The US Supreme Court declined to hear a case on a New York law that pushed local elections to the same year as federal races — but the fight isn’t over.
Nassau County Bruce Blakeman and a coalition of other state Republicans including Rockland County Executive Edwin Day had asked SCOTUS to step in after a New York Court of Appeals ruling that found that the 2023 Democrat-backed law is constitutional.
But a federal court action could still kill the law and keep the elections separate.
The controversial law is reshaping New York’s political calendar starting this fall, moving odd-year local races to even years when federal and state officials will be on the top of ballots.
The move is forcing officials such as Blakeman to serve shortened terms to sync up with the next election. Blakeman would be up in 2028 after only three years, although he is running against Gov. Kathy Hochul as the Republican Party’s nominee this year.
Jay Jacobs, the state and Nassau County’s Democratic chairman, was please SCOTUS didn’t get involved.
“The Supreme Court did the right thing by declining to take up this challenge,” Jacobs told The Post
“Let’s be honest. Off-year elections have always meant lower turnout. This law fixes that, bringing more voters into the process and making government more representative of the people,” Jacobs added. “There never was a federal or Constitutional issue.”
But William Brewer III, the lead counsel for a separate coalition of counties, local candidates and voters who have their own federal challenge to the law still pending in the Eastern District of New York, was optimistic the change could still be axed.
Brewer believes the SCOTUS denial actually hands his clients, which includes Nassau County, a victory of sorts as the state had been using the ongoing court fight as grounds to stall the separate federal lawsuit.
“The denial does not reach the merits of any of the federal constitutional claims,” Brewer said.
Brewer said he is hoping there is no longer any basis for a delay after the other case is concluded and their latest federal challenge will finally be “heard on the merits.”
The Democratic-led state government has argued holding elections in the same year would boost voter turnout and cut the costs of holding annual elections but critics have said it will drown out local issues, link small town politics to presidential elections — and favor Democrats over Republicans.
Republicans pointed out that New York experienced a decent swing right in the last presidential election — and claimed state lawmakers were trying to stop the GOP from gaining traction in suburban areas.
“For over 100 years, our local elections were held on odd years,” Blakeman said in May.
“What is this all about? It’s about state control — the state trying to run our counties, towns, villages, and cities from Albany with one party rule.”
The law does not apply to New York City or certain countywide offices, including district attorneys.
A spokesperson for Republican State Chairman Ed Cox told The Post he is confident in moving forward with Brewer’s separate case despite Monday’s rejection.
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