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NYS Republicans file federal lawsuit challenging planned switch to even years for local elections

GOP officials are trying to get federal courts to intervene after a similar lawsuit failed in state courts. Just two weeks ago, New York's top court ruled the law constitutional in a 7-0 decision.

The suit argues moving county, town and other elections to even-numbered years is a violation of candidates' free speech rights. The plaintiffs claim the fact that local candidates will be trying to communicate with voters at the same time as statewide and national candidates amounts to an illegal restriction.

The law "imposes a direct and substantial burden on core political speech and association under the First Amendment - not merely by raising costs, but by degrading visibility, distorting content and increasing bias in the act of voting. This burden cannot be justified by generalized appeals to convenience."

Their other primary claim is that the switch will "exacerbate racially polarized voting" and, therefore, violates federal voting rights laws. The Republicans assert: that "minority-preferred candidates... will face reduced visibility and increased racially polarized voting, resulting in minority voters losing the ability to elect candidates of their choosing."

The Democratic-led State Legislature and Gov. Kathy Hochul, a Democrat, enacted the law making the switch in 2023. Democrats and good-government groups noted voter turnout is always better in even-numbered years, so the law would boost participation. Also, Democrats in New York have higher turnout in even-numbered years.

Republicans opposed, saying local races and candidates would be overlooked by voters. Also, the GOP historically had seen better turnout numbers than their rivals in odd-numbered years.