New York high court questions GOP challenge to even-year election law

ALBANY, N.Y. (CN) — The New York Court of Appeals on Monday appeared hesitant to block a state law that would move certain elections from odd- to even-numbered years in an effort to boost voter turnout.

Attorneys for Republican-led challengers of the law, which include several New York counties and voters, spent nearly two hours trying to convince a skeptical court that the law was improperly passed and would unduly burden their clients.

“We are alleging that those voters will face longer lines, they will face more confusion, and they will face a harder time getting their fellow citizens interested,” plaintiffs’ attorney Misha Tseytlin argued.

As it stands, local elections in New York take place in odd-numbered years, while statewide and national ones are reserved for even-numbered years. But the law, passed by the New York state legislature and signed by Governor Kathy Hochul at the end of 2023, would consolidate local races to even-numbered years, with the other elections starting this year.

Tseytlin tried to walk a thin tightrope, simultaneously claiming the law would decrease interest and turnout in local races but also stick voters in longer lines to cast their ballots. It was his position that a certain type of voter — one who only cares about voting for local issues but not state or national ones — would be adversely affected by the change since they would now have to vote alongside state and national issue voters.

He lamented that local elections will be moved down the longer ballot beneath presidential and congressional choices, among others.

The court’s seven-judge panel seemed puzzled by Tseytlin’s arguments.

“Your allegation is that in an even-year election, voters who would have otherwise voted in an odd-year election will just not bother to vote because it’s an even-year election?” asked Associate Judge of the Court of Appeals Anthony Cannataro.

“We don’t make that allegation,” Tseytlin shot back. “The allegation we make is that the voters who don’t care about the local elections to begin with wouldn’t bother coming out to the local elections; a lot of them are going to drop off.”

“I hear some skepticism from the bench,” Tseytlin added.

Much of that skepticism came from Judge of the Court of Appeals Jenny Rivera, who was hesitant as to whether the court could address these issues at all since they’re contrary to the conclusions drawn by the state Legislature when it passed the law.

Rivera questioned whether the judicial panel could “make a different decision from the state legislators.” Tseytlin insisted that all First and 14th Amendment cases give courts the option to “second-guess” a legislative body.

Assistant Solicitor General Sarah Rosenbluth, who argued for the even-year election law on behalf of the state Monday, shot down Tseytlin’s concerns as meritless hypotheticals.

“It’s a matter of four to 12 additional slots on the ballot,” she said. “So it’s just not plausible to believe that it’s going to swamp [voters], that it’s going to become so burdensome.”

Rosenbluth added that any potential ballot drop-off effects that could result from the longer tickets were outweighed by the increase in overall voter turnout, according to data from the state. She also noted that New York has universal mail-in voting that could negate many of the line-related issues raised by the plaintiffs.

The contentious law, aimed mainly at boosting voter turnout, would move some local elections around the state to even-numbered years, excluding some city elections and certain races for county positions like clerk, sheriff, district attorneys and local judges.

New York City would not be affected.

Proponents say the law would encourage participation in local elections, which have a lower voter turnout on average than those in even-numbered election years. It would also save the state money and resources since elections would be consolidated and take place less frequently.

But state Republicans claim the law conflicts with individual county charters and, after it was signed by Hochul, initiated a legal challenge in Onondaga County to stop its enforcement. A state judge sided with them in 2024, finding the law runs afoul of the state constitution, could confuse voters, and may cause local issues to get overshadowed by more highly covered state and national races.

Earlier this year, a mid-level state appellate court overturned that ruling, finding the law constitutional and teeing up Monday’s battle at the state’s highest court.

The seven-judge panel on New York’s high court didn’t immediately issue a ruling following the arguments.

Follow @Uebey Follow @uebey.bsky.social