by bigger races with more money to spend on advertising,” according to the statement. 

Supporters of the law, including it’s sponsor, State Senator James Skouifs (D,42), have argued that scheduling local elections to coincide with State and Federal races has been a proven method for increasing voter turnout, and thus enabling a more representative democracy. Executive Day and other local leaders view the new law as an encroachment on county autonomy.  The leaders of Orange, Rensselaer, Onondaga, Nassau, and Dutchess counties agree, and will participate in the Lawsuit filled by Rockland County Attorney Thomas Humbach.

“This law is another attempt to override local charters, laws, and control in a home rule state,” said County Executive Day. “Local governments are the most responsive and responsible to the everyday person and play a vital governance role for drinking water, social services, sewage, zoning, schools, roads, parks, police, courts, jails, trash disposal — and more- and we have a constitutional right to say how our local officials are chosen.”

“The Governor and the State Legislature find that New Yorkers are too “exhausted” and too “confused” to go to the polls once a year,” explained County Attorney Thomas Humbach. “The only solution, they say, is to make a longer and more complex ballot, that will take more time and more effort to research local candidates, every other year.”

The State Legislators who voted for this bill almost entirely represent cities which are not impacted and will continue to have all their elections, as will district attorneys, judges, sheriffs, county clerks, and a variety of other positions, while suburban and rural legislators which are impacted, voted 2 to 1 against this legislation.

In addition, the Rockland County Board of Elections submitted a unanimous opinion to the County Legislature that this will result in higher election costs.

“City governments should not be manipulating our elections, we should be left to our own judgment and decisions on these matters,” concluded Day.

The State of New York’s reply brief is due by August 30th, 2024. An oral argument will be scheduled for a date to be determined in September.