The case for even-year elections for many county and town races got a big boost from a state appellate court decision last week, and could result in election changes as soon as this November.
The appellate court ruling upheld New York’s Even Year Election Law, after an Onondaga County judge declared the law unconstitutional last year. The 2023 law would move some county and town-level elections from odd-numbered years to even-numbered years, to coincide with state and federal elections.
Onondaga County Democratic Elections Commissioner Dustin Czarny said the law would drastically increase voter turnout in those races.
“A gubernatorial election will have anywhere from 55-60% turnout in Onondaga County,” Czarny said. “A presidential election will have anywhere from 72-77% turnout. An odd-year election will only have around 33% turnout, and that's a good turnout year. It can be as low as 30%, 28%.”
Several counties that are organized with county charters sued the state over the law, including Onondaga County Executive Ryan McMahon. Onondaga County State Supreme Court Judge Gerard Neri declared the law unconstitutional, saying the law violates the rights of local governments to control their own affairs. McMahon has said the county plans to appeal the ruling to the New York State Court of Appeals, the state’s highest court.
Czarny said if it holds up against another appeal in September, it could mean changes as soon as this November.
"A lot of the people running this year that are on two-year terms will have their term shortened into one year. County legislature, most town offices, and they'll have to run again next year,” Czarny said. “And then they will they'll get their full terms next year and they'll be on even years going forward."
The appeal is expected to be heard in September. There are exemptions to the law, including city and village races, as well as some judicial contests and others with terms set by the state. The law also does not apply to elections in New York City.
