New York Rockland County Even Year Election Law Challenge

Lawsuit filed by Rockland County, New York and Rockland County Executive Edwin Day (R) against the State of New York challenging the state’s Even Year Election Law. The Even Year Election Law, signed into law by Hochul in December 2023, requires local governments in New York to hold certain local elections during even numbered calendar years. The plaintiffs argue this law violates Article IX of the New York State Constitution, which gives local governments the authority to regulate all aspects of county government including when counties hold elections for local officials.

The plaintiffs also argue that the New York Legislature exceeded its constitutional authority under Article IX. They allege that the Even Year Election Law was not passed as a “special” or “general” law. Under the state constitution, laws affecting local governments must be passed as general laws, laws that apply to all counties or special laws, which can only be enforced at the request of a local government or a two-thirds majority of both houses in the New York Legislature and a certificate of necessity from the governor. The plaintiffs argue that the Even Year Election Law is not a general law because it only applies to certain counties. They also argue that the state of New York never followed the additional procedures necessary to pass the Even Year Election Law as a special law.

Lastly, the plaintiffs argue that the Even Year Election Law takes away the right of the county to decide for itself when local elections will be held,  unfairly discriminates against counties in New York that hold local elections during odd-numbered years and unjustly deprives elected local officials of a portion of the terms they were elected to in violation of the U.S. Constitution. 

Rockland County asks the court to block the Even Year Election Law and allow the county to continue to hold local elections in odd numbered years.

STATUS: The plaintiffs filed their complaint on April 22, 2024. New York has not responded yet.

Last updated: April 26, 2024 1:53 pm EST