New York's top court affirms law shifting local elections to even-numbered years

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ALBANY, N.Y. (AP) — New York's highest court on Thursday upheld a law shifting local elections to even-numbered years, bringing most county and town elections in line with statewide and federal races.

The state Court of Appeals ruled unanimously that legislation passed into law in 2023 by the Democratic-controlled state Legislature was constitutional.

“We hold that there is no express or implied constitutional limitation on the legislature’s authority to enact the Even Year Election Law and therefore affirm,” the judges wrote in their 12-page decision.

Gov. Kathy Hochul, a Democrat, called the decision a “victory for democracy” that gives more New Yorkers the “opportunity to make their voices heard.”

“By aligning local elections with the state and federal calendar, we’re making it easier for New Yorkers to participate in government,” she said in a statement. “At a time when voting rights are under attack across the nation, New York is proudly moving in the opposite direction.”

Democrats had argued the measure would increase voter turnout in local races.

Republicans sued, arguing not only that the change required a constitutional amendment and voter approval in a statewide referendum, but that it could give Democrats a partisan advantage in higher-turnout election years.

A lower court judge struck down the law last year, but a mid-level appeals court overturned the decision earlier this year.

The state's top court, agreeing with the mid-level court, said Thursday that there was also no reason to delay implementation of the law until the next election cycle in 2027.

That means many candidates elected into office this year for two-year terms would have to seek reelection a year sooner, in 2026.

The new law doesn't affect all local races, however. Elections for New York City officeholders and certain local posts such as county district attorney are held on odd-numbered years under the state constitution.

A referendum that would move New York City elections to the same year as federal presidential elections is on next month's ballot, where city residents will also be picking their next mayor.

If city voters approve the question, state lawmakers would still need to amend the state constitution and statewide voters would also have a say in a wider referendum.