Orange County sues state over election law
Follows path of other N.Y. counties, arguing shift violates home-rule rights
Orange County has joined other local governments in filing lawsuits against the state challenging a new law that moves most local elections to even years, arguing it usurps its ability to govern by home rule.
Gov. Kathy Hochul signed the even-year legislation into law in December. In a lawsuit filed in state Supreme Court in Onondaga County, Orange County argues that the law violates local governments’ home-rule rights granted through the state constitution to schedule its own elections. Because Orange County holds county elections in oddnumber years, it also contends the new rule will shorten the terms of legislators and the county executive in office by one year when it takes effect. Finally, county officials said in their complaint that moving local elections to evennumber years may cause confusion that could lower turnout and “ballot crowding,” where local races are overlooked by higher-profile state and federal competitions.
Onondaga, Rensselaer and Rockland counties filed similar legal challenges in April.
A copy of Orange County’s
lawsuit was provided to the Times Union on Friday by the Orange County Democratic Committee, which is named as a defendant along with the county’s Republican Committee and the state Conservative and Working Families parties. County Attorney Rick Golden filed the complaint on behalf of the county government, Executive Steve Neuhaus, the county Legislature and 13 legislators, all of whom are Republicans.
The county Legislature formally authorized the litigation during a regular meeting on April 5.
The new law has received widespread pushback from Republicans and support from Democrats. It was also criticized by the New York State Association of Counties and some Democratic election commissioners. Proponents have argued the shift will save taxpayers money by consolidating elections. Hochul and the bill’s sponsor, Orange County Democratic Sen. James Skoufis, say the change will boost voter turnout, although it does not alter who is eligible to vote. Critics of the measure have noted Democrats often struggle to get voters to the polls for local elections and claim the change is an effort by that party to specifically help its candidates.
While the legislation moves some races, elections for mayor, district attorney, judicial seats, local school boards and fire districts are to remain on their regularly schedule dates. State action to change those races may require voters to approve a ballot measure to alter the state constitution.
Orange County Democratic Committee Chair Zak Constantine released a lengthy statement Friday morning condemning the county’s lawsuit.
“This lawsuit seeks to overturn recently enacted state legislation designed to both save taxpayer money as well as increase voter turnout by aligning local elections with evenyear general elections,” he said. “This move by Steve Neuhaus and Republicans in the Orange County Legislature is not just an attack on this specific legislative change; it is an attack on the very foundation of our democratic process, where every voice should be heard, and every vote should count.”