Albany Times Union

Orange County sues state over election law

Follows path of other N.Y. counties, arguing shift violates home-rule rights

- By Lana Bellamy

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.”

 ?? Kelly Marsh/special to the Times Union ?? Orange County filed a lawsuit in state Supreme Court in Onondaga County challengin­g new legislatio­n that moves most local elections in New York to even years. Above, the Orange County Government Center in Goshen on Jan. 8, 2021.
Kelly Marsh/special to the Times Union Orange County filed a lawsuit in state Supreme Court in Onondaga County challengin­g new legislatio­n that moves most local elections in New York to even years. Above, the Orange County Government Center in Goshen on Jan. 8, 2021.

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