Rockland Has Right To Hold Off-Year Local Elections, Judge Rules

ROCKLAND COUNTY, NY — Rockland County has won a landmark election law case against the State of New York.

County Executive Ed Day and County Attorney Thomas Humbach announced that Rockland County won the lawsuit against the State of New York’s law that requires local elections occur only in even-numbered years. County officials said the move effectively cut terms for all county officials down a year, which violates the county charter, and would unfairly require local races to be overshadowed by higher profile state and federal elections.

The county contended that the New York State legislators who voted for this bill almost entirely represent cities which are not impacted by the law (and could continue to have their elections when they choose). Suburban and rural legislators (which are impacted by the law) voted 2 to 1 against the legislation.

"Local governments are the most responsive and responsible to the everyday person and play a vital governance role for drinking water, social services, sewage, zoning, schools, roads, parks, police, courts, jails, trash disposal — and more — and we have a constitutional right to say how our local officials are chosen and thanks to this victory that will continue," County Executive Day said.

On April 22, the Rockland County filed a lawsuit against the State of New York to overturn the law and preserve the right to choose when, and how often local elections are held.

"The court agreed with Rockland and the several other counties who argued against the law, ruling that this State law 'does not pass the smell test,'" County Attorney Thomas Humbach said.

Humbach cited the judge's ruling lambasting the law and finding that "accepting the State’s view of the law would make the New York Constitution a mirage of constitutional rights, much like the constitution of the USSR; while those rights may appear on paper, when one attempts to use them they disappear, and the counties of New York get reduced to colonial outposts of the Empire State."

The full decision can be found here.