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Howard Kopel: New even-year voting law is all about partisanship

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In a recent Wall Street Journal op-ed, M. Todd Henderson criticized Illinois Democrats for manipulating election timing to suppress voter turnout. In New York, Democrats are deploying the opposite tactic: moving local elections to even-numbered years to flood the polls with voters who typically ignore local races. The strategy may differ, but the goal is the same: partisan advantage.

Traditionally, counties across New York have held local elections in odd-numbered years, separate from statewide and federal elections in even-numbered years. There are many benefits to doing this. Separation of election timelines encourages voter engagement by allowing the local candidates and issues to take center stage. Voters have more opportunities to learn about their local representatives, understand the nuances of their platforms, and make informed decisions without the distraction of higher-profile races. By focusing on local elections independently, community-specific concerns receive the attention they deserve, fostering a more informed and active electorate.

Despite the clear benefits of separating local and state elections, New York is now poised to end this practice. The State Legislature and the governor have passed a new law requiring all voting to occur in even years, over the vehement objections of most affected local governments.


The ostensible reasons are that this would be less expensive and that the increased participation of voters in years that feature high-profile state and national elections is good for democracy. However, the real motivation is political.

A move to even years would not save any money for the state, since the odd year elections are paid for by the localities that oppose the change. Democrats dominate statewide offices in New York, but counties like Nassau and Suffolk remain Republican strongholds. By shifting local elections to even years, Democrats hope to capitalize on the surge of partisan voters who show up for presidential and gubernatorial contests but otherwise ignore local races. These voters are less likely to scrutinize individual candidates and more likely to vote the party line, tilting the scales in favor of Democratic challengers.

The cynicism of this maneuver is underscored by a glaring exception: New York City. The law exempts the five boroughs, where Democratic control is already secure. If the goal were truly to save money or boost turnout, why carve out the city? The answer is obvious — there’s no partisan gain to be had there.

A number of local governments, including Nassau County’s, have brought suit to overturn this law on the grounds that it interferes with our statutory right to govern ourselves and set the rules for our own elections. The initial decision in the state Supreme Court, the lower court in this state, where judges are elected — and are, therefore, more connected to their communities, agreed with the position of the affected local governments.

In order to make sure that the law would nevertheless go into effect in 2025, the Appellate Division, where judges are appointed by the governor, agreed to consider the case on an urgent basis, with little time for the parties to prepare. Of course, the panel, which is dominated by Democrats, overturned the thoughtful and well-considered decision of the lower court. We then appealed to the Court of Appeals, the highest court in the state — again, where judges are appointed by the governor, which is also dominated by Democrats. Somehow, that time, the urgency to hear the appeal vanished, and the court swiftly upheld the Democratic priority. Now a federal lawsuit has been filed to overturn the law, but the outcome and timing are uncertain.

This law sets a troubling precedent. It undermines home rule, erodes voter engagement with local issues, and politicizes the very structure of our democracy. If Democrats in Illinois are guilty of suppressing turnout by burying elections in obscure months, Democrats in New York are guilty of diluting local accountability by overwhelming it with national noise.

As Nassau County and others continue their legal fight, the question remains: Will local voices be heard, or will political maneuvering dictate the future of our elections?

Howard Kopel represents Nassau County’s 7th Legislative District and is the Legislature’s presiding officer.