Riverhead joins GOP-led federal suit over New York’s Even-Year Election Law

The battle over the timing of local elections has moved to federal court. 

The New York State Republican Committee, joined by three counties and eight Long Island towns — including Riverhead — filed a federal lawsuit late Thursday in Central Islip challenging New York’s Even-Year Election Law.

Also listed as plaintiffs are the Nassau and Suffolk Republican committees and 16 Republican town and county officials and candidates.

The suit marks the latest chapter in a months-long fight over whether the state can move most local elections to even-numbered years — a change Republicans argue erodes home rule.

The plaintiffs argue that the law violates the First Amendment and Section 2 of the Voting Rights Act of 1965 by suppressing local political speech, increasing racial polarization, and undermining the independence of self-government.

The Even Year Election Law, passed by the State Legislature in June 2023, was signed into law by Gov. Kathy Hochul that December. 

The law aligns most local elections outside of New York City with federal and state elections held in even-numbered years. Democrats who control both chambers of the Legislature and pushed for its adoption say the measure is intended to boost voter participation in local elections.

Supporters of the law argue that higher voter turnout in even-numbered years — when state and federal offices are on the ballot — will mean more people voting in local contests than is typical in odd-numbered years, when turnout is a fraction of that seen in even years.

Opponents don’t see it that way at all. The measure was vehemently opposed by Republicans, who argued it was an attack on local control in counties outside of New York City, in an effort to influence the outcome of local elections in traditional GOP strongholds. 

In a statement issued after the governor signed the bill, Ortt said, “The touted benefits are a total sham concocted to hide Democrat’s goal of expanding one-party control to every level of government.

Suffolk County Republican Party Chairman Jesse Garcia called the law an effort to “rig local elections to favor Democrats.”

Republicans challenged the law in Onondaga County last year, arguing that it violated the state constitution.  The trial court agreed, declared the law unconstitutional for violating the home rule provisions of the state constitution, and voiding it.

But the Appellate Division, Fourth Department, reversed that decision in May, ruling that the law would take effect for the 2025 local election cycle. The plaintiffs appealed to the state’s highest court, which last month upheld the appellate division’s decision, siding with the state.

That ruling effectively upended the 2025 local elections, shortening the terms of office for most local candidates on the Nov. 4 general election ballot.

Riverhead Town Supervisor Tim Hubbard in May called the Appellate Division ruling  “a horrible decision.”

Requiring local elections to be held in even-numbered years would “cast a shadow over the local elections,” Hubbard said in an interview at the time.  

The New York City law firm of Brewer, Attorneys & Counselors filed the new action on behalf of the state Republican committee. The other plaintiffs are listed so far as representing themselves (pro se).

Brewer is the firm Riverhead hired to file an amicus (“friend of the court”) brief in the appeal of the Onondaga case before the New York Court of Appeals. Riverhead was not a party to that action.

“The Even-Year Election Law is unconstitutional and undemocratic,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the plaintiffs. “It is an attempt to drown local voices, burden political speech, and erode the connection between voters and their local governments.”

He added, “This case is about preserving the opportunity for local candidates to address local issues without being overpowered by the national noise machines. The First Amendment protects the right to speak, to serve, and to be heard in every town, in every county, and in every corner of this state.”

The complaint also seeks an injunction to prevent the state from implementing the Even Year Election Law pending decision by the federal court. 

The case, New York State Republican Committee et al. v. Hochul et al., was filed late Thursday afternoon in the U.S. District Court for the Eastern District of New York in Central Islip. As of Friday morning, it had not yet been assigned to a judge.