Five judges on an appellate court Wednesday unanimously upheld the constitutionality of New York’s so-called Even Year Election Law, reversing an Onondaga County judge’s decision.
The 2023 state law, which would move most town and county elections to even-numbered years, can be implemented beginning in 2026, the judges ruled.
Proponents of the law have sought to increase voter participation in local elections by holding them at the same time as presidential and gubernatorial elections. Critics, especially Republicans, have argued the law is intended to pump up Democratic candidates.
The five-member Appellate Division of the Fourth Department overturned an October decision by state Supreme Court Justice Gerard Neri, who declared the even-year law unconstitutional.
Onondaga County Executive Ryan McMahon, a Republican, led the legal effort to overturn the law. McMahon said he plans to appeal the decision to the state’s highest court, the Court of Appeals.
“This was never an election case,’’ McMahon said. ”It is a constitutional case about home rule and we look forward to defending the county charter.”
Neri ruled that the law violated the right guaranteed in the state constitution for local governments to conduct their own affairs.
“There must be a matter of state concern for the state to invade the province of local control,’’ Neri wrote in his order.
The appellate court rejected Neri’s analysis, saying that nothing in the state constitution prohibits the legislature from passing laws that apply generally to all counties.
“This decision is a celebration of democracy,’’ said Dustin Czarny, Onondaga County’s Democratic elections commissioner.
“This legislation will ensure more voters will vote on more offices and we will have a government that is representative of all the people of Onondaga County and New York State,’’ Czarny said.
Czarny and Gov. Kathy Hochul, a Democrat, were the main defendants in the lawsuit, which was brought by Onondaga County and several other counties, all led by Republican county executives.
The law changes the timing of elections for county executives, county legislators, town supervisors and town elected officials from odd to even years.
But there are multiple exceptions. New York City, like all cities, including Syracuse, would be exempt from the change. Also exempt are the offices of town justice, sheriff, county clerk, district attorney, family court judge, county court judge and surrogate court judge, all of which have terms set by the state constitution.
Czarny has previously said that voter turnout in the county has averaged 76.5% during recent presidential elections and 59.4% during gubernatorial elections. That compares with 33.7% turnout during odd-year elections since 2016, he said.
The Democratic-led state legislature passed the law in June 2023 and signed by Hochul in December. It immediately drew fire from Republicans, including McMahon, who said the law was designed to help Democrats win more local elections.
The Republican-dominated Onondaga County Legislature approved spending $100,000 to launch the lawsuit on a straight party-line vote.
Assuming the appellate decision stands, McMahon, who began a new term in January 2024, would serve a full four-year term until the 2027 election. The winner of the 2027 election would serve only three years before a new election is called in 2030. After that, the elections would take place every four years in even-numbered years.