Riverhead Town considers local law mandating odd-year town elections

Riverhead officials are considering a local law requiring town elections, which take place every two years, to be held in odd-numbered years.

A resolution is on the agenda of Wednesday’s Town Board meeting to schedule a Nov. 7 public hearing on the proposed law. The proposal has not been discussed during a public Town Board meeting and was added to the agenda after last week’s work session.

The proposed local law would add a new Article VII to Chapter 103 of the town code, pertaining to biennial town elections. It would require elections for the offices of supervisor, town council, town clerk, receiver of taxes, highway superintendent and assessors to be held in odd-numbered years. 

Riverhead’s action is in response to a state law enacted last year that mandates most local elections in counties outside of New York City to be held in even-numbered years. The goal of the state law is to boost voter participation in local elections, according to Democrats, who control both chambers of the state legislature and pushed for its adoption. The bill was vehemently opposed by Republicans, who argued it was an attack on local control in counties outside of New York City. 

Several upstate counties, along with Nassau and Suffolk counties, two Nassau County  towns and four Suffolk County towns, sued the state in the hope of having the law invalidated.  Last week, their legal challenge succeeded.

A State Supreme Court judge in Onondaga County on Oct. 8 ruled that the “Even Year Election Law” is void because it violates local home rule provisions protected by the state constitution.

The court also specifically ruled that sections of the county charters requiring county elections to be held in odd-numbered years would remain valid despite the enactment of the new state law due to the “savings clause” of the state constitution, which says that existing, valid local laws shall remain in effect unless repealed, amended or modified pursuant to the state constitution.

The Association of Counties and Association of Towns joined Republican state legislators in opposing the bill. 

Opponents said rather than make local elections more representative, holding local contests in the same year as state and federal elections would mean local issues would be drowned out. Also, having all elections in the same year would make the ballot so lengthy that local races and ballot questions would be printed on the back of the page, requiring voters to turn the ballot over to vote on local matters. The net result may be less participation, they argued.

The state law was passed in the closing hours of the legislative session in June of last year and signed into law by the governor just before Christmas.

MORE COVERAGE: New state law changes local election years to align with federal and state elections after 2025

Town supervisors with two-year terms would be forced to stand for election to a one-year term in 2025 and to run again for a two-year term in 2026. Riverhead Supervisor Tim Hubbard, who was about to take office when the governor signed the bill, said in an interview at the time that the change forcing a town supervisor to have a one-year term in 2026 is “absolutely ridiculous.”  As it is, he said, “two years is too short.” It’s going to be costly to hold town elections two years in a row, as well. “It just doesn’t make any sense.”

Hubbard also said the transition to even-numbered years will create issues with the town’s 12-year term limits for town supervisor and council members.  “For the board members that run in ’25, for a three-year term, they’re not going to be able to serve three full terms. Because the third one will put them over the 12-year limit,” he said.

Sen. James Skoufis (D-Orange County), who sponsored the legislation, told Spectrum News the state would appeal the decision.