By John Zaher
With all of the attention being paid to the presidential and congressional elections, few people may have noticed a New York State Supreme Court decision on October 8, 2024 finding Governor Hochul and state Democrats’ law requiring most local elections, outside of New York City, to be held on even years unconstitutional. The decision preserves local control over the timing of elections for offices such as county executive, county legislature, town supervisor and town council, among others.
Local election results have not been going well for Democrats in recent years. State Democrats’ liberal agenda, rising crime, out-of-control inflation and increased illegal immigration have led to voter backlash, helping to elect Republicans throughout New York State, but especially in the more competitive suburbs where Democrats do not have overwhelming majorities such as in New York City.
A quick look at Nassau and Suffolk County elected official party affiliation in 2019 compared to 2024 shows that both county executives and district attorneys are now Republicans, whereas, in 2019, all four offices were held by Democrats. With respect to the county legislatures, in 2019, out of 18 seats in Suffolk, 11 were held by Republicans or Conservatives. By 2024, that majority grew to 13 Republicans or Conservatives. Likewise, in Nassau County, in 2019, Democrats enjoyed an 11-8 majority. By 2024, the majority swung to Republicans, who now have a 12-7 edge.
A similar pattern can be found in town and city elections. Democrats have managed to fare better during even-year elections when presidential and statewide races are on the ballot. Case in point: according to the latest Siena College Research Institute poll taken from October 13-17, 2024, Kamala Harris leads Donald Trump statewide by 19 points. Turnout in presidential elections often reaches 75% of registered voters and 60% in other even-year elections. In odd-year elections, turnout falls to about 30%. A stronger top of the ticket and greater turnout benefits Democrats, who outnumber Republicans statewide and even in some suburban counties like Nassau. See the table below:
2024 Voter Registration Data for Nassau and Suffolk Counties by Party Affiliation
| County | Total Registrants | Democrats | Republicans | Conservatives | Working Families | Blank |
|---|---|---|---|---|---|---|
| Nassau | 1,064,828 | 415,211 (39%) | 321,171 (30%) | 10,256 (<1%) | 2,397 (<1%) | 284,908 (27%) |
| Suffolk | 1,112,963 | 376,665 (34%) | 345,361 (31%) | 21,568 (2%) | 4,160 (<1%) | 325,864 (29%) |
So, if you can’t beat them, change the rules of the game. In a blatant political power grab to claw back these losses, Democrats schemed to change local elections to even years by passing state legislation. Democrats argued that moving local elections to even years would increase voter participation and result in less confusion. However, the Even Year Election Law exempted elections of the district attorney, county clerk and county judges, as well as elections for New York City offices, including mayor and city council. This would have increased confusion as to which elections were up after years of having all local elections in odd years and created equal protection challenges with local city elections being treated differently from suburban and rural elections.
Contrary to Democrats’ claims, the Even Year Election Law would disenfranchise voters whose local elections and issues would be drowned out by presidential, statewide and congressional elections, for which more money is spent and more media attention is devoted. The ballot itself would be more complex and difficult to manage. Even the most attentive voter would have difficulty learning about the issues and candidates covering federal, state and local levels of government at the same time. As a result, voters would need to rely on party affiliation more to make their choices or leave more blanks on the ballot. This already happens with judicial and down-ballot races, with turnout decreasing, as noted by the number of ballots actually cast for these races.
Having local elections in odd years, where more elected offices are up for grabs, has served voters well and ensured that local government, candidates and issues get the attention they deserve. The ballot remains manageable and voters have the opportunity to focus their attention on county and town issues of importance to their local quality of life. Candidates have the opportunity to get their messages out and connect with voters. If it isn’t broke, don’t try to fix it, especially for partisan political advantage.