The resolution passed 14-7, with three legislators absent.
Governor Kathy Hochul signed a law in December moving some local elections — including those for county and town offices — to run alongside state and federal elections in even-numbered years. The Democrat says the move will save money, increase voter turnout for local races, and help combat voter fatigue.
However, Republicans in the Dutchess County legislature say the law violates home rule and conflicts with the county charter, which specifically says local elections must take place during odd-numbered years.
"The means by which we elect our county officials is the central pillar of our charter," says Legislator Faye Garido. "That is not to suggest that changes cannot be made, but the charter prescribes a process for making such changes, which is by the voters. In haste, [New York has] entirely disregarded the wishes and votes of the county residents."
Dutchess County is not alone. Onondaga and Nassau Counties have filed challenges with similar arguments, and the Oneida County legislature has also authorized a potential lawsuit. In all, 23 counties in New York have charters outlining their own government structures and elections.
The Dutchess County resolution sets aside $100,000 for County Attorney Caroline Blackburn to sue the state. While state law often supersedes county law, Blackburn says that isn’t always true, and she’s confident in her case. Democratic Minority Leader Yvette Valdés Smith, meanwhile, says any lawsuit is a waste of taxpayer money.
"My constituents, that I do talk to all the time, just lost a bus route in Beacon. We continue to need EMS services throughout the county. We still have mental health program needs," she adds. "My concern is taxpayer dollars."
Money was a big subject of Monday’s meeting, including whether the new law will really save or cost the County Board of Elections. Democratic Commissioner Hannah Black did not return a request for comment, but GOP Commissioner Erik Haight estimates it will require the BOE to hire more staff during even-numbered years, even outside Election Day, to handle tasks like petition filing. If the ballot during those years becomes too long, it might even need new voting machines.
"There is absolutely not a nickel in cost savings," says Haight. "If anything, at the very least, staff costs go up in the even years."
Democratic Legislator Brendan Lawler argues voting equipment needs to be regularly updated and replaced anyway, and the new law doesn’t take effect until 2025. Impacted positions elected that year will have shortened terms to bring them into an even-year election cycle starting in 2026.
John Kaehny is executive director of the watchdog group Reinvent Albany – which pushed for the new law. He says any argument that it will increase a burden on counties during even-numbered years is “pretty lame,” because the difference in turnout between on and off-year elections is already night and day. While he expects there to be some costs and headaches up front, he says the move will actually save counties money down the line, and increase voter participation on both sides of the aisle.
"There's quite a few studies by political scientists, and it's pretty clear that people do vote more in even years," says Kaehny. "And the difference is really pronounced in presidential years, when it's about three times as many people will vote in a presidential year than even in the highest odd-numbered year."
To be fair, the law does not fully consolidate local elections. That would require an amendment to the state constitution – something lawmakers are working on, but it’ll take coordination to get it done by 2026. For now, voters can still expect to turn out in odd-numbered years for a number of races, including all local elections in New York City, all city and village positions, school board seats, judges, and county sheriffs, clerks, and district attorneys.
Republican Legislator Ryan Travelpiece worries those races could see even less turnout as a result, and that overall, local issues will be overshadowed by the national political divide.
"Wrapping our local elections into the political media circus of the general election will not empower our voters to participate," he maintains. "Instead, the discordant nature of these elections will undermine the integrity of our elections and trivialize local issues."
If Monday’s vote is any sign, the resolution passed along party lines.
Kaehny says he understands counties’ objections and the concern over home rule. He says it’s reasonable for Dutchess County to sue — he just doesn’t think it’ll go very far.
"The reality is that in New York state, the state meddles with absolutely everything at the local level," says Kaehny. "Why this would be so different than all the areas where the state already has a pretty heavy hand in local activity...I don't see the courts deciding that in the county's favor."
