A federal judge Monday dismissed the complaint challenging New York’s Even Year Election Law, throwing out the governmental plaintiffs’ claims with prejudice, while allowing the remaining non-governmental plaintiffs an opportunity to file a new complaint.
In a sharply worded 22-page decision, U.S. District Judge Gary R. Brown Monday ruled that the remaining government plaintiffs could not pursue the federal constitutional claims, concluding they were barred by the prior state-court litigation, lacked standing and had no cause of action under the federal civil rights statute known as Section 1983.
Barring further relief in the case, the ruling means Riverhead’s 2026 supervisor election is expected to proceed under the Even Year Election Law, with voters electing a supervisor this November to a two-year term that will align the town’s election cycle with even-numbered years.
Brown questioned the propriety of municipal governments participating in the litigation alongside partisan political organizations, citing RiverheadLOCAL’s reporting on more than $1.6 million in taxpayer-funded legal fees.
Brown granted the state’s motion to dismiss the Amended Complaint, dismissing the remaining governmental plaintiffs’ claims with prejudice. He also dismissed with prejudice the claims against the State of New York, Gov. Kathy Hochul and the New York State Board of Elections.
The remaining non-governmental plaintiffs, including the New York Republican State Committee and the county Republican committees, were granted leave to file a second amended complaint against different defendants. The judge denied as moot the plaintiffs’ request for a preliminary injunction.
Brown ruled the governmental plaintiffs were barred from pursuing the federal lawsuit for multiple independent reasons, including that their claims were precluded by the prior state-court litigation, that they lacked Article III standing and that the federal civil rights statute known as Section 1983 does not provide them a cause of action.
The federal lawsuit was filed in October 2025 after the New York Court of Appeals unanimously upheld the constitutionality of the Even Year Election Law, which moves most local elections to even-numbered years. Plaintiffs asserted federal constitutional claims after the U.S. Supreme Court declined to review the state court decision.
In a footnote, Brown also questioned plaintiffs’ counsel’s simultaneous representation of partisan political organizations and municipal governments.
“Though moot following the Court’s dismissal of the governmental plaintiffs’ claims, the Court also notes the evident conflict concerns presented by plaintiffs’ counsel’s representation of both partisan political organizations and non-partisan governments in the same action,” Brown wrote.
“Their presence in this lawsuit is troubling,” the judge continued, “especially so in light of the substantial legal expenses reportedly billed to the governmental plaintiffs by counsel.”
Brown cited two RiverheadLOCAL investigations documenting the legal fees incurred by municipal plaintiffs, including RiverheadLOCAL’s June 16 report that the Town of Riverhead paid at least $207,958.79 in legal fees before voluntarily withdrawing from the case and a June 25 report on legislation introduced by Suffolk County Legislator Greg Doroski seeking to withdraw Suffolk County from the litigation because of its cost.
Doroski said Monday evening the spending was “a misuse of taxpayer money, and a waste of taxpayer money as well. It has absolutely nothing to do with what folks think about the even year election law. This is Republican-led municipalities bankrolling the Republican committees in a lawsuit that failed.”
Riverhead and most of the other governmental plaintiffs voluntarily dismissed their claims earlier this month.
The state’s motion to dismiss was argued before Brown on June 18. He reserved decision following oral argument.
The remaining non-municipal plaintiffs may seek to file an amended complaint “to assert a claim against the individual commissioners of the State Board of Elections or other claims not inconsistent with this opinion.”
In a statement issued after the ruling, Brewer, Attorneys & Counselors said the decision “clears the way” for the Republican committee plaintiffs and several political candidates to continue pressing their First Amendment challenge by filing an Amended Complaint naming the individual commissioners of the State Board of Elections as defendants.
“This decision clears the way for us to focus on the heart of the case,” William A. Brewer III said. “The court resolves a set of preliminary questions and gives us a clear path forward. We intend to take it, and we are confident in the strength of our First Amendment challenge.”
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