Even-Year Local Elections in New York: Legislature Advances Constitutional Amendment Affecting Certain County, City, and Judicial Offices

By: Joseph T. Burns

Before ending their 2026 session, the New York State Legislature provided the first passage of a constitutional amendment that would move the election for nearly all remaining local offices to even years.  This comes after a bill was signed into law by Gov. Kathy Hochul in 2023 that moved almost all town and county elections to even numbered years.

The proposed amendment would enable the movement of elections for sheriffs, district attorneys, county clerks, most judicial offices, and most elected city offices to even-numbered years.  Currently, the state constitution requires that elections for city offices occur in odd-numbered years, and because elections for sheriffs, district attorneys, county clerks, and judges are always held for full terms, those offices are currently elected in a mix of odd- and even-numbered years.  The amendment would create a constitutional mechanism permitting the state legislature to provide for those offices to be elected in even-numbered years.

What is noteworthy, however, is what offices would not be impacted by this amendment.  The amendment specifically states that it does not apply to city offices and judicial offices within the City of New York.  The amendment exempts those offices from being elected on even year cycles.

While this amendment to the state constitution passed both houses of the state legislature this year, it is still a long way from becoming a part of the state constitution.  It will next need to be approved by both houses of the next elected state legislature.  As the entire state legislature is up for election this November, the legislators taking office on January 1, 2027, could vote to approve this amendment.  Should each house of the state legislature pass this amendment a second time, it would then need the approval of the voters of New York State in a referendum.  This could occur as early as Election Day 2027.

The effort to move local offices to even year election cycles in New York has been a controversial one in recent years.  In 2023, the state legislature passed and Gov. Hochul signed into law a bill that requires most town and county officials to be elected on even year cycles.  This law was challenged by a number of local governments and local government officials as violating certain protections for local governments found in Article IX of the state constitution.  While the challenge by the local governments and local officials was successful at the trial level, both the Appellate Division, Fourth Department, and the Court of Appeals found that the law was constitutional.  A challenge to the law in federal court is ongoing.

The transition from odd to even year elections for certain county and town offices is already underway.  As part of the transition under the 2023 statute, certain officials elected in 2025 ran for shortened terms in order to move those offices onto even year cycles.  Candidates who would have normally run for two-year terms, ran for a one-year term and run again this year for a full two-year term.  Those candidates who would have normally run for four-year terms ran for three-year terms; at the end of those three years, they will again run for four-year terms.  This allows for a transition for these offices to be elected on even year election cycles.

The issue of even year elections for local officials came before the voters of the City of New York last year as an amendment to the city charter.  That 2025 charter amendment, which appeared as question six on the ballots of New York City voters, would have moved city municipal elections to even year cycles provided the state constitution was amended to allow for it.  The proposal failed with almost 53% of voters voting against it. 

Then candidate and now mayor Zohran Mamdani stated publicly that he voted against question six.  This is ironic since as a state assemblyman, Mamdani voted in favor of the bill to move nearly all town and county elections to even year election cycles.

For now, the amendment to move most remaining local offices to even year cycle elections is still in the early stages of the process for amending the state constitution. But because the proposal would affect the timing of a substantial number of local and judicial elections, local governments, candidates, party committees, and election administrators should begin evaluating how a 2027 ratification could impact future election planning, term transitions, and campaign strategy.