Onondaga County is suing New York state over the legislature’s decision to move local elections to even years to coincide with presidential elections.

The lawsuit was filed in late March in state Supreme Court in Onondaga County by J. Ryan McMahon, Onondaga county executive, the Onondaga County Legislature and Onondaga County. The county seeks a judgment that the state’s even-year election requirement violates the state constitution, a judgment saying the Onondaga County Charter falls within the Savings Clause of the state constitution and is valid despite the enactment of the even-year election law, a permanent injunction prohibiting county elections commissioners or their staffs from enforcing the even-year election law and costs and attorneys’ fees.

Onondaga County officials argue the state Legislature’s move violates the Onondaga County Charter’s requirements for odd-year elections as well as arguing County Law Article 6-A designates power to counties to determine when they will hold elections.

“The even-year election law, in addition to trampling on the county’s home rule rights guaranteed under Article 9, implicates a number of significant matters of local concern, including but not limited to: voter turnout for local elections; the right to determine when and how local officials are elected; ballot confusion; diminishing the importance of local issues and elections in a crowded political campaign season; the increased expense of running local campaigns in the same year as presidential, gubernatorial, or other federal or statewide office elections; and attracting qualified candidates to run for local office,” the lawsuit states.

There have been no responses from the state.

Versions of A.4282 and S. 3505 have been introduced in the Senate since 2013, though the 2021-22 legislative session was the first time a companion bill had been introduced in the state Assembly. The legislation was opposed by state Sen. George Borrello, R-Sunset Bay, and Assemblymen Andrew Goodell, R-Jamestown, and Joe Giglio, R-Gowanda.

The legislation would take effect in 2025 with some elected officials serving shorter terms in order to shift the elections to even years. The legislation also changes the ballot by establishing a structure all counties will use to list the offices up for election. Executive positions like the President of the United States and Governor go first, followed by other federal and state offices. All candidates who do not have an affiliation to a political office or are judicial candidates who are viewed as non-partisan, would be listed on the latter half of the ballot.

Supporters say there could be cost savings for county boards of elections by not having off-year elections, but that may not be the case. The state Constitution doesn’t allow changes for several offices — including county clerks, district attorneys, county sheriffs and town justices — while cities are allowed to continue holding their elections in odd years. New York City is currently not affected, though Assemblywoman Amy Paulin, D-Scarsdale, said she would like to force the city to change its election schedule as well.

Voter turnout tends to be higher in presidential election years than midterm years or odd-year elections that tend to be dominated by local elections.

“So if we don’t have a problem that’s been brought to our attention by the local officials and the local officials don’t need us to act because they already have the authority to act on their own and we’re not eliminating any election cycles, why are we spending 4.5 hours on this debate?” Goodell asked. “Why are we doing it? Wouldn’t our time be better spent focusing on how we can address problems that are brought to our attention by local officials rather than shoving our will down their throat?”