The Onondaga County Legislature approved a local law Tuesday allowing Democrats to sue the county Board of Elections for refusing to put a term limits bill, mistakenly signed by County Executive Ryan McMahon, on the ballot this November. But before the meeting, Republicans floated a new potential compromise.
Democrats who spoke at the meeting said any potential litigation could be avoided if it weren't for one person: Republican County Elections Commissioner Kevin Ryan. Ryan has refused to put the accepted version of the law, which would limit the county executive and comptroller to three terms, or 12 years total, on the ballot this November, saying McMahon's mistake was just that, a clerical error. Ryan has said since McMahon intended to veto the law, the veto should stand. Democrats say the county charter specifies that since the signed order accepting the law arrived first, that is the one that should stand.
"Is the Board of Elections commissioner required, in fact, to place the law on the ballot as the law requires them?" said County Legislature Chairwoman Nicole Watts. "A public officer can't refuse the law. It can't be allowed to happen. That the Board of Elections deny the voters the right to choose is not democracy."
Legislator Mo Brown said litigation wouldn't be necessary if Ryan allowed the law to go before voters.
"We have the option to litigate, but hopefully we won't need to because that Board of Elections commissioner will realize that they're fighting on an island and alone, because everyone in this community, everyone in this body at least, is in favor of 12-year term limits," Brown said.
Both the Republican and Democratic elections commissioners must accept the law for it to be placed on the November ballot. Democratic Commissioner Dustin Czarny has said he would accept it.
The final vote to approve any potential litigation was 10-7. Democrat Charles Garland voted against the measure, Republican Ken Bush voted in favor.
A few hours before the meeting, Republicans floated a new idea. Rather than go to court, they propose to enact the 12-year term limit on the county executive and comptroller. But instead of it going before voters, lawmakers would amend the county charter to make it law.
"This law would supersede last month's local law, and not be subject to referendum," said Republican Legislator Cody Kelly. "It won't be tied up in court. It would deliver the end result that we've all been arguing about."
In a statement after the vote, a spokesperson for County Executive Ryan McMahon continued to blame Democrats for playing politics.
"While others have chosen litigation over collaboration, County Executive McMahon will remain focused on governing and delivering results for the people of Onondaga County," said spokesperson Justin Sayles. "His door remains open to anyone prepared to work in good faith toward a responsible resolution, without burdening the taxpayers with unnecessary litigation costs.”
The new compromise is expected to be taken up later this month with a full vote of the legislature on September 1.
