NEW CITY, NY — County Executive Ed Day and County Attorney Thomas Humbach announced a legal victory for the County of Rockland against the State of New York. The lawsuit challenged a state law that would have required local elections to be held only in even-numbered years, cutting the terms of all county officials by one year—a move that violated the local charter and risked overshadowing local races with state and federal elections.
The controversial law, passed with significant support from legislators representing cities unaffected by the changes, faced opposition from suburban and rural representatives, who voted 2 to 1 against it.
“Local governments are the most responsive and responsible to the everyday person, and play a vital governance role,” said County Executive Day. “We have a constitutional right to say how our local officials are chosen, and thanks to this victory, that will continue.”
Rockland County filed the lawsuit on April 22, 2024, to preserve the rights of its residents to determine the timing and frequency of local elections.
County Attorney Thomas Humbach emphasized the significance of the court’s decision, which found the state law unconstitutional. “The court agreed with Rockland and several other counties, ruling that this state law ‘does not pass the smell test,’” said Humbach. He also noted that the ruling compared the state’s interpretation of the law to the limitations of constitutional rights under authoritarian regimes, stating, “accepting the State’s view of the law would make the New York Constitution a mirage of constitutional rights.”
The full decision can be viewed here.