The Government Services & Administration committee passed the resolution Thursday, sending it to the full legislature for a final vote. In December, Governor Kathy Hochul signed a law moving some local elections — including those for county legislature and town supervisor — to the same year as state and federal races. Hochul, a Democrat, has said the move will save money spent on local elections, increase voter turnout, and help combat voter fatigue.
However, Dutchess County Legislature Chair Will Truitt, a Republican, says the new law violates home rule and directly conflicts with the county charter, which specifically calls for local elections to take place during odd-numbered years.
“New York state simply lacks the authority to circumvent our charter, period," says Truitt. "If New York state can unilaterally change this aspect of our charter, are there any components that are safe from their overreach?”
Dutchess County is not the only local government chafing at the new law: the Republican-controlled Onondaga County Legislature filed its own lawsuit in March. Twenty-three counties in New York have charters outlining their own government structures and elections, and the law has received fierce opposition from the New York State Association of Counties.
If approved, the Dutchess County resolution would set aside $100,000 in the county budget for County Attorney Caroline Blackburn to sue the state. Democratic County Legislator Brendan Lawler says he feels any lawsuit would be a waste of time and money.
“There are plenty of other places where we could put this money," says Lawler. "We have infrastructure that’s in dire need, we’re in the middle of an opioid crisis, we’re in the middle of a mental health crisis. We have a county that is changing bus routes, including cutting out part of route C in Hyde Park.”
The resolution was hotly debated by lawmakers outside the committee Thursday. Republican Legislator John Metzger said the lawsuit is necessary to preserve the Dutchess County charter that legislators are sworn to protect. Democratic Legislator Brennan Kearney, meanwhile, said she also swore to uphold the state constitution, and state law supersedes the county charter. She called the argument presented in the potential lawsuit a “thinly-veiled lie” designed to protect lawmakers who might benefit from low voter turnout.
“My question is — and I'd be curious if everyone wants to do this — with a show of hands, who in the room would support changing election dates, as the county, if New York state had not done so? Do you support measures to increase voter turnout?" asked Kearney.
Off-year elections do typically see less interest from the general public. According to the county Board of Elections, Dutchess County has nearly 223,000 registered voters, but only about 35 percent of them cast ballots in November.
That said, the new law does not totally scrap off-year elections — that would require an amendment to the state constitution. As of right now, voters still need to turn out in odd-numbered years for all local races in New York City, all city and village positions, school board seats, and county clerks, sheriffs, and district attorneys.
Blackburn maintained the question of whether New York law supersedes county charters is complicated.
“If the state attempts to legislate on the property or affairs of local government, they need to do so by general law of general application," she explained. "And even if it’s a general law of general application — which this is not — but even if it is, if it is central to the foundational operation of our government, we can supersede it.”
The resolution ultimately passed 7-4-1, with Assistant Minority Leader Barrington Atkins absent.
“If we as a Dutchess County legislature wanted to move elections to be in sync with even years, the proper process isn’t New York state coming in — it’s us deliberating that here in this body," said Truitt. "Someone bring it forward, discuss the merits here, and if it passes, it goes to the back of the ballot as a referendum item in the November general election, and then our 300,000 residents of Dutchess County get to make that decision.”
The governor's office declined to comment, citing pending litigation. The law takes effect in 2025. Impacted positions elected that year will have shortened terms to put them on track with an even-year election cycle.
Monday's legislature meeting is scheduled for 6:30 at the county office building in Poughkeepsie.
