On this sliver of an issue I actually agree with Republicans, though not for the same reason. Republicans are filing lawsuits to prevent New York State from moving local elections to even years, when it is calculated turnout will be measurably higher. Their opposition is consistent with every action and suit they have pressed to suppress voter turnout.
Actual democracy – one person, one vote and every vote counted – is anathema to Republicans at every level of government in order to give the minority the better opportunity to rule.
The law (S3505-B/A4282-B) will move many county and town elections (those that can be changed through legislative actions) from odd-numbered years to even-numbered years. (Changing the election for other offices including judgeships and city offices requires a constitutional amendment, which Gov. Hochul supports,)
The basis for the law was a powerful statistic: voter participation in elections held in even-numbered years is substantially higher than participation during odd-numbered years. For example, millions more New Yorkers participated in elections in 2020, when 64 percent of eligible voters cast their ballots than in 2021, when just 25 percent of eligible voters turned out to take part in local elections around the state.
Supporters of the measure also argued that elections held in odd-numbered years impose cost and burden, particularly for voters who may have difficulty getting time off from work and traveling to their polling site (though improved access to early voting and absentee ballots could and should remedy this).
“Democracy works best when all eligible voters can participate, and this new law advances New York State toward that goal,” Hochul said in a press release announcing the signing. “Other states and jurisdictions around the country have made similar common-sense adjustments to their election calendars and have subsequently seen significant increases in voter participation in local elections.”
In theory, syncing town and county would more than double turnout in local races, save taxpayer dollars, and begin to streamline the extremely unconsolidated patchwork of elections in the state.
New York State, once one of the worst for voter turnout because of the most insane obstacles to voting, has made several important changes to strengthen voting rights and expand access to the ballot under Hochul. In June 2022, the John R. Lewis Voting Rights Act, the strongest state-level act in the nation, protected voters against voter dilution, suppression, intimidation and other barriers to voter participation. In December 2022, legislation moved the deadline for voter registration from 25 days ahead of an election to 10 days ahead of an election. In September 2023, Hochul signed legislation establishing a system for early voting by mail.
While I applaud the theoretical boost to voter turnout that is the basis for moving local elections to even years, my fear is that local candidates and issues will simply be overshadowed and outspent. It will be hard for low-down ballot candidates, let alone issues like a county bond referendum or town proposition, to get attention or discussion. It will be more likely than not that people will just vote a party-line, which is perhaps the thinking behind this proposal (and could backfire if there is a backlash against the top of the ticket).
Party-line voting has become a danger to “government of the people, by the people, for the people,” especially with the U.S. Supreme Court in the recent South Carolina case basically inviting Republican legislative majorities to gerrymander to their delight, putting yet another nail in the coffin of the spirit and letter of the Voting Rights Act.
This is the argument that the New York State Association of Counties also makes: “In even-year elections, state and national politics will drown out local concerns that have a direct impact on the everyday lives of New Yorkers. It is this very reason why some municipalities have constitutional protections to have odd-year elections – so the focus can be on local issues.”
The state Board of Elections has raised the logistical challenges of expanding the ballot in even years – a technological and practical nightmare.
Indeed, this was apparent in November 2022, when NYC Public Advocate Jumaane D. Williams put out an advisory: “Whether you are voting early, absentee, or on Election Day, remember to flip your ballot! In addition to individual candidates, New Yorkers will vote on four ballot proposals that will impact daily life in New York City and State.” (The absentee ballot provision lost.)
Additionally, there may be some credence to the fear that the longer the ballot, the greater the likelihood that voters will not bother to vote for down-ballot races (“voter fatigue”), where local candidates will fall.
Counties also question how much this proposal would actually save since there are city and county offices (sheriff, treasurer, clerk and district attorney) that will still be held in odd years, negating any purported savings. But turnout, not savings is the main motivator).
Another concern is that local governments claim they were never asked about the changes nor consulted by lawmakers.
Also, the very reforms that have been made to increase mail-in voting and early voting reduce the hardship and barriers to voting in off-years.
Republicans predictably have filed suit to prevent this election law change from going into effect. The Republicans aren’t arguing for any (small “d”) democratic benefit by keeping the odd-year elections – in fact, they have opposed every reform intended to ease access to voting in New York, which had been among the states with the lowest election turnout. And they are really hair-on-fire because this reform is intended to promote turnout by Blacks, Latinos, Asian, and other under-represented, hard-pressed groups.
Republicans argue that the state doesn’t have authority over local elections.
That’s the argument Nassau County Executive Bruce Blakeman is making in his lawsuit. Nassau is just one of the many Republican-led counties and towns filing suit to overturn the law (interesting they are filing separate lawsuits): On Long Island, these include Nassau County, Suffolk County and the towns of North Hempstead, Brookhaven, Islip, Huntington and Smithtown.
“If this change will result in more people voting for down ballot races, that’s a good thing. Good for our country, good for democracy. And if Republicans don’t like it – which comports with their history of trying to suppress votes – and if that is their goal, they should use party dollars, not my tax dollars to sue,” said Jody Kass Finkel, interim chair of the Great Neck Democratic Club.