NEW CITY, NY – The future of Clarkstown’s term limits law and the political fate of Supervisor George Hoehmann hang in the balance as New York’s highest court deliberates on the legality of the 2014 legislation. The Court of Appeals is expected to render a decision within a week, determining whether Hoehmann remains on the ballot for the upcoming election.
The nine-year-old law is under scrutiny due to the Town Board’s oversight to hold a public referendum in 2014, a procedural error that could potentially nullify the legislation. The Appellate Division majority ruled on Monday that state law mandated a public vote, setting the stage for arguments before the Court of Appeals.
Hoehmann, who voted for term limits in 2014, challenged the law’s legality last December, seeking another two-year term. If the law stands, it would prevent him and Councilman Frank Borelli from seeking another term in 2023. Borelli declined to challenge the law.
The Court of Appeals is also considering secondary issues such as whether the Town Board’s January nullification of term limits required four votes and if the statute of limitations had expired in 2014. The Appellate Division majority dismissed these concerns, which were upheld by Justice Amy Puerto.
The Appellate Division’s decision, if it stands, will see Hoehmann and Rockland Republican Party Chairman Lawrence Garvey on the June 27 primary for the party’s nomination for supervisor. Justin Sweet, the town clerk, is the Democratic candidate for supervisor on Nov. 6.
The case has sparked intense debate over the sanctity of the right to vote and the validity of laws enacted without public referenda. The Appellate Division majority stated, “Where a referendum is required, but is not held, the local law is invalid.”
However, the court’s decision will carry significant weight as it determines whether the term limits law was legally passed in the first place, and if it wasn’t, whether the omission to hold a mandatory public referendum is a procedural or substantive defect.
If the court rules in favor of the term limits law, Hoehmann will be barred from running for Town Supervisor in November. Conversely, if the court rules against the law, it could set a precedent that laws enacted without public referenda are invalid, potentially impacting future legislation and the democratic process in Clarkstown.
The impending decision keeps the topic front and center. The final decision will carry great weight, shaping the political landscape of Clarkstown for years to come.