Upstate judge voids new even-year elections law

                                                                                     

 

An Onondaga County judge today threw out New York's new even-year voting law enacted by the Democratic-controlled state legislature and signed into law by Democratic Gov. Kathy Hochul in December, 2023.

Supreme Court Justice Gerard J. Neri, a Republican, not only voided the new law, which was to take effect next year, but he essentially sneered at the arguments used to enact it.

Neri noted that the state legislature contended it had the authority to overturn county charters and home rule voting schedules because elections are a "state concern." 

But "the mere statement by the Legislature that subject matter of the statute is of State concern does not in and of itself create a State concern," Neri wrote, citing legal precedent.

He noted, "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
offices."

Democrats had pressed for the change as a way to increase voter participation.

Currently county, town and village elections occur in odd years while presidential and gubernatorial elections are held in even years.

Traditionally, odd-year elections draw far fewer voters.

 “New York's current system of holding certain town and other local elections on
election day, but in odd-numbered years leads to voter confusion and contributes
to low voter turnout in local elections," the state argued. "Studies have consistently shown that voter
turnout is the highest on the November election day in even-numbered years when
elections for state and/or federal offices are held. Holding local elections at the
same time will make the process less confusing for voters and will lead to greater
citizen participation in local elections."

But Republican opponents said the only reason Democrats want the change was to increase their chances of winning in local elections.

They argued the even-year ballots will be so loaded with national and state candidates and issues that voters will never make it to the local elections at the end.

At least eight of New York's largest counties, including Nassau and Suffolk, sued to overturn the law. The cases were consolidated in Onondago Supreme Court.

 Neri wrote in his decision, "The purported state interest does not pass the smell test. Voters participate when they are aware, informed, and believe their vote matters."

 The judge noted that New York City is exempt from the even-year voting law and will continue to hold odd year elections.

"Are the urbane voters of New York City less likely to be confused by odd year elections than the rubes
living in Upstate and Long Island? Neri wrote.

He also compared the state legislature to the former USSR.

"The arguments of the State Defendants brings to mind how the late Justice Scalia was
fond of explaining how the constitution of the former USSR contained a bill of rights which in
many respects was better than our own, as it set forth many more rights. The difference, he
noted, was the structure of the United States’ Constitution was superior in that there were
mechanisms built in to actually enforce those rights, " he wrote.

To accept the state's view, he continued,  "would be
to accept a mirage of constitutional rights; while they may appear on paper, when one attempts to
utilize those rights they disappear."

His decision will undoubtedly be appealed and probably end up at the state's Court of Appeals.