Photo: Wikimedia Commons/Joe Ravi (CC-BY-SA 3.0)

The U.S. Supreme Court will not step into New York’s fight over moving local elections to even-numbered years, leaving the state law in place and allowing a related federal lawsuit involving Riverhead to move forward.

In an order issued Monday morning, the court denied a petition for certiorari filed by Rockland County and other challengers seeking review of a 2025 decision by the New York Court of Appeals, which upheld New York’s even-year election  law.

The even-year election law shifts most town and county elections from odd-numbered years to even-numbered years, when voters are already at the polls for state and federal races.

Supporters say the change is aimed at increasing voter turnout in local elections. Opponents, including Republican officials and committees, argue it will dilute attention to local races and was driven by partisan political considerations.

The Supreme Court’s denial means the justices will not weigh in on the challengers’ federal constitutional claims, which included arguments that the law treats some local governments differently from others and places burdens on voters, candidates and political parties. The denial is not a ruling on those arguments but leaves intact the decision of New York’s highest state court.

That decision, issued in October 2025 by the N.Y. Court of Appeals, upheld the law after the Appellate Division court overturned a trial court decision nullifying the law.

The Supreme Court’s action allows a separate federal lawsuit challenging the same law to proceed. 

That case, pending in U.S. District Court for the Eastern District of New York, was filed by the New York Republican State Committee, local Republican committees and several Republican-led towns, including Riverhead, which joined the lawsuit in October.

“Today’s action by SCOTUS removes a hurdle to our plaintiffs’ efforts to move their claims forward,” William Brewer, attorney for the plaintiffs in the federal district court action, said in a statement Monday evening. “The State rested its claim strategy of delay on the state court proceedings. That strategy has run its course. There is no longer any pretense for delay. We represent a coalition of plaintiffs whose federal claims have never been heard on the merits — and we look forward to changing that before Judge Brown,” Brewer said.

A pre-motion conference in the case that had been scheduled for March 9 was adjourned by U.S. District Judge Gary R. Brown after the state asked the court to wait for the Supreme Court to act on the certiorari petition.

Judge Brown directed the parties to provide a status update after the Supreme Court’s decision and, if necessary, propose new dates for the conference.

No new conference date had been scheduled as of Monday.

The federal case remains significant because the plaintiffs argue it raises claims not resolved in the state court litigation, including First Amendment and voting rights issues.

The even-year election law was enacted in 2023 and began taking effect with the 2025 election cycle, marking the start of a transition to a new election calendar for many local offices across New York.

Editor’s note: This story was updated to add a statement from the attorney for the plaintiffs in the federal district court action, which was emailed after publication.

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Denise is a veteran local reporter, editor and attorney. Her work has been recognized with numerous journalism awards, including investigative reporting and writer of the year awards from the N.Y. Press Association. She was also honored in 2020 with a NY State Senate Woman of Distinction Award for her trailblazing work in local online news. She is a founder, owner and co-publisher of this website. Email Denise.