The state Court of Appeals on Thursday unanimously upheld the Even Year Election Law passed in 2023, which means that elections for many town and county officials will move to even years to coincide with presidential and gubernatorial elections.
Locally, it also means that numerous two-year county and town offices on this year’s ballot, such as county legislator and town supervisor, will be back on the ballot again next year.
Several New York counties and towns sued to block the law, arguing that it violated the right of local governments to schedule their own elections.
Their arguments found favor with state Supreme Court Justice Gerard Neri in Onondaga County, who held that “the State’s attempt to alter counties’ timing of elections and terms of office for county offices is unconstitutional.”
An appeals court in Rochester unanimously struck down Neri’s decision, and the six-member Court of Appeals agreed that nothing in the state constitution bars the law from taking effect immediately.
“There is no express or implied constitutional limitation on the legislature’s authority to enact the Even Year Election Law,” the court ruled.
Here’s the practical impact on some current local races:
• Niagara County legislators, all of whom are up for election this year, will serve only one year before they have to run again in 2026, for a normal two-year term — or, if a county proposition on this year’s ballot is approved by voters, for a newly increased four-year term of office.
• Candidates who are running for town offices with two-year terms.
• Candidates for four-year town offices, such as town clerk, council member, highway superintendent and tax collector, will serve three years before having to run again in 2028.
Elected city and village offices are exempt from the change. So are the offices of town justice, county clerk, district attorney, county court judge, family court judge, and surrogates’ court judge.
Affected four-year town and county offices that are to be filled by election in 2027 will have three-year terms and go up for election again in 2030, according to transition guidance from the New York State Board of Elections.
The Democratic-led state legislature passed the Even Year Election Law in June 2023 and it was signed by Hochul in December. It immediately drew fire from Republicans who said the law was designed to help Democrats win more local elections.
Joseph Burns, a Republican election lawyer, expressed disappointment with the Court of Appeals decision.
“It’s an unfortunate decision, but I don’t think anyone is surprised it turned out this way. The Even Year Election Law was nothing more than Albany politicians usurping power from local leaders,” he said.
Supporters of the law said it will increase voter participation in local government elections and thereby enhance democracy.
In Niagara County, 67% of registered voters cast ballots in 2024, a presidential election year, and 55% voted in 2022, a gubernatorial year. That compares with 13% turnout in 2023 and 31% in 2021.