Appellate Division, Fourth Department Upholds New York Even Year Election Law
By: Joseph T. Burns
The 2023 law moving most local elections in New York State was unanimously upheld by the Appellate Division, Fourth Department. This law moves the elections for all local offices to even-numbered years. Exempted from this law are elections for city officials, judges, county clerks, county sheriffs, and district attorneys.
The bill moving these local elections to even years was signed into law by Gov. Kathy Hochul in 2023. A State Supreme Court Justice in Onondaga County heard the challenge to this law and found that it violated the state constitution’s provisions protecting local governments’ ability to organize themselves.
Under the provisions of this law, local officials, at their next election, will run for a term of one or three years if they would normally run for a term of two or four years, respectively. That shortened term would then be followed by elections for full length terms.
The law was challenged by a number of local governments from across New York State. Because the 4th Department decision was unanimous, these local governments will need to seek leave to appeal from the Court of Appeals. If the Court of Appeals grants leave, the appeal is expected to be argued next week.
The full decision of the 4th Department can be accessed here.
We will continue to monitor the challenge to the even year election law and provide updates when appropriate.
