The New York state Court of Appeals began hearing arguments Monday over the constitutionality of the new state law that will move many local elections to line up with state and federal elections in even-numbered years.
At issue is a law passed by the 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.
A Republican-led challenge has brought the law through a lengthy legal battle, arguing 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. Challengers 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.
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.
In May, an appeals court reversed a lower court judge’s ruling and sided with the state, ruling the law is constitutional. Challengers appealed to the state’s highest court.