Rockland sues NYS to block even-year elections, claiming law is unconstitutional

NEW CITY ‒ Rockland County has joined other governments that are challenging the constitutionality of a state law moving local elections to even-numbered years.

The government's legal action contends the law violates the county's charter and limits the next term of the county executive and legislators to three years, as opposed to four-year terms.

The Democrat-controlled state Legislature, with support from good-government groups, passed the bill in June over Republican opposition. They argued the change would boost voter involvement in local races — now decided by typically fewer than a third of registered voters — by putting them on the same ballots as higher-interest contests such as those for governor or president.

In December, Gov. Kathy Hochul signed the bill into law, moving local elections — including those for county legislatures and town supervisors — to the same year as state and federal races. Hochul said the move will save money spent on local elections, increase voter turnout, and help combat voter fatigue.

Day: Law overreaches in a home-rule state

Rockland's legal action, and some Republicans, argue that New York is a home-rule state in which local governments — counties, cities, towns, and villages — are granted broad powers to regulate the quality of life in communities and provide services to the people.

Rockland and Oneida, Nassau, and Onondaga counties counter that the state has overridden their constitutional rights to determine how elected officials are chosen.

“This law is another attempt to override local charters, laws, and control in a home rule state and the oath I took is to our Federal and State Constitutions, our charter, and the people of Rockland County, not Governor Hochul,” Rockland County Executive Ed Day said Thursday in a statement announcing the legal action, filed Monday.

Day, a Republican who has won three, four-year terms, argued local governments are the "most responsive and responsible to the everyday person and play a vital governance role for drinking water, social services, sewage, zoning, schools, roads, parks, police, courts, jails, trash disposal — and more — and we have a constitutional right to say how our local officials are chosen.”

Supporters say change will increase voter turnout

Supporters of the law contend state laws supersede local laws. In the political arena, Democrats argue Republican opponents fear larger turnouts of votes when local elections join the ballots with state and federal contests.

Off-year elections, with presidential and gubernatorial contests, usually generate lower voter numbers.

Rockland Legislature Chairman Jay Hood, D-Haverstraw, an attorney, said Day has the right to file lawsuits on behalf of the county.

Hood noted Day filed a lawsuit challenging the congestion tax adopted by the MTA and New York State to charge drivers a fee for entering Manhattan below 60th Street.

While Hood said the Rockland Legislature joined Day's lawsuit to challenge the congestion pricing law, legislators opted not to join him on the election issue. Rockland Democrats hold a majority of 12-5 on the governing body.

"The Legislature decided not to join on this one," Hood said. "The feeling was the initiative would boost turnout. The best possible way would be to have our election at the same time as the higher-up elections, like the president. And there is a cost savings to taxpayers having the elections at the same time."

Hochul's office declines comment on lawsuit

County Attorney Thomas Humbach said the state legally overstepped and "without citation to any evidence, the state believes voters are incapable of voting once a year due to being confused and fatigued."

He said most middle-class people can handle voting once a year.

Day argued residents deserve to hear from their local candidates without interference from national races, which will drown out local concerns. “By filing this suit, we are standing up for home rule and putting the State on notice that we have the right to control our own destinies," he said.

Hochul's press office declined to comment on the lawsuit. A spokesperson referred to the governor's comments when signing the bill into law.

"Every eligible New Yorker deserves the right to participate in the democratic process without unnecessary barriers,” Hochul said. “By signing this legislation, we are taking a significant step towards expanding access to the ballot box and promoting a more inclusive democracy. This is a meaningful first step and I would support a constitutional amendment to align all election years, to save taxpayer dollars and avoid voter fatigue.”

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.comTwitter: @lohudlegal

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This article originally appeared on Rockland/Westchester Journal News: Rockland County NY challenges state's even-year election law in court