An appeal is likely of a recent court decision that ruled the state’s move of local elections to even years violates the state constitution.

The lawsuit was filed in late March in state Supreme Court in Onondaga County by J. Ryan McMahon, Onondaga county executive, the Onondaga County Legislature and Onondaga County. The county seeks a judgment that the state’s even-year election requirement violates the state constitution, a judgment saying the Onondaga County Charter falls within the Savings Clause of the state constitution and is valid despite the enactment of the even-year election law, a permanent injunction prohibiting county elections commissioners or their staffs from enforcing the even-year election law and costs and attorneys’ fees. Several other counties – Dutchess, Jefferson, Oneida, Orange, Nassau, Rensselaer, Rockland and Suffolk – joined the lawsuit.

State Supreme Court Justice Gerald Neri of Onondaga County ruled against arguments by the state that the lawsuits should be dismissed. The state argued the even-year election law is a general law that is allowed given its purpose to increase voter turnout. The state also argued that even if the court found the even-year election law is a special law, it should still be valid because it deals with an area of state concern.

Neri disagreed with the state’s arguments, denying the motion to dismiss and ruling the law unconstitutional. He wrote Article 9 of the state Constitution prevents the state from interfering with existing county charters, while existing state law reinforces the counties’ right to set their own terms of office.

“To accept the defendants’ view would be to accept a mirage of constitutional rights; while they may appear on paper, when one attempts to utilize those rights they disappear,” Neri wrote. “If we are to accept the defendants’ view on Article 9, then the rights contained therein are not rights at all, but merely suggestions to be accepted or ignored by the state at any given moment; instead of the strong local governments envisioned by Article 9, the various counties of New York get reduced to colonial outposts of the Empire State.”

The counties argued that voter turnout for local elections should be considered a local concern, with voters’ interest in a race playing a greater factor in turnout.

Versions of A.4282 and S.3505 have been introduced in the Senate since 2013, though the 2021-22 legislative session was the first time a companion bill had been introduced in the state Assembly. The legislation was opposed by state Sen. George Borrello, R-Sunset Bay, and Assemblymen Andrew Goodell, R-Jamestown, and Joe Giglio, R-Gowanda.

The legislation would take effect in 2025 with some elected officials serving shorter terms in order to shift the elections to even years. The legislation also changes the ballot by establishing a structure all counties will use to list the offices up for election. Executive positions like the President of the United States and Governor go first, followed by other federal and state offices. All candidates who do not have an affiliation to a political office or are judicial candidates who are viewed as non-partisan, would be listed on the latter half of the ballot.

The state Constitution doesn’t allow changes for several offices — including county clerks, district attorneys, county sheriffs and town justices — while cities are allowed to continue holding their elections in odd years. New York City is currently not affected, though Assemblywoman Amy Paulin, D-Scarsdale, said she would like to force the city to change its election schedule as well.

“Are the urban voters of New York City less likely to be confused by odd-year elections than the rubes living in Upstate and Long Island?” Neri asked. “While the even year election law would impact virtually every county outside of New York City, certain county offices and the entirety of New York City remain exempt. The proffered reason for this is that it would take a constitutional amendment to change the elections for any local offices. The purported state interest does not pass the smell test. Voters participate when they are aware, informed and believe their vote matters. Timing, as evidenced by the above, is a secondary or tertiary concern. Further distinguishing state from local concern is the fact that none of the affected offices are state offices. There is simply no state interest in the timing and changing of terms of local office.”

Sen. James Skoufis, D-Cornwall and sponsor of the even year election bill, told Spectrum News the state intends to appeal the decision.