By Hank Russell
One year after a judge tossed a state law that would move all local elections outside of New York City to even-numbered years, a state appeals court sided with Democrat supporters of the law by reversing the lower court’s decision, much to the dismay of the GOP opponents.
As previously reported in Long Island Life & Politics, Onondaga County State Supreme Court Judge Gerard Neri said the law was in violation of the state constitution. Further, it trampled on the rights of local governments. Republicans said this was a victory for voting rights, while Democrats said the ruling would continue a pattern of low voter turnout. The new voting law would not have affected the New York City elections, or those for county district attorney, since those have already been enshrined in the state constitution.
LILP also reported that the bill was introduced by State Senator James Skoufris (D-Cornwall) that shifts elections for certain offices from odd- to even-numbered years, In 2023, Governor Kathy Hochul signed the bill into law, which was scheduled to go into effect next year. But a lawsuit was filed, challenging the law. Among the plaintiffs were Suffolk and Nassau Counties and the Towns of Hempstead, Brookhaven, Huntington, Islip, Smithtown and North Hempstead.
On October 16, 2025, the New York State Court of Appeals tossed a challenge from opponents of the state’s Even Year Election Law (EYEL).
“Considering the high burden placed on a party challenging the constitutionality of a duly enacted statute and acknowledging that the EYEL ‘purports to encourage an increased voter turnout in local elections now scheduled in odd-numbered years … consistent with the State’s public policy of encouraging participation in the elective franchise by all eligible voters to the maximum extent,’ that Court held that ‘the EYEL does not violate article IX of the New York Constitution,’” the court ruled.
Democrats were in a celebratory mood over the decision.
“The Court of Appeals’ unanimous decision to uphold New York’s even-year election law is a victory for democracy and all New Yorkers,” Governor Kathy Hochul. “I championed this legislation because I believe our state is stronger when more people have 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. At a time when voting rights are under attack across the nation, New York is proudly moving in the opposite direction.”
“The Even Year Elections Law will increase voter turnout,” Assemblyman Charles Lavine (D-Glen Cove) said. “Americans of good faith believe that more people should participate in democracy by voting. As former Chair of the New York State Elections Law Committee, I knew that the Republican challenge to the law was without any merit and was destined to fail.”
Lavine said it was “shameful” for the Bruce Blakeman administration and the Republican-led county Legislature to “spend half a million dollars to sue the state over the law. … Nassau taxpayers are now on the hook for $500,000.00 in needless legal fees to help suppress the right to vote.”
But Suffolk GOP Chairman Jesse Garcia said the EYEL is “a suppression of votes,” adding, “It’s going to hurt local voters, local issues and local politicians.” He also told LILP he was “not surprised” by the court’s decision. “I expected nothing less from this partisan judicial panel. … They removed the chief justice [Hector LaSalle] … to put in one of their cronies.”
State Senator Monica Martinez (D-Brentwood), who chairs the Senate Local Government Committee, said the ruling “affirmed the long-held understanding that under law, the state is entrusted with establishing the processes and procedures for elections. This decision confirms the Legislature’s authority to modernize voting and boost public engagement. Scheduling local elections in even-numbered, higher-turnout years will encourage more voters to participate and strengthen our democracy and the values we share as a nation.”
Garcia said the larger turnout at the voting booths will only benefit Democrats. “We see Albany Democrats continuously trying to change the rules to benefit themselves because their policies are failing over and over again. … This is voter suppression at its worst.”